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Won DV, have dual nationality, was born in a non eligible country, also my parents.

M

mikelaingeru

New Member
Hi,
I won the DV lottery, using a Spanish passport, got the nationality through my grandparents (Civil War Refugees). I did all the process, had the medical exam, fingerprints, paid for everything, and now it appears it is going to be denied (at the time of the interview) because my parents were also born in a non eligible country and the Spanish citizenship was obtained through my grandparents.

Is this right? Is there anything I can do? - They told me to wait for further instructions because they had to do more research.

All advise is highly welcome.
Mikel Aingeru
 
Hi,
I was born in Mexico, but I also have Spanish nationality. That's why I entered the lottery in the first place, using that nationality as the one participating.
 
From the DV lottery requirements.:

"If you were born in an ineligible country, you may still enter the DV Lottery Program if your spouse (legally married husband or wife) or both your parents were born in an eligible country."

Unless your parents are Spanish too through birth, it does not look too good. Sorry.
 
Thank you Didi - last question, is it left to the discretion of the consul or I should be expecting a certain NO.
Thanks,
Mikel
 
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Honestly I am not sure. I think it's weird that it wasn't flaged when they processed your ds-230 form. They should have seen then that you were not born were you claimed eligibility.
So really, they may skip it at the interview too. But i don't know. Who told you "to wait for further instructions because they had to do more research" ?
 
Thanks for your reply Didi - Actually it was AT THE INTERVIEW where they told me to hold! They didn't deny it, they just told me to wait. I'm expecting a letter from them with the instructions for the next steps. Unfortunately I didn't know that my parents had to be born in an eligible country, and as you said, they didn't flag it at any time, I did my medical exams, fingerprints, paid for the visa and it was at the very last step. Any takes? Suggestions?
Thanks in advance,
Mikelaingeru
 
It is clear in the requirements what you need to be eligible...Sorry, but you should have known from the start...if you get it you will be lucky but if one lawyer finds out he might sue the program is his client will be denied for being ineligible and USCIS knows that and probable will try to prevent being sued...

Perhaps they will check if there has ever been a case like that...Good Luck:), but readint the requirements before entering is always the best thing to do before getting a disapointment and losing money, because the money is non-refundable.
 
As bentlebee said you should checked that before applying. But now, it's done, you had the interview, you can't go back, so you just have to wait and see what happens.
 
Well, he would have been ineligible if he had checked before the interview anyway, so at this point, he'll just have to wait and see what happens.
 
Hi Mikel,

First of all, congratulations on your success with the DV so far.

Has there been any update on your situation? Did you do the interview at the US Consulate in Mexico?
 
Dv lottery is not about your nationality, it determines the country you were born in therefore what your native country is.

For example if an English man was born in Australia he would be of British nationality still. However he was born in Australia. Therefore this makes him a native to Australia and therefore eligible for the Dv lottery.

Mexico is not eligible since more than 55,000 immigrants or more have emigrated to the states in the last 5 years. (infact Mexico has one of the highest immigration rates to America compared to any other country). While countries such as Australia have less than 55,000 immigrants in the last 5 years emigrating to America which makes then eligible for the dv lottery.

The DV lottery determines if you were a native of an eligible country, therefore being born in an eligible country. For example if you were Spanish from Spain but yet you were born in Canada or Mexico you would be ineligible for the DV lottery since you were born as a native of an inelgible country.

I say you got lucky that they didn't spot that before giving you the interview and you might pull it off luckily, however don't count on it. But really people born (natives) of inelgible countries can not apply no matter what their nationality is. Harsh rules but it shorterns the number of applicants for the Dv lottery.

Anyway whatever the result, good luck!
 
Hello Mikel,

Since you were NOT born in an eligible country, your entry can only be valid if BOTH your parents were born in an eligible country.
Since they are not, your entry is invalid, but good luck!

N.B. You should not think about nationality, citizenship etc. since it's not really relevant and may confuse
 
How your case ended, I'm in the same situation. Thank you.

mikelaingeru said:
Thanks for your reply Didi - Actually it was AT THE INTERVIEW where they told me to hold! They didn't deny it, they just told me to wait. I'm expecting a letter from them with the instructions for the next steps. Unfortunately I didn't know that my parents had to be born in an eligible country, and as you said, they didn't flag it at any time, I did my medical exams, fingerprints, paid for the visa and it was at the very last step. Any takes? Suggestions?
Thanks in advance,
Mikelaingeru
Click to expand...


How your case ended, I'm in the same situation.
Thank you.
 
mikelaingeru said:
Thanks for your reply Didi - Actually it was AT THE INTERVIEW where they told me to hold! They didn't deny it, they just told me to wait. I'm expecting a letter from them with the instructions for the next steps. Unfortunately I didn't know that my parents had to be born in an eligible country, and as you said, they didn't flag it at any time, I did my medical exams, fingerprints, paid for the visa and it was at the very last step. Any takes? Suggestions?
Thanks in advance,
Mikelaingeru
Click to expand...


Hi Mikelaingeru,
How your case ended?
I am in a exactly situation now.
Thanks
 
mad21 said:
Hi Mikelaingeru,
How your case ended?
I am in a exactly situation now.
Thanks
Click to expand...

Mad21 - the original post is very old. Perhaps if you explain your situation we could explain how the rule would be applied. The entry must be based on your nativity, but there are some possible exceptions.

So - if you would like some help to avoid wasting your DV fee, please tell us
Where were you born.
Where were each of your parents born.
If you are married where was your spouse born.
If you were born in a country where you parents were just visiting temporarily - please explain the circumstances.
And finally, please tell us which country of chargeability did you enter under and which region your case number is from.


By the way - there are some inaccurate statements made in this thread - so be careful in relying on it.
 
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mad21 said:
Hi Mikelaingeru,
How your case ended?
I am in a exactly situation now.
Thanks
Click to expand...

If you are in exactly the same situation, you will be denied. The instructions are very clear about what constitutes an eligible country. I'm not sure where the guys above are talking about both your parents coming from an eligible country being a way out, the parents rule is if they were only temporarily in your non-eligible country of birth when you were born, and you have to be able to prove it was a temporary stay.

Don't get your hopes up because some people above told the other poster he might be alright because KCC let his case go to the embassy. KCC does not have the authority to deny a case after it has been selected, they can only flag it and send it to the consulate, who make the decision.
 
britsimon said:
Mad21 - the original post is very old. Perhaps if you explain your situation we could explain how the rule would be applied. The entry must be based on your nativity, but there are some possible exceptions.

So - if you would like some help to avoid wasting your DV fee, please tell us
Where were you born.
Where were each of your parents born.
If you are married where was your spouse born.
If you were born in a country where you parents were just visiting temporarily - please explain the circumstances.
And finally, please tell us which country of chargeability did you enter under and which region your case number is from.


By the way - there are some inaccurate statements made in this thread - so be careful in relying on it.
Click to expand...


Hi britsimon thank you for your reply,
I have a German back ground family but I was born in Brazil and my parents too, my mother's father was German so that's why my mom and I got a German nationality too, I didn't pay very much attention to the word "NATIVE" so that's why I applied for it.
My wife has the same situation she hold's an Italian citizenship but she was born in Brazil and her parents too her grandparents were Italians like my case.
I guess in that case I will be disqualified for the program isn't it?
Thanks again for the reply.
 
It sounds like your parents were permanently in Brazil when you were born and same for your wife, so unfortunately yes you are not eligible.
 
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