Exactly - ''by country of birth''- PROVIDING YOU ARE THE CITIZEN OF THAT COUNTRY WHERE YOU WHERE BORN -IF NOT -THEN SECOND CATEGORY permited to play GC lotttery IS CITIZENSHIP OF COUNTRY WHICH IS PERMITED TO TAKE PART IN THE LOTTERY REGARDLESS OF THE COUNTRY WHERE YOU GOT BORN or 3 RD CATEGORY ELIGIBILITY BY dual citizenship aquired through parents -providing they are different Nationalities - AND ABOUT cHINESE ,Indians and other nations which are overpopulated THEY CAN't actualy applay like that by using different country of birth in attempt to circumvate ban on their native countries - at any rate this guy born in Spain but native of INDIA could never get GC through lottery as long as INDIA is barred from participating its just not gonna happen-you have US immigration and citizenship act which has clear definition of the person 'charged' to certain region or country -HE OR SHE CAN BE ''CHARGED'' TO CERTAIN COUNTRY ONLY IF HE OR SHE HAS IS BORN IN THAT COUNTRY AND HAS A PROOF OF ''NATIVITY'' I.E. CITIZENSHIP OF THAT SAME COUNTRY .......
Can you provide a link for this?
All comes down to KCC doing DV Lottery by birth and USCIS granting GC/US Citizenship based on citizenship at birth. Some countries only allow Jus Sanguinis(by blood, one of your parents have to be a citizen of that country, eg Spain, China and India gives citizenship by blood). Other countries give citizenship based on soil. Countries that allow by soil are USA, Canada and few others. But these countries have mixture of Jus Soli and Jus Sanguinis.
Jus Sanguinis Countries:
Bulgaria
Belgian
China
Croatia
Estonia
Finland
Germany
Greece
Hungary
Iceland
India
Ireland
Israel
Italy
Japan
Kiribati
Lebanon
Poland
Romania
Russia
Rwanda
Serbia
Slovakia
South Korea
Spain
Turkey
Ukraine
Jus Soli Countires:
States that observe jus soli include:
* Antigua and Barbuda
* Argentina
* Barbados
* Belize
* Bolivia
* Brazil
* Canada
* Chile[2] (children of transient foreigners or of foreign diplomats on assignment in Chile only upon request)
* Colombia
* Dominica
* Dominican Republic
* Ecuador
* El Salvador
* Fiji[3]
* Grenada
* Guatemala
* Guyana
* Honduras
* Hong Kong
* Jamaica
* Lesotho[4]
* Mexico
* Nicaragua
* Pakistan
* Panama
* Paraguay
* Peru
* Romania
* Saint Christopher and Nevis
* Saint Lucia
* Saint Vincent and the Grenadines
* Trinidad and Tobago
* United States
* Uruguay
* Venezuela
Many nations have a mixture of jus sanguinis and jus soli, including the United States, Canada, Israel, Germany (as of recently), Greece, Ireland and others.
It all depends on who is processing you GC, KCC or USCIS (USCIS will takeover from KCC if you are doing AOS). It seems like USCIS has final say over KCC.
If you are Indian born in country that gives Citizenship based on Jus Sanguinis like Spain, then you are an Indian Citizen. But if you are born in a country that is qualified for DV and citizen of that country by Jus Soli and/or/both Jus Sanguinis, but lost the citizenship when you were naturalized to another third country, can you be granted DV by USCIS?
For you to get GC by USCIS based on DV Lottery by birth, do you need to be a dual citizen (regaining the citizenship of birth country), if you got naturalized in another country and lost the birth country's citizenship?
On what passport would USCIS issue the GC, naturalized country's passport or birth country's passport? Or does the person has the choice to choose which passport to give it to USCIS Officer?