Asylum Seeker 'Status' in EUROPE eligible for DV or not, URGENT PLEASE!!

[slimsmile]

Is an Asylum Seeker living in EUROPE eligible for DV? (URGENT)

Hi guys,

I am an asylum seeker living in one EU country and married with a local (EU Citizen). As my own country is not eligible to apply for a DV, I applied on base of my wife. I got last week the NL and now I have to fill in the forms and send them back. As my status is Asylum seeker and not the one with approved asylum (Though I am not illegal even) I am afraid that US Embassy will require a legal status or a valid visa to process after I get my interview appointment.

Does someone knows if I have to have a valid visa or I can still go ahead with the process?

If no, then should I give the consulate/embassy’s address in my home country on the DSP-122 form and fly back with my wife after I get the second NL but US officials have to take in account that flying back to my home country could result a big harm to my life!

A quick answer would be highly appreciated!

Many thanks in advance!

 

[raevsky]

You are not even required to stay in the country legally. You can be processed in the country you are staying now, if you stay there until the visa is issued.

 

[slimsmile]

Many thanks raevsky,

This is intresting to know that US officials will not care about my status in a foreign country, I feel quite relaxed now. Could you please let me know your sourse of information, any link? Or may be tell me that how confident you are about what you said.

Sorry for the questions but you know I have to be a bit sure before i go ahead with filling in my forms!

Many many thanks once again!

 

[raevsky]

Here it is

http://www.state.gov/documents/organization/87872.pdf

9 FAM 42.61 N1 DETERMINING PLACE OF
APPLICATION BY RESIDENCE, NOT COUNTRY
OF NATIONALITY

9 FAM 42.61 N1.2 Defining Residence
(TL:VISA-3; 08-30-1987)
INA 101(a)(33) states, in part: “The term “residence” means the place of
general abode; the place of general abode of a person means his principal,
actual dwelling place in fact, without regard to intent.” If an alien can show
that his or her “principal, actual dwelling place” is or was in a specified
country, the fact that the alien does/did not have, or intend to have, the
status of a lawful permanent resident or any other legal status in that
country is not relevant.

 

[slimsmile]

Thank you

Dear raevsky,

Many thanks for your reply and answers.

This forum is really a great sort of help for the new winners and for those who need any kind of information about DV-Lottery.