Appriciate your honest commetns on this please. I need to hear from exprienced members - alemitmee, ,
I don’t know about experienced! I had a B2 visa once years and years ago. My company got the visa for me at the time so I was not involved in getting it at all.
I also had a few J1’s but again filed and sorted out by travel companies. The DV was so straightforward for me anyway so that is the only thing I really have any experience with. I have not had any where near the amount of dealings with US visas as some people that I have come across. Anyway ….
My Questions:
1/ If I drop the application now, will there be a problem with my DV processing? If so what should I do to tackle the problem? There is one question in the non immigrant visa form that says: 'Has anyone ever filed an immigrant visa petition on your behalf?' and I replied No. This was not for the sake of lying but as I mentioned above it was because I did not have that much knowledge before and I didn't know that filling and sending the DV forms is requesting for an immigrant visa.
This is fair enough, any one could make this mistake. I think the best rule of thumb when dealing with US consulate authorities is to just be honest and tell the truth.
2/ I learned from this forum that once you filled and sent back the DV forms, you're showing your INTENT to immigrate and requesting for a non immigrant visa then after will be difficult. What if my CN never becomes current and after the end of the DV period if I request for a non immigrant visa?
Thank you,
To be honest there is no official line or official policy on this. One thing I have learnt from the whole GC process and reading all the various forums is that immigration law and visa issuing processes can often be thrown about by people who are giving opinion rather then fact. I have even seen immigration lawyers arguing points on one forum, and you would think that they would know the law 100%. Some times there are very clear cut answers, for example:
Q. I spent 10 years in prison can I get US visa? A. probably not to be honest but I suppose it depends what you were in for.
But most of the time the answers are not that straight forward.
Now to answer your question 2, yes you have indicated immigrant intent by filing your DV forms, but I really don’t think that Automatically disqualifies you from obtaining a B Visa. Yes its true that it may complicate your application for a B visa, but I am sure the decision to grant you a B visa will be taken by a consular officer somewhere, and not automatically disqualified.
No one in there right mind is going to go to the US on a B visa while they have a DV case pending and over stay, why on earth would someone put there case in jeopardy. I would say the fact that you have an immigration case pending is proof enough that you are going to return home, if for nothing more then to attend your interview.
When you are filing your B application you will have to make sure that you show beyond doubt that you will be returning home after what ever period. I am sure if you post on enough forums you will find some one some where who has had a B visa issued while having DV application pending.
But as to what you should do? Who knows! I am sure some one will post after me saying the exact opposite of what I have said. Unfortunately this is the torment of US immigration and visa’s