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Can Russian citizen born in Germany participate in DV lottery?

B

best&brightest

Registered Users (C)
Hey,

I'm Russian and those from Russia can not take part in DV lottery, but I was born in Germany. Can I claim "nativity" of Germany based on the place of birth?
In DV instructions it says:

"Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. “Native” ordinarily means someone born in a particular country, regardless of the individual's current country of residence or nationality. For immigration purposes “native” can also mean someone who is entitled to be “charged” to a country other than the one in which he/she was born under the provisions of Section 202(b) of the Immigration and Nationality Act."

First part sounds good: "“Native” ordinarily means someone born in a particular country, regardless of the individual's current country of residence or nationality." But then the second part is somewhat upsetting. I checked out Section 202(b) of the Immigration and Nationality Act and in item 4 it states:

"For the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that- ... (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent."

So "ordinarily" I'm fine, but not for the "immigration purposes"? Also "can also mean" sounds not definite, but more like can mean, but not necessarily.

Anyone could clarify this?

Thanks!
 
Your wrote the answer:;
Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. “Native” ordinarily means someone born in a particular country, regardless of the individual's current country of residence or nationality.

Your are born in Germany so you are eligible to apply for DV2009. If you are one of the lucky winners you need to show them German birth certificate or sth. other official!
 
My wife won the 2008 lottery, having been born in Germany, and left Germany at a few months old. Both her parents and my wife are British, but thats OK as it is the place of Birth that counts (UK is not eligible to participate).
 
I don't think I have a German birth certificate, but I have Russian, which says I was born in Germany in the city of XX. Also my place of birth is stated in my Russian passport. Is that enough?

Anybody knows the chances for those from Germany to win? I found statistics for the last year and it seems that Africa gets ~ 60%, Europe ~ 20% and that's made deliberatly based on the immigration intake from those regions over last 5 years (?). Could anybody give more detailed description of the game?
Are winners drawn from the same basket (say 50,000 out of 6.8 millions) or they are drawn from regional baskets where they draw 50,000 * 60% for Africa and 50,000 * 20% for Europe from those who applied originating from Africa or Europe? I haven't found any statistics on how many people applied from each country, region.
 
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I don't think I have a German birth certificate, but I have Russian, which says I was born in Germany in the city of XX. Also my place of birth is stated in my Russian passport. Is that enough?
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yes, that's enough. As long as it lists Germany as your birthplace - you are fine.

Anybody knows the chances for those from Germany to win?
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same as everyone else's. They could be drawn from regional basket, however, DOS doesn't describe the actual process.
 
To orlandovillas

I would like to ask to orlando villas:

Did your wife have to prove that her parents were there temporarily? In most of the cases people cannot prove it. If someone had this experience in the past, I would appreciate any comment.
Thank you
 
Did your wife have to prove that her parents were there temporarily
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There is no need to prove that, essential is the birth certificate from the country you claim eligibility for.
 
don't think I have a German birth certificate, but I have Russian, which says I was born in Germany in the city of XX
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I do not think it is enough on it's own. You will need to prove you were really born in Germany. Your birth certificate does not prove that, and your record of birth in your passport is irrelevant. For instance, if you were born at a Soviet military base in Germany (that is why you do not have German birth certificate, as you were born in the Soviet jurisdiction, out of German jurisdiction), that is fine, but needs to be proven. So, you will have to prove your parent served at a Russian military base in Germany at the moment, and that your were born at a military hospital belonging to Soviet Army. Then it makes perfect sense for you to have a Russian - issued birth certificate.
 
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Did your wife have to prove that her parents were there temporarily?
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It is irrelevant, provided you have birth certificate from the authorities of the country you were born in.
 
To Tazmania, Raevsky, LucyMo and whoever can help me

Tazmania, Raevsky, LucyMo and whoever can help me:

I'm sorry to ask again, but I couldn't understand. I need help for my bf.
He was born in an ineligible country (A). He has another citizenship which is eligible (B) and he had won DV2009 as a B citizen. His parents were born in B country but traveling back and forth to "A" and "B".
Since he is claiming alternate chargeability, does he need to prove the residence of his parents at the time he was born?

Any answer would be appreciate.
Thank you very much.
 
My guess is, he need the birth certificates of his parents if he is claiming alternate chargeability.

Dont mix country of residence, citizenship and country of birth.
 
His parents were born in B country but traveling back and forth to "A" and "B".
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In what country did they live permanently at that moment?
Were they employed?
Where was their emoloyer located?
Can you describe what they did in country A and B during their visits there?
What were their citizenships?
What are their citizenships now?
 
In what country did they live permanently at that moment?
Were they employed?
Where was their emoloyer located?
Can you describe what they did in country A and B during their visits there?
What were their citizenships?
What are their citizenships now?
Reply With Quote
 
Tazmania and Raevsky, Thank you very much for your reply.
I made a mistake, his parents were born in country A, the same ineligible country he was born.

In what country did they live permanently at that moment?
** they lived in country A (ineligible country)

Were they employed?
** just his dad

Where was their emoloyer located?
** in country A

Can you describe what they did in country A and B during their visits there?
** dealing with some immigrants people and immigrant paper work

What were their citizenships?
** his dad has A and B citizenship, his mom just A

What are their citizenships now?
** his dad has A and B citizenship and his mom has A (ineligible country) and has permanent visa for country B
 
The rules are:
provided both you and your spouse are on the selected entry, are issued visas and enter the U.S. simultaneously. Second, if you were born in a country whose natives are ineligible, but neither of your parents was born there or resided there at the time of your birth, you may claim nativity in one of your parents’ country of birth if it is a country whose natives qualify
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So I would say, no chance.
 
You were born in the same country as your parents (A). So, you could claim another country only through your spouse. Otherwise, I do not see a point in claiming country B.
 
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