Chargeability based on Parents' country of birth?

[Grandhipal]

Hi,
I am posting this for my friend. He is Chinese born with Canadian passport. His mom was born in Malaysia and moved to China when she was around 15. I know that Malaysia is on list of countries eligible for DV. His dad was born in China. Both his parents were living in China when he was born there. Now his parents are living in Canada.

Is my friend eligible to apply for DV visa under Malaysia quota? or is it that both of his parents should have been born in an eligible country (Malaysia for example)?

Thanks!

 

[toomackie]

Hi,　I am posting this for my friend. He is Chinese born with Canadian passport. His mom was born in Malaysia and moved to China when she was around 15. I know that Malaysia is on list of countries eligible for DV. His dad was born in China. Both his parents were living in China when he was born there. Now his parents are living in Canada. Is my friend eligible to apply for DV visa under Malaysia quota? or is it that both of his parents should have been born in an eligible country (Malaysia for example)?

Hi Grandhipal. I wonder if your friend is a DV2008 winner, or just want to know about it. The explanation is from DV-2008 instruction:

Native of a country whose natives qualify: In most cases this means the country in which you were born. However, there are two other ways you may be able to qualify. First, if you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible, you can claim your spouse’s country of birth 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 for the DV-2008 program.

It looks like he is not elibible...

 

[Grandhipal]

thanks for the quick reply toomackie Nope he is not a DV winner, just trying to find out if he is eligible to enter the lottery program,

"...or resided there at the time of your birth..." is not applicable to his case because both his parents were living in China at that time. What's confusing here is: "...but neither of your parents was born there ..." and then again they go on to say - ..."you may claim nativity in one of your parents’ country of birth ..."

In this case my friend just wants to try using his mother's country of birth. That's not possible? is that because his dad was born in China?

Thanks
<I know this a long shot...>

 

[toomackie]

Hi Grandhipal, I might have been wrong. I found another info in FAQ of DV2008 instruction.

Finally, if you were born in a country not eligible to participate in this year’s DV program, you can be “charged” to the country of birth of either of your parent as long as neither parent was a resident of the ineligible country at the time of the your birth. In general, people are not considered residents of a country in which they were not born or legally naturalized if they are only visiting the country, studying in the country temporarily, or stationed in the country for business or professional reasons on behalf of a company or government.

If you claim alternate chargeability, you must indicate such information on the E-DV electronic online entry form, question #6. Please be aware that listing an incorrect country of eligibility or chargeability (i.e. one to which you cannot establish a valid claim) may disqualify your entry.

source: http://travel.state.gov/pdf/DV_2008_Final.pdf

I'm leaning towards that he can. But, I might be wrong. Honestly, I'm a bit confused with the description...
If anyone knows the answer, please post it.

 

[Princess07]

well, there's nothing to loose I would apply & try my luck. It is a lottery after all neh?...

 

[joesoap101]

Are you allowed to claim alternate chargeability based on your parents country of birth even though the country you were born in is eligible? Although there's no point, but is it allowed?

 

[LucyMO]

I'm leaning towards that he can. But, I might be wrong. Honestly, I'm a bit confused with the description...
If anyone knows the answer, please post it.

there is nothing confusing about this: "but neither of your parents was born there ..."

The parents can be born in different eligible countries, but none of them could be born in the same ineligible country as you. Plus, you have to have PROOF that they didn't reside in the ineligible country at the time you were born there.

 

[toomackie]

there is nothing confusing about this: "but neither of your parents was born there ..."

The parents can be born in different eligible countries, but none of them could be born in the same ineligible country as you. Plus, you have to have PROOF that they didn't reside in the ineligible country at the time you were born there.

Thanks for clarification, LucyMO. I was confused because many HPs give different explanation, and even translation given by US Embassy of my country was also different. (FYI: Current US Embassy gives a correct translation, but what I found seems to be old HP of one of the US consulate.)

 

[joesoap101]

As with all forums you should take advice with a grain of salt and not as fact, and be sure to consult someone who actually knows what theyre talking about!

Here is a helpful link http://foia.state.gov/masterdocs/09FAM/0942012N.PDF

This leaflet states that you can claim alternate chargeability if neither parents was born OR had residence in the country at the time of the aliens birth. OR is the crucial word here, based on that line alone from the State Department leaflet some people on here are giving incorrect advice.

Although the forum is useful, make sure you get accurate info!

 

[toomackie]

As with all forums you should take advice with a grain of salt and not as fact, and be sure to consult someone who actually knows what theyre talking about!

Here is a helpful link http://foia.state.gov/masterdocs/09FAM/0942012N.PDF

This leaflet states that you can claim alternate chargeability if neither parents was born OR had residence in the country at the time of the aliens birth. OR is the crucial word here, based on that line alone from the State Department leaflet some people on here are giving incorrect advice.

Although the forum is useful, make sure you get accurate info!

Hi joesoap101, thank you for your comment. But, I have to agree with what LucyMO pointed out though I am not the one who asked this question. I guess the part following "or" in the quote means that "neither parents had residence in the country......" So, the condition for alternative chargiability is that both parents must not be a resident of the ineligible country where the applicant was born.

Now, the following quote is taken from DV2008 instruction FAQ:
Finally, if you were born in a country not eligible to participate in this year’s DV program, you can be “charged” to the country of birth of either of your parent as long as neither parent was a resident of the ineligible country at the time of the your birth. In general, people are not considered residents of a country in which they were not born or legally naturalized if they are only visiting the country, studying in the country temporarily, or stationed in the country for business or professional reasons on behalf of a company or government.

Since the father of original poster's friend is from China (i.e., resident in China) which is not eligible country, it doesn't satify the condition; the person cannot claim alternative chargeabiligy.