Cross-Chargeability Question

[larioja24]

Good day,

My wife has been selected for further processing the Diversity Visa 2022, we were filling the forms DS-260 but before we submit them we wanted to clarify the following doubt:

My wife and I were born in Venezuela, but we both have Spanish nationality because our grandparents were Spanish immigrants in Venezuela., we have been living in Spain since 2018 and my wife is also pregnant right now. So, when we applied we selected Venezuela as our country of birth, but we selected Spain as our country of eligibility, we thought we chose the right option since we are living in Spain as Spanish citizens and we both have Spanish nationality.

However, after looking for more information I'm almost certain that we made a mistake by choosing Spain as the country of eligibility and that if we proceed our case will be disqualified, So I would like to know if there is any Cross-Chargeability exception that I could use for our case? I know that you can use your spouse's country of birth (Not the case) but could I use my future child's country of birth as the exception to proceed with this case?

Thanks

Jose Maria

 

[SusieQQQ]

Unfortunately you are correct in your latest assessment and the case will be disqualified. You cannot use a child’s country of birth for DV eligibility.

 

[larioja24]

Thanks for your response Susie,

Do I need to contact KCC in order to cancel our DV application? also, Can we still apply for future Diversity Visa programs?

 

[Sm1smom]

You don't need to contact KCC to cancel the DV application, you will simply not submit the DS260 form in that case. And yes, you will still be eligible to apply in the future as long as your country of birth remains an eligible country. You do not get penalized for not continuing processing a previous selection.