Hello Everyone
First of all thanks to all who have posted here and given everyone else much insight into this.
I'm posting my info here, hopefully it will help someone in my situation to better prepare.
I'm indian citizen with Indian passport, but born in Nigeria. I did AOS in Newark NJ office.
I did not have my original birth certificate, but just a copy of it. the original was lost some 22 years ago.
I prepare myself before the interview by getting a affadavit of birth from my parents, had 4 expired passports that show I was born in Nigera, had early schools records and also birth vaccine records from the hospital that I was born in.
You think this would qualify as enough secondry evidence of birth ..right ?
No, just because I showed the officer my copy of the BC, she said that the original must exsist.
She then asked for my Nigerian passport, I told her that the requirements of the DV do NOT ask for a person to be citizen of the country where he was born. She gave me a letter and told me that I have 15 days time to submit original birth certificate and Nigerian passport.
I flew to Nigeria the next day, and got my BC, but did not want to give up my Indian citizenship..
I got back to the US, and researched the law. I called up Attorney Murthy, one super Attonrey in NJ, who himself was a immigration officer for 20 plus years...and also the congressman.
Everything pointed to the following evidence regarding nationality of the person.
Under Section 203( c ) of the INA and 9 FAM 42.33, these are the requirements of the DV
(1) The alien must be a native of, or chargeable to a diversity country
(see 9 FAM 42.33 N4); and
(2) The alien must have at least a high school education or equivalent (see
9 FAM 42.33 N7) or
(3) The alien must have, within five years of the date of application for a diversity immigrant visa under INA 203(c), at least two years of work experience in an occupation, which requires at least two years of training, or experience. (See 9 FAM 42.33 N8.)
Native is defined as
9 FAM 42.33 N4.1 Regulatory Definition
(TL:VISA-513; 01-23-2003)
"Native" ordinarily means both someone born within a particular country, regardless of the individual's current country of residence or nationality.
"Native" can also mean someone entitled to be "charged" to a particular country under the provisions of INA 202(b).
It clearly says regardless of the individuals country of residence or nationality.
I would like to know if the IO's request for Nigerian passport is a valid requirement ?
One more thing: If you do not have the original but have the copy, then do NOT show it, just use secondary evidence instead.
Thanks
Johnny