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DV-2008 Born Country: INDIA

GJ05

Registered Users (C)
Hello,

My brother (his family) is living in Zimbia since 1989, however he was born in India. Can he still apply as a Zambian citizen eilgilibity wise? I understand that as an Indian born he is not eligible for DV-2008.

Thanks,

GJ
 
GJ05 said:
Hello,

My brother (his family) is living in Zimbia since 1989, however he was born in India. Can he still apply as a Zambian citizen eilgilibity wise? I understand that as an Indian born he is not eligible for DV-2008.

Thanks,

GJ

Sorry, but, probably he cannot since he is (presumably) a citizen of India.
If his wife and children who are not Indian (and Zambian), can possibly apply.

Please note that I am not a lawyer nor an expert on immigration issues.

Thank you.

-dreamer
 
I think you can

dreamscometrue said:
Sorry, but, probably he cannot since he is (presumably) a citizen of India.
If his wife and children who are not Indian (and Zambian), can possibly apply.

Please note that I am not a lawyer nor an expert on immigration issues.

Thank you.

-dreamer

Hi there,
what you said is not true. If he's a citizen of Zambia, he's allowed to apply under Zambian citizenship, even if he is also a citizen of india.
However, to be 100% sure, you should call KCC and ask them this question.
Best of luck
 
GJ05,

PLEASE read the following:

In the instructions to 2008 DV Lottery it says:

6. COUNTRY OF ELIGIBILITY OR CHARGEABILITY FOR THE DV PROGRAM - 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. If you were born in a country that is not eligible for the DV program, please review the instructions to see if there is another option for country of chargeability available for you. For additional information on chargeability, please review Frequently Asked Question #1 of these instructions.

FREQUENTLY ASKED QUESTIONS
1. WHAT DO THE TERMS “ELIGIBILITY”, "NATIVE" AND “CHARGEABILITY” MEAN? ARE THERE ANY SITUATIONS IN WHICH PERSONS WHO WERE NOT BORN IN A QUALIFYING COUNTRY MAY APPLY?
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.
For example, if you were born in a country that is not eligible for this year’s DV program, you may claim chargeability to the country where your derivative spouse was born, but you will not be issued a DV-1 unless your spouse is also eligible for and issued a DV-2, and both of you must enter the United States together with the diversity visas. In a similar manner, a minor dependent child can be “charged” to a parent’s country of birth.

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.


As you can see he CANNOT apply based on citizenship but he can claim eligibility through his wife IF she was born in an eligible country.
Of course she can enter the Lottery herself as well, if eligible.

Hope this clears all confusion, you can read the 2008 DV Instructions directly from:

http://travel.state.gov/visa/immigrants/types/types_1318.html

Barbara
 
thanks for the reply but it is not fair as far as eligibity goes. But let see what happens. I am sure there many indians around the world fine themself in the same situation.

GJ
 
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