DV 2011 AOS Only

[reptile]

@Enviro, I see.. I assume you submitted a Libyan birth certificate but an Indian passport. What if that's what they are trying to check with KCC, i.e. as India is not a valid country of chargeability for DV (as far as i know), they are somehow trying to confirm your eligibility.

Anyways it really sucks when they give shady answers when it would take them 3 minutes to check your file...

 

[Enviro]

Yes Reptile, I have Libyan Birth Certificate and Indian Passport. For DV they consider just Country of Birth, which my lawyer has confirmed, that I am eligible for DV lottery.

CLear information or status of case is what is lacking currently from Jacksonville FO.
Thanks

@Enviro, I see.. I assume you submitted a Libyan birth certificate but an Indian passport. What if that's what they are trying to check with KCC, i.e. as India is not a valid country of chargeability for DV (as far as i know), they are somehow trying to confirm your eligibility.

Anyways it really sucks when they give shady answers when it would take them 3 minutes to check your file...

 

[reptile]

@feel: i think with 9 days, it's still a little bit early to worry. Form the spreadsheet, up to 11 days was common with a max of 22 days.. Hopefully you'll be fine and you hear from them soon.

 

[feel]

Thanks. I hope I will get it by the end of this week.

@feel: i think with 9 days, it's still a little bit early to worry. Form the spreadsheet, up to 11 days was common with a max of 22 days.. Hopefully you'll be fine and you hear from them soon.

 

[Celinita]

Yes Reptile, I have Libyan Birth Certificate and Indian Passport. For DV they consider just Country of Birth, which my lawyer has confirmed, that I am eligible for DV lottery.

CLear information or status of case is what is lacking currently from Jacksonville FO.
Thanks

@Enviro:

The country they consider for eligibility is the one you chose when you applied for the lottery, which is not necessary the country of birth. In my case, I have double Nationality (my country of birth and a second one), and for the lottery, I chose the one which is not my country of Birth.

I can confirm that India is not eligible for the lottery. Which country did you choose when you applied for the lottery? You can check this in the confirmation they sent you by email immediately after you applied to the lottery.

Good luck!

 

[reptile]

Yes Reptile, I have Libyan Birth Certificate and Indian Passport. For DV they consider just Country of Birth, which my lawyer has confirmed, that I am eligible for DV lottery.

CLear information or status of case is what is lacking currently from Jacksonville FO.
Thanks

I agree..and hope that DV officer recovers fast

Btw, a small observation: you mentioned that the FBI representative told you your fingerprints were "cleared" and not "sent". Can you confirm this? Because in my case they only told me that they were sent to the FO and that they can't tell over the phone if they're cleared or not.

Thanks

 

[baobab]

@Enviro:

The country they consider for eligibility is the one you chose when you applied for the lottery, which is not necessary the country of birth. In my case, I have double Nationality (my country of birth and a second one), and for the lottery, I chose the one which is not my country of Birth.

Sorry, but you cannot arbitrarily choose your country of citizenship.
Based on the instructions you must choose your country of birth. 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.

 

[Celinita]

@ baobab:

Hi! Agree with your comment about the spouse Nationality but disagree with the part: "you must choose your country of birth". Please see this link (http://travel.state.gov/pdf/1318-DV2012Instructions-ENGL.pdf) with the official instructions FAQs #1. :"Your country of eligibility will normally be the same as your country of birth"...so, is not a must

I can reconfirm, I am not using my country of birth as my eligibility country....Even, I'm in USA with F1 status using my second Nacionality, the same I chose for the lottery.

Have a nice day!

 

[baobab]

@ baobab:

Hi! Agree with your comment about the spouse Nationality but disagree with the part: "you must choose your country of birth". Please see this link (http://travel.state.gov/pdf/1318-DV2012Instructions-ENGL.pdf) with the official instructions FAQs #1. :"Your country of eligibility will normally be the same as your country of birth"...so, is not a must

That is where I got my quote from. The full paragraph is included below:

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 that both you and your spouse are on the selected entry, are issued visas, and enter the United States 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’ countries of birth if it is a country whose natives qualify for the DV-2012 program.

I can reconfirm, I am not using my country of birth as my eligibility country....Even, I'm in USA with F1 status using my second Nacionality, the same I chose for the lottery.

Have a nice day!

Is it your spouse's country of birth?
You cannot choose your country of citizenship if you were not born there and your spouse was not born there.
In fact, based on the quote above, you can choose your spouse's country of birth or your parents country of birth if your country of birth is not eligible.

Second, it has nothing to do with what country's passport you have now. F1 visa does not have eligibility restrictions based on your country of birth.

 

[Celinita]

@ baobab:

I've sent you a private message explaining you that of course is possible choose your country of citizenship if you were not born there and your spouse was not born there.

If you need further info. I'll be glad to explain you!
Take care,

 

[baobab]

@Celinita, I did not receive any PM from you. I am curious to see your explanation, and if you cannot post it in this thread, then please try to send the PM again. I hope you saved a copy of it. Make sure that you send it to baobab with all small letters.

 

[Celinita]

Should be in your inbox now, let me know once you receive it!

 

[NuvF]

@Enviro:

The country they consider for eligibility is the one you chose when you applied for the lottery, which is not necessary the country of birth. In my case, I have double Nationality (my country of birth and a second one), and for the lottery, I chose the one which is not my country of Birth.

This assertion is WRONG !

If your country of birth is eligible, you HAVE TO use it.

If you selected another country by mistake and if that country is in the same region (ex. both AF) then the CO/IO is given the 'discretion' to forgive the mistake and correct it appropriately at the intvw. BUT if the 2 regions are different then the case is automatically rejected. (ex. birth is AF but used EU)

There was a similar CP case last year (AF vs EU), a 'big' family, and the case was rejected.
The mistake has cost the applicant a whopping ~$10k!! (app. fee, medicals etc)

Best !

PS: Read this full thread
http://forums.immigration.com/showthread.php?313716-Chargeability-please-need-help-asap

The OP was saved 'cos s/he cared to chk before going ahead, but not 'studio'.

PS2:
http://www.state.gov/documents/organization/87838.pdf

Read pp 3-4

 

[WGeneral]

I am in the same situation as Celinita. F1 with my second nationality.

I understood the risk and after consulting with a lawyer who told me that I will be fine even after I told her about my "mistake," I decided to take a gamble (of about $1500). Either the lawyer knew what she was talking about or she just didn't know DV cases well enough. I chose to trust her.

Since I am here for my doctoral and my I-20 lasts until 2014, I figured that the worst thing that can happen is my AOS get rejected and I cannot go home until I get an H1B (because I won't have F1 visa and once I leave I cannot come back to complete my degree)

Celinita: I am curious to see what your "explanation." Could you also send it to me by PM? Thanks.

 

[NuvF]

I am in the same situation as Celinita..........

Yes it is risky per this doc (I bet you are AS or AF but went as OC)
http://www.state.gov/documents/organization/87838.pdf

All you can do now is wait for the decision AND SAVE YOUR STATUS QUO of F1.

DO NOT use the EAD or AP. Ask your lawyer the risks, hope she knows.

If you do and if the i-485 fail, it is easy for them to serve you with removal proceedings.
Even with status quo it is still a possibility if the IO follow the CORRECT procedures. Hope you knew ALL the risks you were taking.

Best!

 

[WGeneral]

Yeah I was not planning on using them anyway. My lawyer told me to maintain my status as a full time student while I wait at all costs - which I have.

You are right because I would've have been AS - but it was kind of the natural thing to do for me as OC has been the identity I identify with the most since a long time ago. I have filled out countless forms containing "Born in" and "Nationality/etc" and this have been how I fill them out...

Thanks for the information. Hopefully it works out.

Yes it is risky per this doc (I bet you are AS or AF but went as OC)

All you can do now is wait for the decision AND SAVE YOUR STATUS QUO of F1.

DO NOT use the EAD or AP. Ask your lawyer the risks, hope she knows.

If you do and if the i-485 fail, it is easy for them to serve you with removal proceedings.
Even with status quo it is still a possibility if the IO follow the CORRECT procedures. Hope you knew ALL the risks you were taking.

Best!

 

[Celinita]

Thank you guys for your concern and help about my case.
I have asked to the Embassy of my second Nationality (the same I won the lottery), and now, they are going to issue a Birth Certificate which clarifies I'm not naturalized in this counrty...I were born in this country, and at the same time mentions I was born in my birth country. I know is not easy to understand but it is completely legal.
They said: "you are -country eligible in my lottery case- born, regardless the country where you were specifically born"

At the same time, the University where I'm studying is providing an Immigration Lawyer who is advising regarding when is the moment to show the birth certificate: if wait until the interview, or send it now as a complement of my AOS application.

Finally, my case is like candidate to President McCain, which was born in Panama, by considered born in US, because his father was american, and therefore he could apply for President of the US. If he was a naturalized he couldn't do it.

@ Wgeneral: all the best for you, and please consider the fact to ask for birth certificate issued by the country you applied as eligible.

I'll keep you all update about my process.

 

[sharminlee]

I am not able to see my USCIS case status. When I enter the receipt number, the message shows "Your case can not be found at this time in My Case Status. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1.800.375.5283".

Anyone faced this problem? What should I do in this case?

 

[NuvF]

Thank you guys for your concern and help about my case.
I have asked to the Embassy of my second Nationality (the same I won the lottery), and now, they are going to issue a Birth Certificate which clarifies I'm not naturalized in this counrty...I were born in this country, and at the same time mentions I was born in my birth country. .......

Hmm, very interesting !

Irrespective of what your 'country' embassy say you may want to take a good hard look at how you reconcile with the US DoS requirements here ;

For DV-2012, natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the United States in the previous five years:
BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, PHILIPPINES, POLAND, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM.
Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

And most importantly (with a lawyer) the US-INA interpretation of the following;

9 FAM 42.33 N4 NATIVE
9 FAM 42.33 N4.1 Regulatory Definition
(CT:VISA-1478; 08-26-2010)
“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) (8 U.S.C. 1152(b))

A quick look at your EU claim tells me you were seems to born in Poland but now claiming birth right Russian citizenship. (or similarly, Vietnam, now French citizen)
Its a tough call.
My gut feeling say the INA 'Nativity' is more specific and narrow. so BEWARE !

In any case, MORE IMPORTANTLY ......do you want the USCIS I/O s here in US to call your 'complicated' situation??
I'd rather go home do CP with the US embassy, who may be more specifically know how to 'call' the situation.

BUT, as you said..... if you were like John Mc, born in a military base (or outside) in a foreign land to a military parent/s, then you should be alright without a Q. But pl dbl chk !

Best !

 

[sob]

I am not able to see my USCIS case status. When I enter the receipt number, the message shows "Your case can not be found at this time in My Case Status. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1.800.375.5283".

Anyone faced this problem? What should I do in this case?

Yes. See my previous post.