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DV 2014 Winner with Dual Citizenship, Both countries eligible, Wrong elegibility?

P

Peter Roth

Registered Users (C)
I was born in Spain, then move to Venezuela when I was 6 months old, my parents are Venezuelans by birth, therefore I am an Spanish citizen by birth and a Venezuelan citizen by naturalization (because both parents are Venezuelans), I am also married to a Venezuelan, I participated in the Dv 2014 using Venezuela as my elegibility country, Spain and Venezuela are both eligible countries. Will I be dissqualified at the interview for not using Spain as my elegibility country? Is there any way to manage this? Thanks in advance
 
The DV instructions say this

"To enter the DV program, you must be a native of one of the listed countries. See List Of Countries
By Region Whose Natives Qualify.
Native of a qualifying country: 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-2014 program."

As I am reading it you could only claim a chargeability country other than your own country (Spain) IF your own country was ineligible. So, your entry should have been under Spain - and I think you will be disqualified. However, someone else here may have a different point of view and I would personally want to check that with KCC or with a lawyer. Lo siento.
 
Just as a further point, your case does seem "reasonable" that you would "consider yourself" Venezuelan, so if your parents were there temporarily and you were almost "accvidentally" Spanish by birth, that could possible explain your "confusion" in the lottery entry. However, you should have been within the European group (with an EU number) and actually you presumably have a SA number. I'm not sure they will switch that...

Good luck with this.
 
Peter Roth said:
I was born in Spain, then move to Venezuela when I was 6 months old, my parents are Venezuelans by birth, therefore I am an Spanish citizen by birth and a Venezuelan citizen by naturalization (because both parents are Venezuelans), I am also married to a Venezuelan, I participated in the Dv 2014 using Venezuela as my elegibility country, Spain and Venezuela are both eligible countries. Will I be dissqualified at the interview for not using Spain as my elegibility country? Is there any way to manage this? Thanks in advance
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Deja Vu?
What happened to your DV12 case? did you win again w/same 'mistake'??!!

You got the answers earlier to this issue, I think. (or, have you turned around the table now?, I m confused...you just trolling?)

http://forums.immigration.com/showt...al-Eligible-Citizenship&p=2351690#post2351690

Peter Roth said:
I applied to the Dv-2012 Lottery with Spain as the eligible country, since my father was born there and since I hold an Spanish passport. I won the lottery but now I am concerned since I also hold a Venezuelan Passport because I was born in Venezuela. Both countries are eligible for the DV Lottery. Will this situation disqualify me during the interview process to get my inmigrant visa?
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Best!
 
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britsimon said:
What the hell?
Click to expand...

I know it is disappointing isn't it? when you answer someone genuinely and only to find out out it 'may' be a troll!!

We 'old timers' here usually keep an eye on the 'unusual' type of Q s, and this one was one of them which struck from past.
I am thinking now that he may have been a troll all along!!

In any case, before you get into any lengthy 'advise' to any forumite's Q, just click on their name and go to 'forum posts' and chk their history, lest they try take you on a ride!

Best!
 
NuvF said:
I know it is disappointing isn't it? when you answer someone genuinely and only to find out out it 'may' be a troll!!

We 'old timers' here usually keep an eye on the 'unusual' type of Q s, and this one was one of them which struck from past.
I am thinking now that he may have been a troll all along!!

In any case, before you get into any lengthy 'advise' to any forumite's Q, just click on their name and go to 'forum posts' and chk their history, lest they try take you on a ride!

Best!
Click to expand...


Yeah understood. I don't get how that is fun for them - but some people must have very quiet lives....
 
NuvF said:
In any case, before you get into any lengthy 'advise' to any forumite's Q, just click on their name and go to 'forum posts' and chk their history, lest they try take you on a ride!
Click to expand...
+1.

And by the way, he is Venezuelan by descent, not by naturalization, so he would be OK if he were real.
 
aos13 said:
+1.

And by the way, he is Venezuelan by descent, not by naturalization, so he would be OK if he were real.
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Do you mean the fact that he (supposedly) is Spanish (an eligible country) can be ignored and he could choose either country for chargeability?
 
britsimon said:
Do you mean the fact that he (supposedly) is Spanish (an eligible country) can be ignored and he could choose either country for chargeability?
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Yes, I think so. Because he (the fictional character :rolleyes:) is supposedly dual citizen by birth. So he could choose either country during the entry. But I don't think you get Spanish citizenship just for being born there. So his story does not add up one way or another. :D
 
aos13 is correct. Unless the child does not have a nationality otherwise, Spanish citizenship is determined "by blood not land" - need a Spanish parent, place of birth does not confer it.
 
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OK but for the DV process they are referring to the country where you are born, not the country of citizenship (especially since citizenship can be changed). Does the "native" thing not matter as the DV instructions seem to suggest?
 
That's an interesting point. The DV instructions refer to a "native" of the country ...but they don't seem to give a definition for that term.

Edit: britsimon appears to be right. DoS definition: “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)).
 
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Anyway here is the official line on choosing the wrong country:

If the entrant chooses the wrong country of chargeability at the time of the initial entry, the error will generally be disqualifying. However, if a DV applicant chooses a country of chargeability during DV registration that is within the same geographic region (one of the six) as the correct country of chargeability, and you determine that the applicant gained no benefit from his or her error, you may continue processing the application.
 
I think their definition of native is given in my first post in this thread. Susieqqq your lates clarification seems to confirm our mystery troll would be disqualified...
 
Clarification: I am not a troll
I am the writter (not a lawyer) of the biggest free help blog for Dv winners in Latin America, being myself a lottery winner years ago and today a LPR , unfortunatelly there is not much spanish information on this subject, therefore I do free consulting to my readers and act as a liason when they dont speak/understand English, posting for them questions like this one.
In regards to Dv2012 post, that family went to the interview in Caracas , even hired a lawyer but the decision was firm for the consular officer, they were discualified after paying consular fees, etc.
This new case posted yersterday is from another family, oppposite situation, born in Spain, but participated using Venezuela as elegibility country, both parents are Venezuelans, only lived in Spain for a short while after being born, they are desperate to find out if they will be discualified or not.. My impresion according to DV instructions is that tehy will, but I just wanted to get a second opinion to suggest this family what they could do..
Want to verify my story? Just google Peter roth DV lottery
Thanks again and sorry about this misunderstanding.."looks can be deceiving"
 
Well Peter, it would be better to represent your questions as being about a third party to avoid the obvious assumptions (once previous posts are found).

As you can see above, there is some hope in the difference of opinion above, but I still believe they will be DQ. The family will have benefited in terms of chance of selection by the incorrect chargeability country, and therefore will be disqualified.
 
Peter, the information about the 2012 case is really all you needed - and you had that. The 2012 case was disqualified, based I assume, on country of birth, so you, more than most people, were in a position to answer this question yourself. Was there a nuance that made you ask the question again?
 
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