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

[NuvF]

Peter, being a blogger you should have known better that 'honesty is the best policy' and that you should NOT 'misrepresent' yourself!

I will give you the benefit of the doubt.

If you followed the rules correctly you would know that this case WILL BE OK.

Per INA rules he CAN claim ANY OF his own, his spouse's or one of the parents' nativity. In this current case he is in a better position not to claim via parents' (higher bar of proof ) but hold on to the fact that he claimed spouse's. (He will still be the main applicant for DV yet wife HAS to be otherwise qualified for an imm. visa for him to get one, and wife MUST accompany him at PoE)

INA rules of chargeability are common to ALL the GC categories. The difference in DV is that you must claim the chargeability at eDV stage with a correct basis (wrt own birth or spouse's or parents') and you cannot change it later without (in general, but exceptions apply) being disqualified.

See here those general rules of chargeability; http://www.state.gov/documents/organization/87525.pdf

Follow these rules closely and understand them (read the advise/links in that DV 12 discussion too), so you do not have to comeback each time.

Best!

 

[Britsimon]

OK Nuvf, you seem to be saying in this post (and the one in 2012) that the rules covering the DV lottery cannot be different. However, the DV instructions seem clear about applying in your native country (and they specify that as being where you were born) UNLESS your native country is ineligible.

So that seems at odds with your position. The 2012 case was disqualified. Peter Roth hasn't yet said whether that was over the country confusion, but that seems to be intimated. So I guess we will only know if and when this case goes forward and if Peter Roth updates us here. Is it possible the local CP officer got it wrong in 2012 and it is down to individual interpretation?

 

[NuvF]

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?

In that case the applicant had an ADVANTAGE claiming Spain (EU) due to higher odds of winning than in SA.
But then he seems to have had only parent's route as basis not the spouse's. (like in this current case), then the burden of proof is very high and may have led to disqualification. In this current case infact the app. went on to claim a low odd region and still won!

Best!

 

[Britsimon]

In that case the applicant had an ADVANTAGE claiming Spain (EU) due to higher odds of winning than in SA.
But then he seems to have had only parent's route as basis not the spouse's. (like in this current case), then the burden of proof is very high and may have led to disqualification. In this current case infact the app. went on to claim a low odd region and still won!

Best!

OK thanks for the clarification. I'm still hung up on both countries being eligible, but I have read elsewhere about cross charging "at will" so perhaps you're correct.

Cheers.

 

[NuvF]

OK Nuvf, you seem to be saying in this post (and the one in 2012) that the rules covering the DV lottery cannot be different......................

Yes it is common, by law it cannot have special rules for a CORRECT basis.

For an instance take the scenario;
A born in X married to wife B born Y.
A apply to EB2 when i-140 date got current with chargeability to X.
Within a month X numbers got retrogressed badly. A can now ask to change his chrgeabilty to Y and get GC s to the family sooner.
One can tweak the CORRECT basis (cross chargeability) for your benefit one way or other!

DV special rules come into play mostly for those who confuse nationality Vs nativity. To me the DV instruction 'narrative' seems mainly aimed at those who are born in countries ineligible to apply for eDV.

Best!

 

[Peter Roth]

Thanks guys, I will confirm if this family applied correctly when filling in DS-5501 and claiming eligibility using the spouse country of birth. By the way, are you aware you don’t need any more your confirmation number to verify if you were selected on the DV?

 

[Britsimon]

Yes it is common, by law it cannot have special rules for a CORRECT basis.

For an instance take the scenario;
A born in X married to wife B born Y.
A apply to EB2 when i-140 date got current with chargeability to X.
Within a month X numbers got retrogressed badly. A can now ask to change his chrgeabilty to Y and get GC s to the family sooner.
One can tweak the CORRECT basis (cross chargeability) for your benefit one way or other!

DV special rules come into play mostly for those who confuse nationality Vs nativity. To me the DV instruction 'narrative' seems mainly aimed at those who are born in countries ineligible to apply for eDV.

Best!

OK - yes I see what you are saying - it makes sense.