DV application - reason to deny future nonimmigrant VISA?

[mrtnschulz]

hi. i'm internet entrepreneur (not so bad - but still not so good/rich to get investor visa) and finishing college. i would like to move to USA sometime (as soon as possible) - i dont need a job there.

so... how? i was thinking about DV-2010, but some ppl said to me that if i do DV application and not win it could be problem for me to get nonimmigrant (tourist) visa in the future (and this could be very tough for me because i truly love san francisco, california and NY of course... awww)...

its very logical and smart you know - build up GC lottery to get worldwide database of people who have immigration intentions and then deny their possible tourist (nonimmigration) VISA in the future - great filter to future illegal workers on tourist VISA i think

i was googling answer to this question and this forum too - no success (probably my fault).

im from czech republic (central europe - chances in lottery isnt so bad but still... very risky in that case)... so its true or not? i need to be sure...

thanks very much for every response ...and sorry for the pointlessly long message and my english X-)

 

[raevsky]

Two answers from lawyers.
One - about the point of view of the law, with all possibilities.

http://www.wolfsdorf.com/DVarticles/DV 2004 Update.pdf

When requesting benefits on Form DS-156, The Nonimmigrant Visa Application, the form asks: “Has anyone ever filed an immigrant visa petition on your behalf?” The DOS has determined that for lottery applicants, the correct answer to this question is “yes.”61
Failure to review the Form DS-156 carefully may have serious consequences for the unwary applicant and the uninformed practitioner. Although the question should not affect H and L applicants due to the doctrine of dual intent, as well as O and E applicants, a perceived desire to reside permanently in the United States may result in the refusal of issuance of the visa for B-1/B-2, H-3 and J-1 applicants.62
According to H. Edward Odom’s directive, “the fact that an alien has registered for the visa lottery may be taken into account (just as any other fact may be) by a consular officer when adjudicating a subsequent non-immigrant visa application. However, the Visa Office is of the opinion that the fact of registration, by itself, would not ordinarily be sufficient cause for visa denial and certainly is not an automatic bar to receipt of a subsequent non-immigrant visa(s).”63 Also, although a lottery applicant is not automatically barred from issuance of a nonimmigrant visa where INA § 214(b) applies, nor automatically prohibited from changing status to such a nonimmigrant visa or status, the willful misrepresentation of this fact before a Consular Officer or Immigration official, if combined with other factors so that it becomes material, could be grounds for refusal of a visa.
In a typical nonimmigrant visa application, a consular officer may give little or no weight to a lottery application, whereas an approved Form I-140, or Form I-130 immigrant petition may lend stricter scrutiny to the question of nonimmigrant intent. If, however, the applicant has been registered as a “winner” by the State Department, this will demonstrate a higher degree of immigrant intent and foreclose many nonimmigrant visa options.
This issue also arises when applying for a change of status or extension of stay in a visa category where nonimmigrant intent is an issue. Form I-539, Application to Extend/Change Nonimmigrant Status at Part 4(a) and (b) requests the following information: (a) Are you or any other person included in this application, an applicant for an immigrant visa? (b) Has an immigrant petition ever been filed for you, or for any other person included in this application? The immigration practitioner should keep in mind that an F-1 student may file a number of these applications throughout a long academic history if he/she changes from an English as a second language program to a bachelor degree program to a graduate school program and finally to a practical training program.
Diversity visa participants should also be aware that the DOS no longer shreds unused and/or unselected diversity lottery applications. On September 12, 2002, Representative George Gekas, Chairman of the House Judiciary Committee’s Subcommittee on Immigration, Border Security and Claims, announced that upon his suggestion, the ten to thirteen million diversity visa applications will be shared with U.S. law enforcement and intelligence agencies.64 The diversity visa program, which had once given hope to vast hordes of wishful immigrants both in the United States and abroad, may now become a security trap. Having the name, date and country of birth and address of the ten to thirteen million applicants would hardly appear useful to intelligence agencies, but may be useful to an agency searching for current addresses of the several hundred thousand people ordered removed or who have overstayed their visas. After fifteen years of visa lotteries, the present government’s attitude towards immigrants has made it necessary to recommend caution to persons entering the diversity visa lottery who may be out of status or otherwise removable.

Another one - current practice.

http://www.visalaw.com/greencard.html

Will applying for the lottery affect one's ability to receive a nonimmigrant visa?

Probably not. Technically, filing a visa lottery application is equivalent to filing an immigrant petition. According to a source at the Department of State, a consulate will only be notified IF the person is selected in the lottery. An individual who is not chosen is on his honor to state that he/she applied for the lottery. Theoretically, if your name is selected in the lottery, you may have trouble renewing nonimmigrant status while waiting for your name to be cleared for processing (see discussion on the post-selection process for securing a green card). This should only be a temporary problem since permanent residency should eventually be awarded. There is still a risk that you will fail to be deemed eligible for the DV-2007 visa or the Department of State will have overestimated the number of individuals to select in the lottery (see discussion on how the selection process works). However, of all the lawyers with whom I have spoken, none have ever reported a problem with a client having entered the lottery. We have instructed our clients to answer the question on the DS-156 concerning previous immigrant visa applications as follows: "My lawyer entered me in the DV-2007 lottery." We have never had a problem reported and I have yet to hear of anyone denied a visa because of a previous lottery application.

 

[mrtnschulz]

Thanks!