DV Lottery and entry denial

[Qewty]

Hi

Just a quick question, well, I will try to be quick

As an Australian citizen, I have applied for DV13. My husband is Canadian, but we only put in one entry so I am the primary applicant.

My question is about denial of entry to the US and its ramifications for the lottery.

As a Canadian working in the US for many years before moving to Australia with me, during the past 10 years my husband was twice denied entry (he was applying for new TN visa's to work in the States at the time) at the border due to incorrect documentation. He got the right documentation on both occasions and was ultimately issued with his TN. On one of those occassions I was with him visiting on a waiver visa, and so I was also denied entry, however I was simply given my passport back and no documentation was given to me or notes put into my passport. My husband was of course given paperwork (we were not married then). I think they were just concerned with him, not me, but as we were travelling together, I didn't cross from Canada into the States without him. I did cross over later.

So, with regard to the DV lottery, will this cause any issues? Know that I have never overstayed, nor has he, and we have never been removed etc. We have always done the correct thing with regards to visa's etc. We have had multiple secondary interviews, but have always ultimately entered the US without issue.

I just want to be sure that it is ok.

Many thanks


Q

 

[nybound]

A Non Immigrant Visa denial should have no impact on the Immigrant Visa application, unless you have been Out of Status (As USCIS calls overstaying). As long as you both have always departed from the US prior to the date on your I-94 or I-94W, you don't have any issues.

Secondly, your husband can also enter DV as a primary applicant by claiming your country of birth (AUS) as his country of eligibility, even though Canada is not eligible. This will double your chances of getting selected. As per the 1st Question under the FAQ in the DV2013 instructions:


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
immigrant visa unless your spouse is also eligible for and issued a DV-2 visa, and both of you must enter the
United States together with the DVs. In a similar manner, a minor dependent child can be ―charged‖ to a
parent’s country of birth.

 

[Qewty]

Hi NYBOUND

Thank you so much for answering, that makes me feel a little better. I know he could have applied too, but we decided just to put in one entry first time around. I know the numbers are low for Australians to get a visa but we still have optimism. Are you an applicant? Nice to see a Kiwi on here


Cheers

 

[slash_dot]

It sounds like irrespective of the denials you received, you ultimately acquired your entry visas and stuck to the conditions attached to them. You didn't overstay, and didn't breach any other immigration laws.

You'll be fine.

 

[bentlebee]

DV lottery

Hi

Just a quick question, well, I will try to be quick

As an Australian citizen, I have applied for DV13. My husband is Canadian, but we only put in one entry so I am the primary applicant.

My question is about denial of entry to the US and its ramifications for the lottery.

As a Canadian working in the US for many years before moving to Australia with me, during the past 10 years my husband was twice denied entry (he was applying for new TN visa's to work in the States at the time) at the border due to incorrect documentation. He got the right documentation on both occasions and was ultimately issued with his TN. On one of those occassions I was with him visiting on a waiver visa, and so I was also denied entry, however I was simply given my passport back and no documentation was given to me or notes put into my passport. My husband was of course given paperwork (we were not married then). I think they were just concerned with him, not me, but as we were travelling together, I didn't cross from Canada into the States without him. I did cross over later.

So, with regard to the DV lottery, will this cause any issues? Know that I have never overstayed, nor has he, and we have never been removed etc. We have always done the correct thing with regards to visa's etc. We have had multiple secondary interviews, but have always ultimately entered the US without issue.

I just want to be sure that it is ok.

Many thanks


Q

You will not find out until you win and move forward in the process since there might be a note in the computer for you and/or your spouse and nobody will tell you until they have you sit down for the interview. Border control will make notes specially when they deny people..

I wish I could tell you anything else, but this is the truth, which doesn't mean you will be denied, but nobody can guarantee you that you won't have any issues...

 

[Qewty]

We have no doubt we were 'flagged' in the system that day at the border, which is why we had secondary interviews in every subsequent border crossing. We both applied for 'DHS trip redress", and as we now live in Australia and have done so for more than 2 years now without any trips to the US, hopefully all will be well.

I will remain positive, as it wasn't an overstay etc, and was not to do with immigrant intent etc.

Warm wishes from Australia.

Q

 

[slash_dot]

I will remain positive, as it wasn't an overstay etc, and was not to do with immigrant intent etc.

I would too. If you look at Form DS-0230 Part II, question 42 asks the applicant (DV "winner")

42. Have you ever been refused admission to the United States at a port-of-entry? (If answer is Yes, please explain)

There is a smallish box that allows a brief explanation. I suppose as long as you fill it in honestly, it shouldn't be a problem for the reasons you stated. Perhaps prepare what you'd put in if you win?

Good luck.

 

[Schoolboy]

@Arekee is Back

@Arekee is Back

Good morning house,it is me @Arekee,I on't know why i got banned?but maybe it something against the rules of this thread.Well it is nice to be back to this wonderful forum.I really missed this forum for some short while?

 

[raevsky]

due to incorrect documentation

What was the formal reason for denial?
What exactly was wrong with documentation?
Has he ever been in the US on other visas?

but we only put in one entry so I am the primary applicant

Why was it only one entry?

I know the numbers are low for Australians to get a visa but we still have optimism

Right on the contrary, the odds are the highest for Oceania, much higher than for any other region.

I was with him visiting on a waiver visa, and so I was also denied entry, however I was simply given my passport back and no documentation was given to me or notes put into my passport

Did they say anything at that moment?

 

[Schoolboy]

@Qewty,i personally dnt knw where 2 com in,in dis issue of urs,but it seems complicate 4 one 2 categorically comment,but all dis same it is an immigration issue here we re talkin abt.I still bliev dat there's a way out of dis issue?

 

[Schoolboy]

@Qewty,going thru all d posts/commenst concernin ur issue,i still wud go wt @nybound n @bentlebee ideas.Think its best suit 4 u.

 

[Qewty]

What was the formal reason for denial

When you don't have all the documentation required, they state that you 'dont meet the criteria' for the TN visa.

What exactly was wrong with documentation?

One piece was missing.

Has he ever been in the US on other visas?

Only on TN.

Why was it only one entry?

Personal choice.

Right on the contrary, the odds are the highest for Oceania, much higher than for any other region.

After I wrote that comment, I started researching the statistics from the past couple of years and you are indeed right about that

Did they say anything at that moment?

Not really, the officer said he thought I was lying about not wishing to overstay. He then moved on to my partner and simply gave me back my passport. He knew that with my partner denied, I wouldn't be likely to travel though.

Warm wishes

Q

 

[Qewty]

@Arekee is Back

Good morning house,it is me @Arekee,I on't know why i got banned?but maybe it something against the rules of this thread.Well it is nice to be back to this wonderful forum.I really missed this forum for some short while?

Welcome back Arekee

Q

 

[Schoolboy]

@Qewty,thank u.Its nice to be back on this forum.

 

[raevsky]

Not really, the officer said he thought I was lying about not wishing to overstay. He then moved on to my partner and simply gave me back my passport. He knew that with my partner denied, I wouldn't be likely to travel though.

It looks like your partner wanted to stay longer that 90 days, but you wanted to stay as long as your partner.

So, with regard to the DV lottery, will this cause any issues?

Probably not for you - he did not enter his finding into the system. For your partner - that depends on what was missing.

 

[Schoolboy]

I think this issue has to do with not being honest/sincere here,maybe @Qewty partner wasn't honest with the office which i personally think must have happened or something else that might have happened there cos we were not there.@Raevsky like you said maybe qewty partner wanted to stay more than 90 days which might be believeable in the real sence of this issue.Guess that might have caused visa denied?@Qewty pls do not get upset by this post,never meant anything to your partner okay?

 

[Qewty]

I think this issue has to do with not being honest/sincere here,maybe @Qewty partner wasn't honest with the office which i personally think must have happened or something else that might have happened there cos we were not there.@Raevsky like you said maybe qewty partner wanted to stay more than 90 days which might be believeable in the real sence of this issue.Guess that might have caused visa denied?@Qewty pls do not get upset by this post,never meant anything to your partner okay?

Hi guys,

You have misunderstood. My partner was applying for a TN visa, which lasts for 3 years. Canadian must have them to work in the US. He has had many of them. If you do not have all the paperwork required, you are denied and you must return with the correct paperwork. This is what he did, and got his visa no problems. I was visiting the US on a visitors visa at that time. As I said previously, this happened twice over about 10 years. It is, sadly to say, common for TN's to be denied due to incorrect papwork but if you do what is asked the next time, you usually succeed. He has always lived and worked in the US with the correct visa, and for the correct time.

And no, I am not upset. This is a very helpful forum.

I think now though I have enough answers to feel that it will be ok.

Q

 

[raevsky]

So, you were not on visa waiver, you had a visitor's visa? I think the last time you said you were trying to enter on visa waiver. Do you understand the difference?

 

[Qewty]

So, you were not on visa waiver, you had a visitor's visa? I think the last time you said you were trying to enter on visa waiver. Do you understand the difference?

Yes, I know the difference - very very well. Yes, I was on a visa waiver, I was just writing my reply quickly and was wrapping up the thread from my end. Just fyi, my next visa was a visitors visa, and the next a TD.


Q

 

[Schoolboy]

@Qewty,i personally thought u were on a visa waiver too?never knew u had a visitor visa to the US?well its all good.