DV lottery eligibility
- Thread starter Stew
- Start date
Sm1smom
Super Moderator
2. Can I still apply if I was not born in a qualifying country?
There are two circumstances in which you still might be eligible to apply. First, if your derivative spouse was born in an eligible country, you may claim chargeability to that country. As your eligibility is based on your spouse, you will only be issued an immigrant visa if your spouse is also eligible for and issued an immigrant visa. Both of you must enter the United States together, using your DVs. Similarly, your minor dependent child can be “charged” to a parent’s country of birth.
Second, you can be “charged” to the country of birth of either of your parents as long as neither of your parents was born in or a resident of your country of birth at the time of your birth. People are not generally considered residents of a country in which they were not born or legally naturalized. For example, persons simply visiting, studying, or temporarily working in a country are not generally considered residents.
If you claim alternate chargeability through either of the above, you must provide an explanation on the E-DV Entry Form, in question #6.
Listing an incorrect country of eligibility or chargeability (i.e., one to which you cannot establish a valid claim) will make you ineligible for a DV.
SOURCE: FAQ - DV 2024 Instructions
There are two circumstances in which you still might be eligible to apply. First, if your derivative spouse was born in an eligible country, you may claim chargeability to that country. As your eligibility is based on your spouse, you will only be issued an immigrant visa if your spouse is also eligible for and issued an immigrant visa. Both of you must enter the United States together, using your DVs. Similarly, your minor dependent child can be “charged” to a parent’s country of birth.
Second, you can be “charged” to the country of birth of either of your parents as long as neither of your parents was born in or a resident of your country of birth at the time of your birth. People are not generally considered residents of a country in which they were not born or legally naturalized. For example, persons simply visiting, studying, or temporarily working in a country are not generally considered residents.
If you claim alternate chargeability through either of the above, you must provide an explanation on the E-DV Entry Form, in question #6.
Listing an incorrect country of eligibility or chargeability (i.e., one to which you cannot establish a valid claim) will make you ineligible for a DV.
SOURCE: FAQ - DV 2024 Instructions