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F1 and green card lottery

K

KarimYehia

Registered Users (C)
Hi all,
If someone wins the lottery, went on the CP application process, got an interview and was rejected in the interview for whatever reason.
Can this guy later apply for an F1 student visa? or will the embassy somehow know that he had once an immigration intent? provided that you mustnt have any immigration intent when applying for an F1 visa.
Thanks
 
You can apply F1, but whether F1 is approved or not is another story.
They may see you have an immigration intent due to the fact that you took interview, or they may deny F1 for the same reason they denied your immigrant visa...
There are so many factors involved, so you never know til you try.

You have to disclose the fact that you had interviews in DS-156.
 
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KarimYehia said:
Hi all,
If someone wins the lottery, went on the CP application process, got an interview and was rejected in the interview for whatever reason.
Can this guy later apply for an F1 student visa? or will the embassy somehow know that he had once an immigration intent? provided that you mustnt have any immigration intent when applying for an F1 visa.
Thanks
Click to expand...

This question has been answered repeatedly in this forum.
When you present your passport with an attached F-1 visa during the interview, first they cancel that visa b4 they interview you for an immigrant visa (GC), legally speaking you are not supposed top get your F1 back if you're denied GC. ( immigration intent).
However when I recently called my local consular office asking the same question the lady at the other end ( consular officer) answered, " if you are a continuing student then you will be allowed to go back and finish your studies". I'm assuming this is when your records are clean while you were here in the USA.
Not sure whether this is practical.
 
"provided that you mustn't have any immigration intent when applying for an F1 visa".

Think that is the reason behind as to why they may give one back the F-1 visa
 
hmmm I will make the situation clearer, I think F1 winner is speaking about adjustment of status but I am speaking of a person who hasnt been in USA before. I am now studying my Masters in my university in Egypt, and I intend to apply for an F1 visa later to get my PhD and honestly, I do have an immigration intent so at the same time I am applying for the green card lottery. My question now is if I win the lottery but got rejected in the interview. from this point, can I apply later for F1 visa or they will know that I applied earlier for an immigration visa (and so I have an immigration intent)and consequently they will never issue an f1 visa to me?
is it easier for me to follow the F1-H1-green card route as I will have a phd in engineering or is it better to try my luck with the lottery?
 
KarimYehia said:
they will know that I applied earlier for an immigration visa (and so I have an immigration intent)and consequently they will never issue an f1 visa to me?
Click to expand...
Are you reading the reply ? I said you MUST disclose it in DS-156.
Whether they give you F1 or not is totally up to consulate and we cannot answer.
 
KarimYehia said:
hmmm I will make the situation clearer, I think F1 winner is speaking about adjustment of status but I am speaking of a person who hasnt been in USA before. I am now studying my Masters in my university in Egypt, and I intend to apply for an F1 visa later to get my PhD and honestly, I do have an immigration intent so at the same time I am applying for the green card lottery. My question now is if I win the lottery but got rejected in the interview. from this point, can I apply later for F1 visa or they will know that I applied earlier for an immigration visa (and so I have an immigration intent)and consequently they will never issue an f1 visa to me?
is it easier for me to follow the F1-H1-green card route as I will have a phd in engineering or is it better to try my luck with the lottery?
Click to expand...

Then chances of denial are very high and if you don't have strong social and economic ties to yr home country the chances even double.
 
So what if I didnt even reach the interview stage in the lottery, sometimes you get the first NL, send back the forms but never get back a 2nd NL due to green card limits.
If this is the case, will it still affect my F1 application? if yes, then this means that a green card winner who hasnt been lucky enough to be one of the final 50000 will never be able to enter the states under a non immigrant visa!!!!
 
KarimYehia said:
So what if I didnt even reach the interview stage in the lottery, sometimes you get the first NL, send back the forms but never get back a 2nd NL due to green card limits.
If this is the case, will it still affect my F1 application? if yes, then this means that a green card winner who hasnt been lucky enough to be one of the final 50000 will never be able to enter the states under a non immigrant visa!!!!
Click to expand...

The immigrant intent starts when someone sent the DS-230 and the DSP-122 forms back to KCC (hard proof). So, to answer your question, yes, if someone got the 1st NL and sent back the forms but did not get called for interview, it still considered an immigrant intent and that person would have problems getting a non-immigrant visa in the future.

It is the risk that everyone who won the DV Lottery have to take. The reason why people still go with it is because the reward of getting the Green Card outweighs the risks.
 
Please sombody with any suggestion should kindly reply me thru banabeegh@yahoo.com I want to apply for F-1 before my DV interview what are the risk???? I confuse because someone post it that it is risk taking and if by any chance i receive the F-1 it will be cancel before the actual DV INTERVIEW. pLS POST YOUR COMMENTS THRU THE MAIL PROVIDED
 
King Banabas said:
Please sombody with any suggestion should kindly reply me thru banabeegh@yahoo.com I want to apply for F-1 before my DV interview what are the risk???? I confuse because someone post it that it is risk taking and if by any chance i receive the F-1 it will be cancel before the actual DV INTERVIEW. pLS POST YOUR COMMENTS THRU THE MAIL PROVIDED
Click to expand...

When you are applying a new F1 visa or re-apply/re-new your F1 visa after receiving the first/second NL and waiting for the interview:
You are risking of rejection of the F1 visa because you have shown an immigrant intent by sending back to KCC the DS-230, DSP-122 or/and the I-485 (for AoS). When you are applying for an F1 visa, you must state in the DS-156 that you have applied an immigrant visa before. Saying that you applied an immigrant visa might cause your F1 visa application to be rejected. That's is the risk. You won't loose your chance to get interview for the DV.

So..basically, when you sent the DS-230, the DSP-122, or/and I-485 back to KCC, you are closing your option to ever get non-immigrant visa like F1, B1, J1, etc in the future. I know that this sounds unfair because we got selected to win the DV by the U.S Government choice, not ours, but this is how the U.S immigration system works.

When you already have an unexpired non-immigrant visa (F1, B1, J1, etc) and are being interviewed for the DV visa:
At the DV visa interview, before the the U.S consular/staff starts interviewing you, He/She will take a look at your passport and will cancel all your existing U.S non-immigrant visa on the passport. Usually with a big stamp saying "CANCELED WITHOUT PREJUDICE." The reason is because you are not suppose to have any immigrant intent when you have a non-immigrant visa, and going through the DV interview clearly shows an immigrant intent.

There are many questions that still we don't know about this. I have not seen people documented cases of getting rejected for an F1 visa after failed to obtain the DV visa or even cases when people are rejected for an F1 visa when they are waiting for DV interview.

For now, we can only assume what can happen.
 
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Okay, after someone aplies for dv, the chances of getting an f1 is really low. But is it impossible or have there been cases where people have got f1s even after APPLYING FOR IMMIGRANT VISA?
 
darkhorse said:
Okay, after someone aplies for dv, the chances of getting an f1 is really low. But is it impossible or have there been cases where people have got f1s even after APPLYING FOR IMMIGRANT VISA?
Click to expand...

I have not seen any documented cases when someone successfully getting the F1 visa after applying for immigrant visa. We can only assume that there is almost no chance of getting the F1 visa.

Here is an article to read: http://www.wolfsdorf.com/DVarticles/DV 2004 Update.pdf

It gives a case of someone with an F1 visa won the DV and choose to do AOS. For some reason, it got denied because he didn't managed to get the green card before the Sept deadline. He was facing deportation because he has shown immigrant intent under his F1 visa and did not successfully change his status to a Permanent Resident. There are many ways you can interpret the case. If someone who already in the U.S with an F1 visa faced deportation because of failure to receive the DV's Green Card, imagine what happen if someone doesn't have an F1 visa yet and is trying to get the visa after applying for DV.

In other word, getting an immigrant visa like the DV visa is a one shot visa. Either you get the immigrant visa or you'll never get any non-immigrant visa in the future.
 
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Gerindo said:
When you are applying a new F1 visa or re-apply/re-new your F1 visa after receiving the first/second NL and waiting for the interview:
You are risking of rejection of the F1 visa because you have shown an immigrant intent by sending back to KCC the DS-230, DSP-122 or/and the I-485 (for AoS). When you are applying for an F1 visa, you must state in the DS-156 that you have applied an immigrant visa before. Saying that you applied an immigrant visa might cause your F1 visa application to be rejected. That's is the risk. You won't loose your chance to get interview for the DV.

So..basically, when you sent the DS-230, the DSP-122, or/and I-485 back to KCC, you are closing your option to ever get non-immigrant visa like F1, B1, J1, etc in the future. I know that this sounds unfair because we got selected to win the DV by the U.S Government choice, not ours, but this is how the U.S immigration system works.

When you already have an unexpired non-immigrant visa (F1, B1, J1, etc) and are being interviewed for the DV visa:
At the DV visa interview, before the the U.S consular/staff starts interviewing you, He/She will take a look at your passport and will cancel all your existing U.S non-immigrant visa on the passport. Usually with a big stamp saying "CANCELED WITHOUT PREJUDICE." The reason is because you are not suppose to have any immigrant intent when you have a non-immigrant visa, and going through the DV interview clearly shows an immigrant intent.

There are many questions that still we don't know about this. I have not seen people documented cases of getting rejected for an F1 visa after failed to obtain the DV visa or even cases when people are rejected for an F1 visa when they are waiting for DV interview.

For now, we can only assume what can happen.
Click to expand...



A'm on F1 visa and when I recently called my local consular office asking the same question the lady at the other end ( consular officer) answered, " if you are a continuing student then you will be allowed to go back and finish your studies". Could it be may be this lady doesn't understand the guidelines?
 
F1winner said:
A'm on F1 visa and when I recently called my local consular office asking the same question the lady at the other end ( consular officer) answered, " if you are a continuing student then you will be allowed to go back and finish your studies". Could it be may be this lady doesn't understand the guidelines?
Click to expand...

She might understand or she might not. It is possible She is saying that because it seems to be the most reasonable answer. Why would you denied someone to continue their study?

There is no clear written guidelines that says about returning F1 student after denied immigrant visa and can't continue their education. Understand that there are many things that the U.S Department of State doesn't tells us and there are also a lot of things in the regulations that is left unanswered.

Your question is similar to what I was asking couple months ago. I'm an F1 visa holder and I'm too worried that if I get denied, I won't be able to continue my education. So far, I can't get a clear answer. Most answers that I got are speculations or the possible outcome if it does happened.

Like a scientific experiment, you can theorized and hypothesized what might happened, but if no one ever proof it that it is true, we will never know if its true. That's why all I can say is that the lady that you talked to might be right but could be also be wrong. It is possible that no one under F1 visa has ever got rejected for DV visa in that Consulate, therefore She can only speculate the possible outcome.

From what I heard, Consular usually canceled the visa before the interview and not after the interview. If it is true that Consular cancel the visa before the interview, would that mean we have to apply a new F1 visa if the DV visa gets rejected? Then, how are we suppose to apply a new F1 visa when we clearly just show that we have an immigrant intent. The only possibility for what the Lady said to to be true is for the Consular not to cancel the F1 visa at the interview unless the interview is a success.

I hope I don't confuse you even more. The bottom line is that no one knows for sure what will happened because there aren't any documented experienced like it before.
 
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