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My visa status B1/B2 will be affected if I apply for the Diversity Visa Lottery?

S

spanspan

Registered Users (C)
I'm Italian and I have a B1/B2 visa stamp on my passport (issued in May 2011) and in 2 weeks I'll be in the US for 6 months (I decided to take a break off my work).
I heard about the Diversity Visa Lottery to win a Green Card. I would like to apply because I think it would be great in the future going in the US without any kind of visa and moreover, who knows what will happen in the future and having a Green Card will be a "plus" in my life.
However I'm afraid that my application will jeopardize my status B1/B2.
Now I'm going to explain why.
In 2009 and in 2010 I did vacation in the US for 3 months under the Visa Waiver Program (3 months in 2009 and 3 months in 2010); this year, since I would like to stay in the US more, I applied for the B1/B2 visa and I got it in June.
So, if I apply for the DV 2013, do you think that my application will be see as an intent to immigrate?
Another question: do you think my visa status B1/B2 will be affected if will apply for the DV Lottery?

Thank you.
 
No, your visa won't be affected just by "playing" the lottery. if you "win" or are selected in the lottery that's when it becomes more complicated.
for example, there are thousands and thousands of F-1 students in the US who apply for the lottery each year and I have never heard of anyone having any trouble just because they participated in the program....
 
Participation in DV lottery did not affect my application for F-1. I have been in F-1 status for almost 7 years now and I have applied for F-1 visa multiple times during this time period. I have not been participating in DV lottery every year, but I did not have any problems after entering the lottery.
 
although i'm not really sure if you should pursue a green card if you are not thinking about permanently leaving italy and immigrating to the US... i say this because what "green card" means is that you are a registered permanent resident of the US, it is not a just a document that allows you to travel freely. unless you reside permanently in the US you will lose your green card, you will also have to file federal and state taxes and notify the government of any changes of address in order to maintain your permanent residence... for now there is no risk in participating in the lottery for you, but in the future if you win the lottery and decide not to pursue the green card or you do and you lose it after a while then you might not be able to acquire a tourist visa... just some considerations for you
 
Thanks for your help.

So if I apply for the DV Lottery, nothing will happen to my current visa status...
BUT it will if in the future I apply for another non-immigrant visa? For example if tomorrow I apply for the DV Lottery (and I'll not win), and in 2012 or in 2013 I apply for the student visa F1, will be there any problems? My thought is that the consular officer will suspect that I want to immigrate and my new non-immigrant visa will be deny.. Is my thought correct?

japaneschinlove said:
although i'm not really sure if you should pursue a green card if you are not thinking about permanently leaving italy and immigrating to the US... i say this because what "green card" means is that you are a registered permanent resident of the US, it is not a just a document that allows you to travel freely. unless you reside permanently in the US you will lose your green card, you will also have to file federal and state taxes and notify the government of any changes of address in order to maintain your permanent residence... for now there is no risk in participating in the lottery for you, but in the future if you win the lottery and decide not to pursue the green card or you do and you lose it after a while then you might not be able to acquire a tourist visa... just some considerations for you
Click to expand...

I didn't know that you can lose your Green Card if you don't permanently live in the US..
If I win a Green Card, to actually have it, I will have to go in the US immediately? For how long?
Could you please tell me more? There is no information on the USCIS website and on the instructions of DV 2013...

I don't want to have any kind of troubles, I love the US and every year I'm looking forward to be in that country. So if you can help me to avoid problems, I really appreciate. Thanks.
 
pretty slim chance

DV is such a long shot that it is not seriously considered a factor. 19 million applied for a chance at one of the 50,000 visas last time.
 
spanspan said:
Thanks for your help.

So if I apply for the DV Lottery, nothing will happen to my current visa status...
BUT it will if in the future I apply for another non-immigrant visa? For example if tomorrow I apply for the DV Lottery (and I'll not win), and in 2012 or in 2013 I apply for the student visa F1, will be there any problems? My thought is that the consular officer will suspect that I want to immigrate and my new non-immigrant visa will be deny.. Is my thought correct?



I didn't know that you can lose your Green Card if you don't permanently live in the US..
If I win a Green Card, to actually have it, I will have to go in the US immediately? For how long?
Could you please tell me more? There is no information on the USCIS website and on the instructions of DV 2013...

I don't want to have any kind of troubles, I love the US and every year I'm looking forward to be in that country. So if you can help me to avoid problems, I really appreciate. Thanks.
Click to expand...

You won't have any problems in the future even applying for another NON-immigrant visa just because you played the lottery. There is NO risk. HOWEVER if you win then you have to carefully consider how to proceed.

here is what the USCIS web site says about maintaining permanent residence or green card : http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

generally, if you are away from the US for more than 1 year AND haven't applied for re-entry permit you are considered to have abandoned you permanent residence status. HOWEVER, as you can read on the web site, any amount of time absent can be considered when evaluating whether you have abandoned your permanent residence. and you have to file taxes. i would think that if your permanent residence truly is Italy they will figure this out and consider your green card abandoned. like i said green card is not to be considered a free pass to the US......

if you win the lottery, depending on your case number, you will be scheduled an interview at a consulate abroad and after your interview you will have 6 months to travel to the US. after you get there it will take between 2-4 weeks to get your green card in the mail. after that any time absent can be considered against you, however two, three, or four week absences won't affect it.....
 
Many thanks for the links.
A few more questions:

- If I win the lottery (I am eligible for a green card because of my Master degree) and I'll go the interview. Do you think that since I have a B1/B2 visa they will ask me a lot of questions and they will deny the green card? I ask this question because when I did apply for the B2 visa they asked me if my intention is to live in the US and I just said the truth: no, I just want to vacation in the US for a limit time. So maybe will they think that my intentions were different?

- If I lose a green card, for example because I stayed in the US for less than 6 months, what will happen? Can I apply for another green card (DV lottery) or it is lose forever and I need to apply for a non immigrant visa to coming in the US? Moreover, in that situation (lose a green card), will there be any problems to re-apply for a non-immigrant visa?

- Last stupid question: If I win the lottery, can I refuse the green card and not to show up at the interview?
 
See my responses:


A few more questions:

- If I win the lottery (I am eligible for a green card because of my Master degree) and I'll go the interview. Do you think that since I have a B1/B2 visa they will ask me a lot of questions and they will deny the green card? I ask this question because when I did apply for the B2 visa they asked me if my intention is to live in the US and I just said the truth: no, I just want to vacation in the US for a limit time. So maybe will they think that my intentions were different? They will probably just ask you whether you overstayed your visa, but they will not deny your green card or immigrant visa just because you held a B2 visa. if you never violated that visa you won't have any problems. When you applied for your B2 they asked you whether your intention is to immigrate to the US as a routine. it is US law that every alien is considered an immigrant unless they can prove their nonimmigrant intent. so don't worry about issues relating to your B2-possible lottery entry/win.

- If I lose a green card, for example because I stayed in the US for less than 6 months, what will happen? Can I apply for another green card (DV lottery) or it is lose forever and I need to apply for a non immigrant visa to coming in the US? Moreover, in that situation (lose a green card), will there be any problems to re-apply for a non-immigrant visa? absolutely if you lose your permanent residence it is highly unlikely that you will be granted a nonimmigrant visa ever again. this is because you have shown immigrant intent and it will be extremely difficult for you to prove your nonimmigrant intent at that point. you can, however, apply for the lottery again even after you lose your permanent residence. but what are the odds of winning twice?? this is why if you are not going to immigrate to the US i don't think it is a good idea to try to obtain a green card.

- Last stupid question: If I win the lottery, can I refuse the green card and not to show up at the interview? not a stupid question and yes, if you win the lottery you can decide not to take any action and US department of state won't even schedule an interview for you. in this case there won't be any consequences.
 
Thanks a lot for your answers (very helpful) and your time.

In the next days I will apply for the DV Lottery and then, if I win a green card, I will think how to proceed (if take it or not).
in two weeks I will be in the US with B2 visa: do you think that when I will be intervied by the officer at the port of entry at the airport, he/she will ask me why I did apply for the DV Lottery?
 
spanspan said:
Thanks a lot for your answers (very helpful) and your time.

In the next days I will apply for the DV Lottery and then, if I win a green card, I will think how to proceed (if take it or not).
in two weeks I will be in the US with B2 visa: do you think that when I will be intervied by the officer at the port of entry at the airport, he/she will ask me why I did apply for the DV Lottery?
Click to expand...

no, he/she won't have any idea that you applied. don't mention anything about it either unless for some crazy reason they ask.
 
spanspan said:
Thanks for your help.

So if I apply for the DV Lottery, nothing will happen to my current visa status...
BUT it will if in the future I apply for another non-immigrant visa? For example if tomorrow I apply for the DV Lottery (and I'll not win), and in 2012 or in 2013 I apply for the student visa F1, will be there any problems? My thought is that the consular officer will suspect that I want to immigrate and my new non-immigrant visa will be deny.. Is my thought correct?



I didn't know that you can lose your Green Card if you don't permanently live in the US..
If I win a Green Card, to actually have it, I will have to go in the US immediately? For how long?
Could you please tell me more? There is no information on the USCIS website and on the instructions of DV 2013...

I don't want to have any kind of troubles, I love the US and every year I'm looking forward to be in that country. So if you can help me to avoid problems, I really appreciate. Thanks.
Click to expand...

Entering will not change anything, only if you win and get denied. At that point you have to disclose on every official paper when asked if you ever applied for a visa or perminent status;"yes" and also why you were denied. At that point they know and also will do research since it will pop up in every computer that is used by USCIS/border control and perhaps other government related departments that you have showed immgration intend.

For many people it doesn't harm to apply but you always have to be aware of the risks. If you ever fill out on an official form that you didn't apply for perminent status and for some reason it is in the computer that you entered (something none of us know if it will stay there...maybe not in the past, but nobody knows if that has changed or will change) you might be caught of fraud since lying on government papers is considered "fraud" and a felony.

Overall most people had never an issue, but from a legal standpoint, there is nobody that guarantee you that you won't have an issue.
 
bentlebee said:
For many people it doesn't harm to apply but you always have to be aware of the risks. If you ever fill out on an official form that you didn't apply for perminent status and for some reason it is in the computer that you entered (something none of us know if it will stay there...maybe not in the past, but nobody knows if that has changed or will change) you might be caught of fraud since lying on government papers is considered "fraud" and a felony.
Click to expand...

That is the reason why I'm afraid to apply for the DV Lottery.
US is an amazing country, and I don't want to be in trouble and not able to visit the US ever agan.
 
bentlebee said:
Entering will not change anything, only if you win and get denied. At that point you have to disclose on every official paper when asked if you ever applied for a visa or perminent status;"yes" and also why you were denied. At that point they know and also will do research since it will pop up in every computer that is used by USCIS/border control and perhaps other government related departments that you have showed immgration intend.

For many people it doesn't harm to apply but you always have to be aware of the risks. If you ever fill out on an official form that you didn't apply for perminent status and for some reason it is in the computer that you entered (something none of us know if it will stay there...maybe not in the past, but nobody knows if that has changed or will change) you might be caught of fraud since lying on government papers is considered "fraud" and a felony.

Overall most people had never an issue, but from a legal standpoint, there is nobody that guarantee you that you won't have an issue.
Click to expand...

spanspan,

this is what i have been trying to tell you. there is NO risk for you to enter in the lottery so don't be afraid to do that. IF you win then you have to be really careful to consider what to do, if you think you will immigrate and live permanently in the US AND you qualify for the DV visa (you have a high school diploma, you are financially stable and have significant savings and have no criminal record) then you should proceed but if not then you shouldn't. but you can make that decision if you win.
 
Allright, now all is clear.
I will apply for the Lottery in the next few days. Entering in the Lottery without win will not change anything, so it would be like I never apply for the Lottery. If I win, I will see what to do.

Again, thanks a lot for your answers and time.
 
Hi. This is slightly off-topic but the subject has been touched:

If say I win the DV lottery, then pass through the interviews etc, can I move to the US in, say, 5 years' time? or do I have to enter the US within a deadline?

Thank you very much
 
anjebg said:
Hi. This is slightly off-topic but the subject has been touched:

If say I win the DV lottery, then pass through the interviews etc, can I move to the US in, say, 5 years' time? or do I have to enter the US within a deadline?

Thank you very much
Click to expand...

No, you cannot wait for like 5 years before relocating to the US if you get selected and succeed with the interview. There's usually an expire date on the visa that will be issued at the end of a successful interview, plus any DV visa issued can only be used within the fiscal year for which it is issued.
 
Hmmm, the DV website maybe needs to be a lot clearer about this visa. I don't want to sound mean but to think this is some sort of casual tourist visa or something you can use whenever/if you feel like it sometime in the future is surprising.
 
Sigh.. I wish people wouldn't apply for the DV Lottery just on a whim, or as a tourist visa, or just to see if they can get it for the heck of it, and never follow through... Really screws it up for the rest of us who are really, really wanting it..
 
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