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Parents chargeability and post

S

Sweetwaters

Registered Users (C)
Hi Everyone

I just won the DV 2014 lottery. Was wondering if someone could answer a few questions for me.

First here is some info about me...
1. I was born in Canada but I am charging through my parents country...Barbados. I was born in Montreal in 73 and they became Citizens of Canada in 1974.

2. In my letter it says Country of chargeability: Barbados
POST: Montreal

3. I currently live in the US and have for quite some time through a TN visa. My Visa is currently good til 2016.

Question...I'm not sure why it says POST Montreal if I live in the US, I plan to adjust my status with the USCIS, should I contact the KCC to change this, how important is this piece of information?

Question. Will I be OK charging under my parents as long as I have their birth certificates?

Thank you in advance
 
If you were born in 1973, and your parents became Canadian citizens in 1974, I don't think you can claim chargeability through your parents' country of birth. In order for your to do that, your parents must have been staying in Canada temporarily at the time of your birth, and that doesn't seem to be the case here.

The letter probably lists Montreal as your Post because you indicated Canada has your place of birth, it's assuming you're living in Canada and you plan on doing CP. It's a standard practice which has no consequence what so ever on anyone doing AOS, there's no reason to contact KCC for this.


Sweetwaters said:
Hi Everyone

I just won the DV 2014 lottery. Was wondering if someone could answer a few questions for me.

First here is some info about me...
1. I was born in Canada but I am charging through my parents country...Barbados. I was born in Montreal in 73 and they became Citizens of Canada in 1974.

2. In my letter it says Country of chargeability: Barbados
POST: Montreal

3. I currently live in the US and have for quite some time through a TN visa. My Visa is currently good til 2016.

Question...I'm not sure why it says POST Montreal if I live in the US, I plan to adjust my status with the USCIS, should I contact the KCC to change this, how important is this piece of information?

Question. Will I be OK charging under my parents as long as I have their birth certificates?

Thank you in advance
Click to expand...
 
If your parents got citizenship a year later they were permanent residents of Canada at the time of your birth - so you are likely incapable of using Barbados as your country of chargeability.
 
You WILL BE most likely denied, bad luck, sorry!

Chargeability via parents goes beyond simply their (or one of them) birth certs. Sometimes the principle of 'permanent adobe at their native country' aspect becomes very hard to establish, like in your case which falls apart clearly due to their PR status at the time of your birth.

You may be tempted to try your 'luck' with USCIS, do not do that. If denied your TN renewal next time WILL BE be in jeopardy!(or they can cancel it sooner with your denial letter or a one which would follow soon after that)

Only chance is IF you come across a grossly incompetent USCIS IO (which can happen!), but you do not want to take that chance though!

Best!
 
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Caliing the USCIS?

Thank you for these replies.

It sounds like the rules are firmly established.

Do you think it would help if I were to contact the USCIS and just explain honestly the details and see what their suggestions would be as far as applying or how much they adhere to this one particular rule?
I'm obviously reaching here because I'm disappointed : (, but this is the first site I've been on that has been able to give me any insight into this issue.
 
Denial?

OH, the other question I had was why would the USCIS deny my TN Visa which has all appropriate paper work and everything in check since the beginning of time simply because I tried to apply for AOS. This is harsh. I'm definitely worried about this happening. So upset.
 
Sweetwaters said:
OH, the other question I had was why would the USCIS deny my TN Visa which has all appropriate paper work and everything in check since the beginning of time simply because I tried to apply for AOS. This is harsh. I'm definitely worried about this happening. So upset.
Click to expand...

TN status does not have the explicit dual intent protections that H and L status have. Generally speaking, once an I-485 has been filed future TN renewals or entrances may be rejected.
 
My current situation is I'm an RN. My hospital is not currently sponsoring GC but if I could find a job that did or even convince them, from what I understand...the visa bulletin is backed up til 08 with employment based GC. I have a BSRN and have 16 years experience as a RN, would this in any way put me higher in the list and make my status current on the visa bulletin?
 
Sweetwaters said:
OH, the other question I had was why would the USCIS deny my TN Visa which has all appropriate paper work and everything in check since the beginning of time simply because I tried to apply for AOS. This is harsh. I'm definitely worried about this happening. So upset.
Click to expand...

Well let me ask again, you were born in Canada when your parents were PR there is that correct? Then NO you are not eligible to get a DV.
You seems to have little idea how US imm and non-imm visas work, that's ok, but now the q is are you going to take our word for granted that you will not get a DV and if you apply your TN is jeopardy?
If you are not sure best thing to do is spend some hard earned money and try get COMPETENT legal counsel from an imm. lawyer, its simple as that!
For the problem with your DV winning, take a p/o of following, note in p4 #e and ask a lawyer how it will be applied to you.
http://www.state.gov/documents/organization/87525.pdf

Dont waste time go 'ASKING' USCIS you will get to talk to a competent imm. officer ONLY during your i-485 intvw, i.e if you go ahead pay and send in i-485 for an adjudication. We are simply saying DO NOT do that!

Hope this helps.

Best!

PS: Are you married? how about chargeability via spouse? may be with next eDV entry.
 
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This advice has saved me from doing something really stupid. I had no idea I could jeopardize my TN by applying and getting denied.

I'm not married and my boyfriend is czech, has a GC, which he won in th DV about 5 yrs ago.

I think I'm going to have a disussion with my work and see if I could AOS that way. The only question I have is will they let me apply in the EB2 category? I have a 4 year Bachelor degree from Canada and 16 yrs experience as RN in US and 7 years at this particular place of employment.
 
Not to beat a dead horse but does this chargeability rule apply the same way if your parents currently have dual citizenship?
 
Sweetwaters said:
Not to beat a dead horse but does this chargeability rule apply the same way if your parents currently have dual citizenship?
Click to expand...

Again, for US imm., for 'chargeability', current/former 'citizenship' does not matter at all, it is the land of 'nativity' what maters.

Best!
 
Sweetwaters said:
I'm not married and my boyfriend is czech, has a GC, which he won in th DV about 5 yrs ago........
Click to expand...

If things work out well for you, family based GC is the best bet!

For anyone who plans to go through EB, especially EB2, the 'winning the lottery' moment there is getting the I 140 approved, its bit hard and needs lot of backing from employer.

Best!
 
Getting the boyfriend to become a citizen and then getting married seems like the most probable outcome. It's very unlikely to qualify for EB2 because an RN position typically requires only a Bachelor's degree.
 
I appreciate your feedback, it's nice to know there is a ray of hope... although I should let you know Rajiv seems to feel differently about the EB2 qualification thing. I had inquired about it and he wrote:

EB 3 vs EB 2

Submitted by Rajiv S. Khanna on Jun 5th 2013.
T. , any nursing job that requires a Bach. degree with 5 years of progressive experience can become the basis for EB-2.
 
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