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Pottential problems Entering and Exiting the US with DV

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saunj11

Registered Users (C)
I am an F1 student studying in the US. I am in the process of booking a flight to go home, but am just wondering if I am going to have a problem coming back into the country if I am selected for DV 2014? I would obviously not submit any forms or anything until I am back in the country, so at the POE the only thing sitting with me is the fact that I am a DV selectee. My parents have also entered so if one of them get selected I am in the same situation as I fall under their names. My question is do the immigration officers even have knowledge of things like this? Would it actually come up on their system that I was merely selected for the DV lottery? Is there a chance then that I would be denied entry even though I have not submited anything, is it not only immigration intent once i submit the forms?

My plan is to go home mid may, come back mid july and then submit forms (if im selected) I need to book the flights soon as theres a sale on them at the moment, but I just wanted to get some advice on the forums here. Anyone with any knowledge on this? Thank you!:)
 
Go ahead and do your booking. Being selected is not enough to constitute an immigration intent, provided you do not send in the DSP form to KCC before returning to the US on your F1 visa. The IO is not likely to query you on being a DV selectee at the POE, and you shouldn't volunteer any information either.
 
Sm1smom said:
Go ahead and do your booking. Being selected is not enough to constitute an immigration intent, provided you do not send in the DSP form to KCC before returning to the US on your F1 visa. The IO is not likely to query you on being a DV selectee at the POE, and you shouldn't volunteer any information either.
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Even if he submit the DSP form to the KCC he won't be denied the entry... I was among the 22k, send my DSP to the KCC... 5 months later I Entered the USA without even a single question asked...
 
jayo2k said:
Even if he submit the DSP form to the KCC he won't be denied the entry... I was among the 22k, send my DSP to the KCC... 5 months later I Entered the USA without even a single question asked...
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While I agree with the two comments (we pretty much had the same travel experience last year), you should be aware of a case where the backpack of somebody was searched at the airport, and upon finding HS school diploma, birth certificate, etc., the person was denied entry. If the officer has any reason to suspect intent to immigrate while entering the country on F1 visa, he can deny entry. Just sayin'
 
aos13 said:
While I agree with the two comments (we pretty much had the same travel experience last year), you should be aware of a case where the backpack of somebody was searched at the airport, and upon finding HS school diploma, birth certificate, etc., the person was denied entry. If the officer has any reason to suspect intent to immigrate while entering the country on F1 visa, he can deny entry. Just sayin'
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The diploma and stuff is different with the DSP.
The very first time I travelled to the US, was in April 2011 so before the DV results which was my first time... Uon emptying my backbag, they saw my high school diploma that I completly forgot to remove before going to the bus station (I just took my bag and went to take the bus, forgeting that I had many documents in there...)... They held me for like 15 to 20 minutes at Buffalo custom... I had to proove i wasn't going to search for a job... What saved me was that I had my rent contract and university acceptance letter in that same bag backing up my argument that I just took the bag without checking it... So they let me in... There are plenty of reasons to be denied the entry... all it takes is the officer to thnk you want to immigrate and that is it... If i didn't have my rent and my university letter, i would have been deny the entry
 
Being selected as a DV winner would mean pretty strong immigrant intent. A good chance of denial in a nonimmigrant visa application. Entering US on existing visa is different, they usually do not ask you questions about being selected.
However, I would not do AOS after that, especially if you want to appy for AOS rather soon after arrival.
 
raevsky said:
Being selected as a DV winner would mean pretty strong immigrant intent. A good chance of denial in a nonimmigrant visa application. Entering US on existing visa is different, they usually do not ask you questions about being selected.
However, I would not do AOS after that, especially if you want to appy for AOS rather soon after arrival.
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I wasn't on an existing visa.. When I entered after the DV 2012 fiasco i was on a visa weaver, not on an existing visa... I contacted the DOS on facebook and they told me the DV has nothing to do with any denial entry, they look at other things like where do you live ect...
 
ESTA and VW are a little different. They are not interested to know about your immigrant petitions.
 
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raevsky said:
Wait a sec. You are saying you are an F-1 student. Did you enter on F-1 visa? Or on ESTA?
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No I am an F1 Student since August last year. I will re enter in July as F1 and plan to do AOS if im selected. If my parents are selected they will do consulate processing. I was just worried I would be denied entry coming back in July.
 
saunj11 said:
No I am an F1 Student since August last year. I will re enter in July as F1 and plan to do AOS if im selected. If my parents are selected they will do consulate processing. I was just worried I would be denied entry coming back in July.
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I think you are safe... And my personal opinion:
It would be silly to deny someone the entry because he won the lottery because he obviously will immigrate anyway... (50% chance of immigrating)
 
saunj11 said:
So what you guys are saying is that I will not beable to do AOS if I do this?
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Don't be distracted by all the back and forth that is going on, go ahead and book your trip, you will have no problem getting back into the US with your F1 visa.

If selected and you elect to undergo AOS processing, you will have no problem either. You plan on returning to the US in July, the 2014 DV fiscal year doesn't begin until October, that gives you more than enough time to have been back in the US even if you end up being selected with a lower number and become eligible to submit I-485 in October.
 
So what you guys are saying is that I will not beable to do AOS if I do this?
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If you are allowed into US on F-1, I would not apply for AOS in the first 90 days after that. That is for sure. I would also try to avoid applying for AOS at all.
 
raevsky said:
If you are allowed into US on F-1, I would not apply for AOS in the first 90 days after that. That is for sure. I would also try to avoid applying for AOS at all.
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I understand where you are coming from with this. My argument though is, I am an Current F1 student, so my intention would be to come back here on my F1 weather I am selected or not, the flight is booked, there is nothing I can do as Im currently doing an undergraduate degree here. I would not be solely entering the country to do AOS. I have read up about people having issues with AOS on F1 to, but personally I think that they have just gone around doing it the wrong way. If im selected I will try AOS if my CNFRM is low enough, I will wait a while though before submitting anything after I land in Atlanta, my POE;).

Anyways, I may be getting my hopes up here :p Come next wednesday though and I am selected I will be sure to get advice from you all, your posts are much appreciated and I think I would be lost without your guidance!

Good luck to all, this is probably our last shot at this. Lets hold thumbs and hope things come together for us. :) Take care and see you on May 1 2013 !!
 
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