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Question about letter from US Embassy received 2 weeks before interview!

C

cheers mate

Registered Users (C)
Hi guys,

When I originally entered the lottery I did so using both my parents birthplace, as I was born in Great Britain, but they were born in Cyprus...

I made this clear on every form I sent in, but this morning I received a letter stating that upon reviewing my forms they realised I was born in the UK and that they require me to:

"document your parent's places of birth and the reason they were in Great Britain when I was born"

I can get a hold of both their birth certificates (I hope) and it also says on my birth certificate that they were both born in Cyprus... What I dont know how to document is "the reason they were in Great Britain when I was born"...

They moved over to live! They were only at school...

My question is basically what do you think they want to see in terms of documentation regarding these two things?

Thanks in advance
 
First of all, the DV-2009 instructions state the following regarding the use of the parents' country of birth as the country of chargeability:

if you were born in a country not eligible to participate in this year’s DV program, you can be “charged” to the country of birth of either of your parents as long as neither parent was a resident of the ineligible country at the time of the your birth. In general, people are not considered residents of a country in which they were not born or legally naturalized if they are only visiting the country, studying in the country temporarily, or stationed in the country for business or professional reasons on behalf of a company or government.
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Note that you would only be eligible if your parents were non-residents at the time of your birth, so if your parents came to the UK to study first and they were still at school when you were born, this could be documented using either official transcripts from the school or a letter from the school indicating the periods at which they were enrolled at the school.
 
What kind of documentation could I show to prove any of this?

They have British passports now which show their place of birth, but how can I prove they were not residents at a certain time?

I really don't understand how this has happened, and I'm pretty sure that when I read the form initially it didn't say that this had to be the case... It said they need to have been born in another country bu that was it...
 
if they were students (tourists, military, etc.) and MOVED back to their country after the studies (service, work visa, etc.) were over, you can show their nnrollment records, passports, any kind of evidence showing they resided in their own country at the time and after your birth, etc., and that they were in GB only temporarily.
 
cheers mate said:
I really don't understand how this has happened, and I'm pretty sure that when I read the form initially it didn't say that this had to be the case... It said they need to have been born in another country bu that was it...
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no, that wasn't it. It also says "didn't reside in an ineligible country". You saw what you wanted to see.
 
So the story is my parents came over to study (my mother from 8 years old, my father at the age 19 for University) in the UK.... While they were over here there was a war in Cyprus and both my parents homes were occupied and held by Turkish forces, so they could not return, making them refugees...

How do I prove this? What paperwork could I show that they stayed here not out of choice but as a result of war?? They said they don't have anything to show this, and that they just applied to become residents after this happened...

Also LucyMO, thank you for all your help and input, but the "you saw what you wanted to see" comment above. Not necessary. Not a child.
 
cheers mate said:
How do I prove this?
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That might be difficult. It seems to me you answered the question in your original post:

>>> They moved over to live! They were only at school...

That would seem to be an indication of residency. However anyone advising you on how to interpret this without knowledge of immigration law is just guessing. Are you okay gambling with your application?

You should consider getting legal advice. Before that discussion presumably you will need to have a clear understanding of what visas each of your parents used to initially enter the UK and the method used to apply for permanent residency and when that happened.
 
cheers mate said:
So the story is my parents came over to study (my mother from 8 years old, my father at the age 19 for University) in the UK.... While they were over here there was a war in Cyprus and both my parents homes were occupied and held by Turkish forces, so they could not return, making them refugees...

How do I prove this? What paperwork could I show that they stayed here not out of choice but as a result of war?? They said they don't have anything to show this, and that they just applied to become residents after this happened...

Also LucyMO, thank you for all your help and input, but the "you saw what you wanted to see" comment above. Not necessary. Not a child.
Click to expand...

What was the immigration status of your parents when you were born? Were they UK Citizen/Permanent Resident or refugee or student?

Here is the complete quote from the DV2009 instruction:

WHAT DO THE TERMS “ELIGIBILITY”, "NATIVE" AND “CHARGEABILITY” MEAN? ARE THERE ANY SITUATIONS IN WHICH PERSONS WHO WERE NOT BORN IN A QUALIFYING COUNTRY MAY APPLY?

Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. “Native” ordinarily means someone born in a particular country, regardless of the individual's current country of residence or nationality. For immigration purposes “native” can also mean someone who is entitled to be “charged” to a country other than the one in which he/she was born under the provisions of Section 202(b) of the Immigration and Nationality Act.
For example, if you were born in a country that is not eligible for this year’s DV program, you may claim chargeability to the country where your derivative spouse was born, but you will not be issued a DV-1 unless your spouse is also eligible for and issued a DV-2, and both of you must enter the United States together with the diversity visas. In a similar manner, a minor dependent child can be “charged” to a parent’s country of birth.

Finally, if you were born in a country not eligible to participate in this year’s DV program, you can be “charged” to the country of birth of either of your parents as long as neither parent was a resident of the ineligible country at the time of the your birth. In general, people are not considered residents of a country in which they were not born or legally naturalized if they are only visiting the country, studying in the country temporarily, or stationed in the country for business or professional reasons on behalf of a company or government.

If you claim alternate chargeability, you must indicate such information on the E-DV electronic online entry form, question #6. Please be aware that listing an incorrect country of eligibility or chargeability (i.e. one to which you cannot establish a valid claim) may disqualify your entry.
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The instruction is pretty clear regarding the definition non-resident of a country. If your were born after your parents became citizen/Permanent Resident of the UK, then it is pretty clear that you are not qualified to even participate the DV for the first place. It doesn't matter what your parents immigration status was when they arrived in the UK, what matter is what is their immigration status at the time when you were born.

You can always try to go to the interview, but it is going to be a very high gamble with a very high chance of rejection. :(
 
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