I won dv2010 lottery . I live in USA. I have F2 visa at the moment. And my H4 will be active in October. I cannot go to Turkey till it is active. After October I was planning to to there to get my H4 visa stamp. My question is if i choose consular processing for my dvlottery interview , and if they deny me application , can i still return to US with my H4 ? And can i travel with my H4 during the dvlottery process ?
what if my dv lottery is denied by us consulate
- Thread starter klikya
- Start date
So you are saying once denied although you have another visa you will be deported or aren't allowed any access anymore?
We are talking about CP, so nothing to deport
Sure, you can enter the U.S. again after you have applied for a new visa, but with a denied immigration visa a non-immigrant visa is hard to get.
In a way I understand what you are saying but the person in question is stating she is going to have a H4 visa soon and will be here on one. So why do the have to give her a new visa to travel over here other than the green card. If the green card is denied for other reason, I guess she can still be here on a visa unless she has a criminal background. Not all visa holders will qualify for a perminent status as a green card but can be here temporarily...or am I wrong?
Depends on whether the H4 is a dual intent visa. If it's a single intent visa then going for the green card interview means the person is intending to immigrate and therefore violates the H4. This is the situation I am facing with my F1 visa. I would ask an immigration lawyer to be on the safe side. Most of them will offer the first consultation for free. It's the best way to know for sure,
H4 visa is a non-immigrant visa for spouse of H1 visa holder. It is a dual-intent visa and I think she would have no problem even if her DV application got denied.
http://www.americanlaw.com/dintent.html
As a result, both the Immigration and Naturalization Service ("INS") and the Department of State ("DOS") recognize the concept of dual intent for H-1 and L nonimmigrants. Pursuant to 8 CFR §214.2(h)(16)(i), neither the approval of a labor certification nor the filing of a preference petition for the alien will themselves result in the denial of an H-1B or L petition, or a request for an extension of such a petition, or extension of stay, or change of status. DOS cable no. 91-State 171115 para. 2 (May 24, 1991), states that the requirement of "entering temporarily" has been effectively eliminated for H-1 and L-1 applicants and their accompanying family members. The doctrine of dual intent also extends to H-4 and L-2 dependents.
I have the same situation.I have F1 and still valid for 3.5 years. I am going to do CP process.Now Tazmania saying that if i go to Turkey and try to get Green Card and if i can not get it.are they going to cancel my F1 visa.So i am not going to be able to come back.
is that correct?
is that correct?
generally it means that your intent can be to be in the US temporarily or permanently. This means that even if your application is denied, it will not affect your current H4 visa. Again, I heartily recommend you confirm everything with an immigration lawyer so you have all your ducks in a row.
Yes, this is correct. Because the F1 is a single intent visa, meaning that when you applied for your student visa you declared that at the end of your program you had the intent to go back to your home country, as soon as you declare intent to immigrate you have violated your F1 and it can be withdrawn. I think it's risky whether you do CP or AOS. Again, an immigration lawyer is the best person to advise you especially when you have something like that at stake.
But if you have a good CN and you've maintained status you should be okay... but that's a gamble you have to decide to take.
Why would entering the GC lotery jeapadize any visa. Even if you had the intend to return and after you got the visa changed your mind and entered the lotery that doesn't mean you had intend to stay. What if you never win you have to leave. If you win that can be a new era and a complete different issue than before you got your first visa.
My friend has her visa for 9 years and the first one was applied in 2000 and for the first 4 years she applied every yr and than got one for 5 yrs...meanwhile after a few yrs she started to enter the visa lotery and I think no one can state that she came here with the intention to stay here forever if she had not won the lotery. I think that can't be used against any person. Only for the person's who are overstaying their visa.
otherwise non of the students can ever enter the lotery and win and if they get denied for monetary reason's they could not even finish their study, that sounds not right.
My friend has her visa for 9 years and the first one was applied in 2000 and for the first 4 years she applied every yr and than got one for 5 yrs...meanwhile after a few yrs she started to enter the visa lotery and I think no one can state that she came here with the intention to stay here forever if she had not won the lotery. I think that can't be used against any person. Only for the person's who are overstaying their visa.
otherwise non of the students can ever enter the lotery and win and if they get denied for monetary reason's they could not even finish their study, that sounds not right.
Muffin I want to add something..I have F2 visa at the moment because of my husband. He is on opt at the moment. Our H1 and H4 application have been approved and will be active in October 2009. So I said that I am going to have H4 during the interview process because my file number is 2x.xxx .. So I don't think i can have ain interview appointment before October ..In October I will go to Turkey and get my H4 stamp..So do you think it is okey like this..Having f2 now and having h4 in october..
Entering/playing the DV lottery does not mean you have an immigrant intent, BUT winning and pursuing with the process does.
If your friend just entering her name into the DV electronic application and never win, her visa status and her ability to get visa in the future is unaffected. In the other hand, if your friend played the DV lottery and won, and then decided to pursue with the process of getting the green card (sending back the DS-230, DSP-122, interview, etc), her current visa status and her ability to get visa in the future will be affected because she has shown the intention of staying in the U.S permanently.
Proceeding with the DV lottery process after winning the lottery is a very easy way to be identified to have immigrant intent.
No one knows exactly what happen if a student with an F1 visa got their DV application rejected. All we know is that it has some risks associated with it.
martinwerdel
Registered Users (C)
This is my point exactly, maybe I wasn't clear. Entering and winning isn't the problem, it's when you start sending paperwork back that you declare intent. So in this case it depends on what your chances are to get a successful interview. This is why I said if your CN is good and you've been in status then there's low chances of denial or of risking your F1 visa.