Winner from France/Brazil, needs help

[grise]

Hello, I received my NL a few weeks ago.
My case is : 2009EU00019***
I have a few questions:
I live in US, on a F1 visa. I was born in Brazil (country not elligible for DV)
but both of my parents were born in France, I am then claiming their nativity.
The medical paper they sent me are in Portuguese, with a Brazilian Consular office address. In the papers they ask if I want AOS or CP.

1)-- My guess is that I have better chances with CP, right or wrong? If I go with
CP, I have to put either the place where I lived before entering US or my birth country.
2)--Is it the country I lived "just" before entering US, or any country I lived before?
I was living in Paris, and then moved for a year to Montreal, as an international student, I should then put Montreal for CP?
3)--Has anyone had CP in Montreal, and would like to share its experience?
4)--Has anyone born in Brazil done the DV, claiming another nativity and would like to share its experience?

They also ask for a current address. The problem is that I know I will have to change apartment in October.
5)--Does it delay the application in anyway, to call and make an address change? Has anyone done that yet? Or is it better to stick to the same address?
6)--They ask for the list of times I have come to United States. When I was living in Canada, I was coming very often by bus on the we. Should I put all the week end times *note, they only ask for the month, not the days*, or should I just put the dates of my I-94 ?

Thank you very much. Please, feel free to comment and give any other advices you think of.

 

[raevsky]

I was born in Brazil (country not elligible for DV)
but both of my parents were born in France, I am then claiming their nativity.

Generally it is not enough to claim France.
What is your parent's citizenship?
What were they doing in Brazil when you were born?
Were they married back then?

 

[grise]

My Parents are both French and born in France. They grew up in France and had jobs there. They are not married (are were not married at that time either) but lived together for a very long time. They traveled around the world on a sailing boat (french boat) and because my mother was very advanced in the pregnancy, they decided to wait in Brazil until I was born to then pursue their world traveling. I never really lived in Brazil and went to French schools.
What do you think? Thank you so much.
What is that I have to show to claim their nativity?

 

[raevsky]

Did they work at that point?
Where were their employers located?
Was it some kind of very long vacation or a part of their duties?
What kind of proof of your father's paternity over yourself do you have?
Is he listed as your father on your birth certificate?
Have you both done DNA test?

 

[Johnkent]

if both parents are french, then he is french regardless of him being born in Brazil.
Its like a baby born to an american parent(s), is american at birth regardless of where he/she was born. John Mccain is one of them

 

[raevsky]

if both parents are french, then he is french regardless of him being born in Brazil.

He is probably French in terms of citizenship. That does not give him anything to claim nativity from France.

John Mccain is one of them

It is not clear whether he could be a US President though. That could be the first time in US history (he was born outside of US and was not present in the US when US constitution was accepted; none of previous president-elects were in that boat), and that is up to Supreme Court to decide that.

 

[grise]

You are correct, my French citizenship is irrelevant. However, you are allowed to claim DV based on the citizenship of your parents, provided they were not resident of the country where you were born. Both my parents are French and were not resident of Brazil when I was born, thus I can claim France for DV *. (Hence my case number being EU).

Once again
- Has anyone experienced claiming a different country than his/her country of birth, how did it go?
- Has anyone experience with CP in Montreal?
- According to KCC, since I lived in Canada prior to being in the US, I can do CP either here or in Brazil, not in France. Same for medical tests... any opinion on the accuracy of that statement?

* see http://www.travel.state.gov/pdf/2009DVInstructions.pdf

Second, if you were born in a country whose natives are ineligible, but neither of your parents was born there or resided there at the time of your birth, you may claim nativity in one of your parents’ country of birth if it is a country whose natives qualify for the DV-2009 program.

 

[raevsky]

However, you are allowed to claim DV based on the citizenship of your parents, provided they were not resident of the country where you were born.

And I asked you some questions, without answering which it is not easy to prove your parents were not residents of Brazil. BTW, your country could be based on the country of birth of your parent, not on his or her citizenship.

Both my parents are French and were not resident of Brazil when I was born, thus I can claim France for DV *.

Not necessarily. You will need to prove what you are saying. Saying that is not enough. For instance, if that was a vacation, they need to prove that. If it was not, they could be considered residents of Brazil under some circumstances, even though they did not live there permanently. Moreover, it is not really possible to say now who your real father is (not the guy who lived with your mother). Without figuring that out you cannot prove your real father was not a resident of Brazil. If you answer the questions I ask it might be possible to say whether you are able to prove that or not.

Only when we figure out whether you are eligible or not it makes sense to talk about the consulate.

Has anyone experienced claiming a different country than his/her country of birth, how did it go?

Yes. Usually the consulates require a real proof of your eligibility.

 

[grise]

And I asked you some questions, without answering which it is not easy to prove your parents were not residents of Brazil.

Did they work at that point?
Where were their employers located?

They worked and were self employed I believe (taking passengers on the boat).

Did they work at that point?
Was it some kind of very long vacation or a part of their duties?

Neither

What kind of proof of your father's paternity over yourself do you have?
Is he listed as your father on your birth certificate?

Yes I'm almost certain he is, I'll have to check to make sure, but let's assume he is.

Have you both done DNA test?

No. I don't have any doubts but isn't legal paternity what they care about anyway ? Should I bring a test to the interview ? Before I even send back the package ?

Not necessarily. You will need to prove what you are saying. Saying that is not enough. Moreover, it is not really possible to say now who your father is. Without figuring that out you cannot prove your real father was not a resident of Brazil.

It's very hard to prove the negation of something. How do I prove my parents were *not* resident of Brazil? Signed testimony by witnesses?

At which point do I need to show these proofs ? Should I worry about that before returning the initial package or after ?

 

[raevsky]

They worked and were self employed I believe (taking passengers on the boat).

They will have to prove they were not employed and were self-employed. A copy of their tax return (in France) for that year will do.

I don't have any doubts but isn't legal paternity what they care about anyway ?

Yes, if he adopted you, that is enough. If not, how do you know he is legally your father? You will also require proof of parent-child relationship then.

Should I bring a test to the interview ?

Yes.

Before I even send back the package ?

No, you will have to bring it to the interview.

Should I worry about that before returning the initial package or after ?

Only after, if you have enough time after that to produce the proof.

 

[grise]

Thank you for your help. Since my parents were not residents of France, I don't think they filed tax returns. Technically they were in international waters most of the time. What kind of documents could I show to support that ?

 

[joesoap101]

My country of birth and chargeability were differrent. They didnt care about it in the embassy, they didnt look at it and they didnt ask any questions.

You are entitled to claim chargeability of France based on the facts you have stated here. Dont pay too much attention to the folks who blow everything out of proportion. If you simply explain the situation at the embassy there will be no problem, and that is if they even ask anything about it, as they didnt in my case.

 

[raevsky]

Thank you for your help. Since my parents were not residents of France, I don't think they filed tax returns. Technically they were in international waters most of the time. What kind of documents could I show to support that ?

Was that their boat? Or was it rented? Documents for rent or ownership of the boat and documents from the ports where she stayed will be probably enough. Maybe they will go easy on you and just ask for documents on the boat itself.

 

[grise]

joesoap101: thanks, this is very reassuring ! Better safe than sorry though ;-)

raevksy: yes they owned the boat and it had a french flag (which does not make them French resident though). I'll see if I can find those documents.

 

[raevsky]

My country of birth and chargeability were differrent. They didnt care about it in the embassy, they didnt look at it and they didnt ask any questions.

You are entitled to claim chargeability of France based on the facts you have stated here. Dont pay too much attention to the folks who blow everything out of proportion. If you simply explain the situation at the embassy there will be no problem, and that is if they even ask anything about it, as they didnt in my case.

You were probably lucky. That is unusual. For some examples look

http://www.itsmypage.com/forum/viewtopic.php?t=9505&highlight=roditeliam

The comments are mostly in Russian, but a lot of materials, laws, examples, comments, stories from forums are in English too. I hope that helps a lot.

Search for a couple of examples - "I was born and raised in London, U.K where I reside to this day" and "Matter of Neuschul".

 

[raevsky]

1)-- My guess is that I have better chances with CP, right or wrong?

Not necessarily.

If I go with
CP, I have to put either the place where I lived before entering US or my birth country.

Since 16.

2)--Is it the country I lived "just" before entering US, or any country I lived before?

All of them

I was living in Paris, and then moved for a year to Montreal, as an international student, I should then put Montreal for CP?

Probably.

6)--They ask for the list of times I have come to United States. When I was living in Canada, I was coming very often by bus on the we. Should I put all the week end times *note, they only ask for the month, not the days*, or should I just put the dates of my I-94 ?

All your trips not from canada + say "about every week from Vanada between dates...

 

[Mihiranga]

Hello, I received my NL a few weeks ago.
My case is : 2009EU00019***
I have a few questions:
I live in US, on a F1 visa. I was born in Brazil (country not elligible for DV)
but both of my parents were born in France, I am then claiming their nativity.
The medical paper they sent me are in Portuguese, with a Brazilian Consular office address. In the papers they ask if I want AOS or CP.

1)-- My guess is that I have better chances with CP, right or wrong? If I go with
CP, I have to put either the place where I lived before entering US or my birth country.
2)--Is it the country I lived "just" before entering US, or any country I lived before?
I was living in Paris, and then moved for a year to Montreal, as an international student, I should then put Montreal for CP?
3)--Has anyone had CP in Montreal, and would like to share its experience?
4)--Has anyone born in Brazil done the DV, claiming another nativity and would like to share its experience?

They also ask for a current address. The problem is that I know I will have to change apartment in October.
5)--Does it delay the application in anyway, to call and make an address change? Has anyone done that yet? Or is it better to stick to the same address?
6)--They ask for the list of times I have come to United States. When I was living in Canada, I was coming very often by bus on the we. Should I put all the week end times *note, they only ask for the month, not the days*, or should I just put the dates of my I-94 ?

Thank you very much. Please, feel free to comment and give any other advices you think of.

Are you married by any chance? If so you can claim you can be charged to your spouce's native country.

CP is usually quicker than AOS. If your CN is high doing CP is much safer because of the possibility that the AOS process may not have completed by Septembe 30 2008.
One advantage of AOS though is that you don't have to get police certificates from all the countries you've lived in after the age of 16.

I personally think that you shouldn't worry too much about what exactly you need to prove to show that your parents were not resident in Brazil when you were born. Gather whatever evidence you can.
Examples you can go for:
1) Affidavits from your parents concerning what they were doing in Brazil at the time you were born.
2) Affidavits from friends of your parents who knew them at that time.
3) Pictures they may have taken of the time they were in their sailing boat.
4) Copies of their old passport which may have tourist visas or some other type of temporary visa that wouldn't have allowed them to work in Brazil.

 

[christinegv]

Hi grise,
I have a few info in portuguese that might help you, do you have an email address?

 

[santay]

Hey you g..whatever,

This is not a Porn forum,so could you please do us a FAVOR and stop posting your stupid porn in here.Gosh...aren't ashemed of your self.I guess you do not have anything productive to do with your self.

Get a life!!