My wife is main winner of a lottery of the Green Card.She was born in Republica of Armenia, but a citizen of Russian Federation. When we filled all the documents we moved on the basis of instructions Confirmation US Department of State. In particular is written COUNTRY OF BIRTH USED TO PARTICIPATE IN THE PROGRAM DV - country of birth to participate in the DV lottery is usually the one where you were born, rather than the country where you live. "Native" - this is usually a person born in a particular country, while this person may now live in another country, or be a citizen of it. We played the lottery green card in Yerevan based instructsion.We live in Yerevan from 2008 to present time.she has Armenian certificate of birth. From 2008 to the present time she is a leading lawyer. I am a citizen of the Republic of Armenia was born here, her parents born here.our interview took place on 21 August. during the interview consular officer said that because you a citizen of Russia we must ask for you number from Russia.And if it does not, we can not do anything, and you can play the next time.Excuse me at first we did not break anything and secondly on the foundations of the Immigration and Nationality Act of USA we write all right.On bases of the instructive document our immigration visas should give the country where we born and that is Armenia.I do not knew what we can do.possible such that at the end of the admin checks found nothing just say Sorry visa ran out and everything good bay.Our passports left after the interview at him .All written according to the instructions.
Won DV, have dual nationality, was born in a non eligible country, also my parents.
- Thread starter mikelaingeru
- Start date
Britsimon
Super Moderator
From a chargeabilty point of view you are right and the embassy have it wrong. I have posted the exact laws previously, so let me know if you need those. Your citizenship is completely unimportant, only the country of birth of the principal selectee is important.
Furthermore, visa availability is regional, not country specific (apart from a 7% limit per country) so Armenia/Russia makes no difference.
It sounds like you are waiting for them to confirm their charge ability confusion and visa availability. The charge ability will not give them grounds for denial, so visa availability is the only issue. As long as this is resolved within the month of original interview you should be ok. If you are on AP from one month to another your pre allocated visa may be returned to the pool and then they would need to request another. That could be a problem as visas are running out.
Britsimon
Super Moderator
They kept your as sports - right? If yes, you probably do not need to do anything. If you can get to the embassy you could print out the 9 FAM DV lottery rules, and the Deeper rules on cross chargeability. However, I would be very surprised if charge ability was found to be an issue, it sounds like your CO was inexperienced, so a supervisor will correct that error.
Did you reschedule your original interview?
Britsimon
Super Moderator
I am guessing that a supervisor will review the cases - especially those being put on AP or denied.
Britsimon
Super Moderator
I would try speaking to someone, you would want this charge ability issue resolved ASAP, so you avoid them returning your visa at the end of the month. By all means write as well quoting the laws, and requesting immediate resolution of any delay.
Britsimon
Super Moderator
OK - there are two ways to consider this - the DV rules and the laws in polace over all immigration - INA)
The DV rules say this:-
9 FAM 42.33 N4.1 Regulatory Definition
(CT:VISA-1478; 08-26-2010)
“Native” ordinarily means both someone born within a particular country,
regardless of the individual's current country of residence or nationality. "Native"
can also mean someone entitled to be “charged” to a particular country under the
provisions of INA 202(b) (8 U.S.C. 1152(b)).
Your case is covered under (2) below:-
Immigration and Nationality Act (202b)
Section 202(b)
(b) Rules for Chargeability. – Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-
(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year.
(3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and
(4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien’s birth may be charged to the foreign state of either parent.
Britsimon
Super Moderator
Well it shows they are updating something - hopefully it will switch to issued soon!
Britsimon
Super Moderator
There is no justification for a denial, based on what you have said.
Britsimon
Super Moderator
No harm in writing again - and perhaps quote the relevant laws.
Britsimon
Super Moderator
Sergio Villani
New Member
Hi every one, I was born in Brazil, but I also have Italian nationality, but i'm not sure about my eligibility.
My father was born in Italy and he still live ther with may mother, but she is brazilian.
I got a Italian nationality directly from may father but actually i´m living in Brazil.
I would to known if i am elegible, can anyone help me?
My father was born in Italy and he still live ther with may mother, but she is brazilian.
I got a Italian nationality directly from may father but actually i´m living in Brazil.
I would to known if i am elegible, can anyone help me?