Green Card Lottery/Diversity Visa Program

[rockafficiando]

My wife has recently acquired French citizenship by descent. She is yet to receive a French Passport

We are planning to register her in the 50000 cap yearly Green Card Lottery.

Does the lottery depend on country of birth or country of citizenship?

Do acquired French passport/citizenship(being born in India) have any preference in the US Green Card Lottery a.k.a Diversity Visa Program? What would we need to go and register my wife and try our luck? Can we still apply for the 2014 slot? If so, I wanted to know the costs and the avenue to do that.

[JoeF]

Country of birth is what matters.

[rockafficiando]

So she cannot enter the Lottery program being born in India?

[catx]

So she cannot enter the Lottery program being born in India?

Yes, that is correct. As JoeF posted, it is the country where a person was born (country of birth) that applies to U.S. immigration, and not their (original / subsequent / current / pending) citizenship and passport.

[JoeF]

So she cannot enter the Lottery program being born in India?

Correct.

[rockafficiando]

Thank you for confirming the same.

[rockafficiando]

What do we need do for my wife's current work H1B status if she renounces her Indian passport when her French passport arrives(India doesn't allow dual citizenship). Do we have to reapply H1 all over again. If so, is in the 65000 cap again(which I think is met this year).Or can we do some sort of H1 transfer between the 2 passports keeping the same I-94 she has on her I-797 and Indian passport when she entered.

Reason I ask is her H1B I-797 says Country of Citizenship as INDIA in the I-94 below (because her passport w=on entering is Indian)

But she will be getting her French Passport by mail soon.

Does she need to ask her employer to do H1 all over again

Or just use the current I-797 and get a stamping when she leaves the Country.

If the later is true we are thinking of making a Canadian trip as she doesn't need a Canadian visa too to go into Canada.

[JoeF]

That has already been answered on your other post.

[rockafficiando]

Thank you JoeF !Im taking that as a Yes to going into Canda with the new passport and getting stamped using current I-797

Had one last question though.

So when we have to get driver's licenses in a place like FL, we have a direct link to Soical

Now when we present our french Passport, i've heard stories about how Social Security system is not Integrated with the DOT or the USCIS

Also social securities of non-immigrants cannot be updated(like there is no current process i believe)

Would you happen to know anything about that?

[JoeF]

The social security administration DOES check with USCIS.

Whatever "stories" you've heard, they are most likely wrong. Don't listen to rumors.

[rockafficiando]

Thanks again JoeF

[rajverma76]

I was born in Bahrain and have a B1/B2 visa (Jan 2013) . I am an Indian and currently now in India, am I allowed to try for Diversity Visa Lottery here in India?

[JoeF]

The country of birth is what matters, so you are likely able to participate in the DV lottery.

[NishaV]

The country of birth is what matters, so you are likely able to participate in the DV lottery.

I'm born in Malaysia and at present I'm in US with H4 visa. My husband is an Indian national and his visa status here in US is H1-B with his green card have already been filled. Can i try on this lottery? Can you provide me a little more information on the lottery and how does it work and what is required.

Thank you.

[catx]

I'm born in Malaysia and at present I'm in US with H4 visa. My husband is an Indian national and his visa status here in US is H1-B with his green card have already been filled. Can i try on this lottery? Can you provide me a little more information on the lottery and how does it work and what is required.

Thank you.

 

A couple points ... First, the Diversity Visa (DV) for the next fiscal year (FY2015) closes in less than 2 weeks (November 2, 2013) and the lottery winners will not get their visa for several months to a year.  Second, there are 50,000 Diversity Visas available and many, many (many) more applications so the chance of being selected in the lottery is limited at best.

 

If your husband has filed the the actual permanent residency (green card) I-485 adjustment of status application, then the best course of action would seem to be filing your own derivative I-485 adjustment of status application.  You should then both get your permanent residency visas (green cards) in a few months and there is no lottery.

[JoeF]

http://www.travel.state.gov/visa/immigrants/types/types_1322.html

[josekani]

HI

my wife is born in UAE but an Indian citizen, she is now on her H4 visa. my labor is approved for EB3 and Nov 2011 is my priority date. Does my wife is eligible for applying green card lottery?, when will be the date for next GC lottery application.  Is it advisable to go for green card lottery if she is eligible or better to go for Cross chargeability option? Suppose If I go for Cross chargeability option and gets rejected, can I go for lottery?

Please advise?  Any help is really appreciated

 

Thanks you

[JoeF]

These are not mutually exclusive. She can apply for the GC lottery and at the same time you can use cross-chargeability.

I think the DV lottery is closed for this year, though.

[josekani]

Thank you JoeF, in my scenario I born in India and trying to use cross chargeability based on my wife’s place of birth. Are you saying I can use cross chargeability using my wife’s POB and she can apply through  DV ?

[JoeF]

Thank you JoeF, in my scenario I born in India and trying to use cross chargeability based on my wife’s place of birth. Are you saying I can use cross chargeability using my wife’s POB and she can apply through  DV ?

Yes. Her DV application is completely independent of using cross-chargeability for your EB case.