Cross-Chargeability to Parent's Birthplace and Canadian I-485

[MapleCrepeTaziki 0]

Hello! I've done A LOT of reading and I think I have figured out my plan, but I would love any feedback. This is a truly amazing forum with very high quality contributors and I am grateful for everything I have learned so far. Thank you for taking the time to read this.

SHORT VERSION:

I'm a DV2015 Selectee. I have Canadian and French citizenship. Neither of my parents were born in Canada and I don't think they were technically "residents" of Canada on the day of my birth but they did end up staying in Canada afterward. I'm currently in USA on Canadian TN-1, want to switch status and get temporary work authorization rather than go back to Canada and apply through the consulate.

1.How do I indicate I want to charge myself to one of my parents' countries of birth?

2. What is the fastest way to pay the $330 DVLottery fee in order to get the receipt?

3. Any tips for TN to i-485?

4.How long does it take to process an i-131?

5.How long does it take to process an i-485?

Tips? Suggestions? Thank you

LONG VERSION:

I hadn't read the instructions and so I applied for the Diversity Visa using my French passport thinking I qualified as a "French national" even though I was born in Canada... AND I WON! Or at least I am a Selectee! My Case Number mid-range/low (it's below the June 2014 cut off EU00032950) and so I think that I will get a chance to interview sometime next year. I also meet the education requirement as I have a high school diploma and a B.A.

The good news is that although I put down the wrong country on my application, since my dad was born in Monaco and my mom was born in Athens(and they are the same region as France), I gained no advantage by claiming France and I am hoping that I can qualify for Cross-Chargeability to either of my parents' birth countries (or City-States rather). PHEW!

Should I pick Monaco or Athens? Is there an advantage of one over the other? Where can I put this in writing? in the DS-260 somewhere?

Proving my parents' places of birth is easy to do (I am thinking of trying to get certified copies of their birth certificates?) but what is typically required to prove their non-residency at the time of my birth? Are the interviewers typically very particular about the non-residency aspect?

A Link to Canada's loosely-defined residency policy http://www.cra-arc.gc.ca/tx/nnrsdnts/cmmn/rsdncy-eng.html

Would not being required to pay taxes in 1988 be enough proof?

I am a Canadian currently living in the United States on a TN-1 Management Consultant visa. If I can get approved for travel, I'd go to Europe/Canada for the summer while my I-485 is pending.

I think that an I-131 Advance Parole request is justified because before the DV results were available, I had agreed to go to Europe for June/July to help set up an office for a family member's company and then I am the maid of honour in my best friend's wedding in Canada in August. Once I got my temporary work authorization (which presumably will arrive at my USA apartment where my roommate can hold it for me by September) I believe I'd have some freedom to work at different jobs (including my current TN-1 employer) until my interview. How long do the AP I-131s usually take?

Is there anything I need to do to end my TN-1 visa formally or is it ok to just let it expire? I can't simply tear it out of my passport because they switched to digital TNs last spring.

SO right now, my plan is to finish up the DS260 ASAP, mail a $330 "Adjustment Of Status" cashier's cheque to U.S. Department of State in St. Louis, do my medical (i don't mind if I have to do another one closer to my interview) and assembling the I-485 to be able to submit it as soon as I get the $330 DV Fee payment receipt.

Is there any other (faster) way to pay the $330 fee?

What do you guys think?

Thank you again for your time and brain power.

[SusieQQQ 11,584]

Ok, first things first. You ABSOLUTELY HAVE to prove that your parents were not resident in Canada when you were born there - which could be difficult if as you say they ended up staying there. If you cannot prove this you will be disqualified. So - difficult as it may be given how long ago that was - you need to get as much in the way of documentation, evidence, affidavits etc about what they were doing in Canada, what visas they were on, and so on. I would be rather nervous that having stayed on there means you will not be able to show they were there temporarily. And if you can't do that, you can't claim chargeability from your parents and will be disqualified. In response to your question, yes interviewers are very particular about correct country of chargeability, which unless you have the "easy" option of a spouse can be pretty difficult to change from your country of birth. So before you start paying fees, I think you should amass as much evidence as possible to try prove your parents were in Canada temporarily.

[MapleCrepeTaziki 0]

SusieQQQ,

Although she is Canadian and grew up in Canada, my mother left Canada in 1984 and became a resident of Hong Kong and was NOT a resident of Canada when she was living and working in Hong Kong. She and my dad were going to stay in Hong Kong and have me there, but when my mother's father's health took a turn for the worse she riskily jumped on a plane at 7.5+ months pregnant to get home and ended up having me before the end of the year(her father ended up passing away less than a year later). For all intents and purposes my parents had planned to go back to Europe or Hong Kong, but ended up staying in Canada for family support reasons.

Getting signed affidavits might be tough... By chance, do you know if there is a protocol if a DV Selectee is not on good terms with their parents?

[SusieQQQ 11,584]

Phew, sorry I don't know about the last question

Here is a link to someone who managed to do it - you may get some ideas/ insight about how to try go about it - though you will also see it is not a simple matter. Good luck!

http://forums.immigration.com/forum/immigrant-visas-green-cards/lottery-visas-dv/351011-successful-but-stressful-visa-interview-%C2%96-born-in-non-chargeable-country

Edited May 22, 2014 by SusieQQQ

[MapleCrepeTaziki 0]

Phew, sorry I don't know about the last question

Here is a link to someone who managed to do it - you may get some ideas/ insight about how to try go about it - though you will also see it is not a simple matter. Good luck!

http://forums.immigration.com/forum/immigrant-visas-green-cards/lottery-visas-dv/351011-successful-but-stressful-visa-interview-%C2%96-born-in-non-chargeable-country

Thank you so much, SusieQQQ!

I will post an update if I find any stories that can help me (or others in a similar situation) out.

[Britsimon 18]

SusieQQQ,

Although she is Canadian and grew up in Canada, my mother left Canada in 1984 and became a resident of Hong Kong and was NOT a resident of Canada when she was living and working in Hong Kong. She and my dad were going to stay in Hong Kong and have me there, but when my mother's father's health took a turn for the worse she riskily jumped on a plane at 7.5+ months pregnant to get home and ended up having me before the end of the year(her father ended up passing away less than a year later). For all intents and purposes my parents had planned to go back to Europe or Hong Kong, but ended up staying in Canada for family support reasons.

Getting signed affidavits might be tough... By chance, do you know if there is a protocol if a DV Selectee is not on good terms with their parents?

From what you have said so far, and particularly the way you have worded this last explanation, you would be 99% certain to be denied. The picture you are painting is an Athens born Canadian citizen who was away for a while in Hong Kong and then "returned home" to Canada where she then continued to live (to this day, I assume). Your case is actually that when she jumped on that plane it was not to get home, but to get to her sick fathers home and then somehow they stayed on. That is clearly what you are trying to say, but it is not well worded.

Regarding affidavits - you won't have a hope without them. I think you will probably need to provide the following:

Proof (probably in the form of residency papers) that your mother and father were legal HK residents before your birth.

Proof that they continued (at least for some time) to maintain residency after your mother left (enforcing the idea that they intended to return)

An affidavit from your mother/father stating the whole story.

Without that, I can't see the case getting approved - so you are going to need cooperation from your parents. Just FYI, even with those, you may still be denied, so you must be prepared to gamble with medical and processing fees. In CP cases, there is no appeal process for this type of denial.