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Amir242

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Filed: Timeline

Sorry if this question has been asked before however I was wondering if I am eligible to enter the Diversity lottery? I was born in the U.K. and have lived here all my life, I realise that means at the moment I am not eligible but my dad was born in Tunisia and still has citizenship there and a business there, he lives in the UK. I have a Tunisian passport and ID card but have only been there once. My mothers was born and raised in the UK, can I apply on my Tunisian side or through my dad???

Any help would be greatly appreciated and apologies in advance if this has already been asked.

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Filed: Other Timeline

Sorry if this question has been asked before however I was wondering if I am eligible to enter the Diversity lottery? I was born in the U.K. and have lived here all my life, I realise that means at the moment I am not eligible but my dad was born in Tunisia and still has citizenship there and a business there, he lives in the UK. I have a Tunisian passport and ID card but have only been there once. My mothers was born and raised in the UK, can I apply on my Tunisian side or through my dad???

Any help would be greatly appreciated and apologies in advance if this has already been asked.

Amir242, Yes you can claim the country of birth of one of your parents, in this case your dad because you are entitled to be charged to a country other than the one in which you were born under the provisions of Section 202(b) of the Immigration and Nationality Act.

Normally your country of eligibility will be the same as your country of birth, but you may choose your country of eligibility as the country of birth of your spouse, or the country of birth of either of your parents if you were born in a country in which neither parent was born and in which the parents were not resident at the time of your birth. In other wards if by the time you were born in UK your dad was not a legal resident, even though he might have been present in UK at the time, makes you eligible to claim Tunisia as your country of changeability based on your father.
People are not generally considered residents of a country in which they were not born or legally naturalized, if they were only visiting, studying in the country temporarily, or stationed temporarily for business or professional reasons on behalf of a company or government from a different country other than the one in which you were born. So if that is true of your father when you were born in UK then DING! DONG!, you are in the game.
Do not forget, though, to give explanation to that fact on the E-DV Entry Form, in question #6.
Good luck

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Amir242, Yes you can claim the country of birth of one of your parents, in this case your dad because you are entitled to be charged to a country other than the one in which you were born under the provisions of Section 202(b) of the Immigration and Nationality Act.

Normally your country of eligibility will be the same as your country of birth, but you may choose your country of eligibility as the country of birth of your spouse, or the country of birth of either of your parents if you were born in a country in which neither parent was born and in which the parents were not resident at the time of your birth. In other wards if by the time you were born in UK your dad was not a legal resident, even though he might have been present in UK at the time, makes you eligible to claim Tunisia as your country of changeability based on your father.

People are not generally considered residents of a country in which they were not born or legally naturalized, if they were only visiting, studying in the country temporarily, or stationed temporarily for business or professional reasons on behalf of a company or government from a different country other than the one in which you were born. So if that is true of your father when you were born in UK then DING! DONG!, you are in the game.

Do not forget, though, to give explanation to that fact on the E-DV Entry Form, in question #6.

Good luck

This is an INCORRECT interpretation! DV is very specifically based on country of birth only except for (1) if you have a spouse you can cross charge to or (2) your parents were only temporarily in your country of birth and you can prove that. The OP's post makes it quite clear that they were not there temporarily as he has lived there his whole life and the father lives there! It has nothing to do with the legal resident status of the father. It is quite clear the parents were not there temporarily so Amir cannot claim father's birthplace.

So Amir no, unless you have a sppuse born in an eligible country, you are not eligible.

Edited by SusieQQQ

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This is an INCORRECT interpretation! DV is very specifically based on country of birth only except for (1) if you have a spouse you can cross charge to or (2) your parents were only temporarily in your country of birth and you can prove that. The OP's post makes it quite clear that they were not there temporarily as he has lived there his whole life and the father lives there! It has nothing to do with the legal resident status of the father. It is quite clear the parents were not there temporarily so Amir cannot claim father's birthplace.

So Amir no, unless you have a sppuse born in an eligible country, you are not eligible.

SusieQQQ, you are correct in everything you said. However if you read my post carefully I am not deviating from what you are saying and I quote from my post "...In other wards if by the time you were born in UK your dad was not a legal resident, even though he might have been present in UK at the time, makes you eligible to claim Tunisia as your country of changeability based on your father... and "...People are not generally considered residents of a country in which they were not born or legally naturalized, if they were only visiting, studying in the country temporarily, or stationed temporarily for business or professional reasons on behalf of a company or government from a different country other than the one in which you were born. So if that is true of your father when you were born in UK then DING! DONG!, you are in the game"

His post was silent about his fathers permanent residence at the time of his birth, so I threw it out there for him that "YES" if what I wrote were true for his father. May be I was wrong to assume that he would automatically know that the answer is "NO" if his father was a permanent resident then.

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Again - it doesn't matter if his father was a permanent resident or not, or what his visa was etc. That is not the deciding factor. Both his parents would have to be temporarily resident there when he was born. The fact that he never left the UK to live somewhere else, that his mother is british and still lives there , that his father still lives there, all make it quite clear that they were not there temporarily.

There was a case posted on another forum, someone's parents were in the UK on a student visa when they were born. They subsequently stayed in the UK. The visa was denied. It is not the visa status at time of birth that matters, it is whether they were there temporarily or not.

You began your post by saying yes he can claim his father's country....which is wrong.

Edited by SusieQQQ

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Filed: Timeline

SusieQQQ, you are correct in everything you said. However if you read my post carefully I am not deviating from what you are saying and I quote from my post "...In other wards if by the time you were born in UK your dad was not a legal resident, even though he might have been present in UK at the time, makes you eligible to claim Tunisia as your country of changeability based on your father... and "...People are not generally considered residents of a country in which they were not born or legally naturalized, if they were only visiting, studying in the country temporarily, or stationed temporarily for business or professional reasons on behalf of a company or government from a different country other than the one in which you were born. So if that is true of your father when you were born in UK then DING! DONG!, you are in the game"

His post was silent about his fathers permanent residence at the time of his birth, so I threw it out there for him that "YES" if what I wrote were true for his father. May be I was wrong to assume that he would automatically know that the answer is "NO" if his father was a permanent resident then.

In addition to starting your post with "yes" which Susie rightly disagreed with, part of the confusion/misinformation with it also has to do with your choice of word. You wrote that he can cross charge to Tunisia if his Dad wasn't a 'legal resident' of the UK at the time of his birth. The parents legal or illegal residency status has nothing to do with the exception about cross-charging. The condition that has to be met is whether the residency was of a TEMPORARY nature or not.

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In addition to starting your post with "yes" which Susie rightly disagreed with, part of the confusion/misinformation with it also has to do with your choice of word. You wrote that he can cross charge to Tunisia if his Dad wasn't a 'legal resident' of the UK at the time of his birth. The parents legal or illegal residency status has nothing to do with the exception about cross-charging. The condition that has to be met is whether the residency was of a TEMPORARY nature or not.

LOL - I was just looking at the same post - and about to add my support of what Susie said. Given the mother is British born, that is game over because the rules say:

"A child born in a non-qualifying country in which neither parent was born
nor resident at the time of the child’s birth, may claim the birthplace of
either parent;"

So - there is no doubt, no wiggle room and considering your own post included the words I have bolded above it is unfortunate that you (Giusseppe) gave such an overly optimistic response which was clearly incorrect.


DV Lottery information - www.BritSimonSays.com

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Filed: Other Country: Cameroon
Timeline

Hello,

please i need help in understanding what might be wrong with my DV lottery visa application at the embassy in yaounde. I was interviewed on the 16th of September 2014 and the consular officer told me at the end of my interview that my visa has been approved and he gave me a yellow paper to come on the 9th of Oct 2014 at 3PM tp pick up my visa. I was at the embassy on the 9th of Otober and while the names were being read for pick ups, i did not hear name, no further information was given to those of us who didnt hear our names as when next we should call at the embassy or what to do. Curiously, I called the embassy on the 15th of October to find out about my visa, I was asked my case number which i gave and i was asked to come back on the 22/10/14 for a final decision. I told the lady that i do not understand what she meant by ''final decision'' because the consular officer already informed me during my interview that my visa has been approved so what final decision could she mean this time but she insisted that i come back to the embassy for a final decision on the 22/10/14

I just wish to find out if there could be a problem with my visa considering that people who were interviewed with me on the same day received their visas on the 9th of October 2014.

Thanks and waiting for your reply.

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Filed: Timeline

Hello,

please i need help in understanding what might be wrong with my DV lottery visa application at the embassy in yaounde. I was interviewed on the 16th of September 2014 and the consular officer told me at the end of my interview that my visa has been approved and he gave me a yellow paper to come on the 9th of Oct 2014 at 3PM tp pick up my visa. I was at the embassy on the 9th of Otober and while the names were being read for pick ups, i did not hear name, no further information was given to those of us who didnt hear our names as when next we should call at the embassy or what to do. Curiously, I called the embassy on the 15th of October to find out about my visa, I was asked my case number which i gave and i was asked to come back on the 22/10/14 for a final decision. I told the lady that i do not understand what she meant by ''final decision'' because the consular officer already informed me during my interview that my visa has been approved so what final decision could she mean this time but she insisted that i come back to the embassy for a final decision on the 22/10/14

I just wish to find out if there could be a problem with my visa considering that people who were interviewed with me on the same day received their visas on the 9th of October 2014.

Thanks and waiting for your reply.

What's your CN? Are you a DV2014 selectee?

Edited by Sm1smom

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Filed: Other Country: Cameroon
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A friend of mine called me today informing me that her documents were returned to her on the 15th of October 2014 at the US embassy in Yaounde and the embassy expressing their appology that visas were limited. She had been interviewed on the 5th of August 2014 and her visa approved and she was issued a yellow paper to pick up her visa, her file needed her police records inorder to be complete which she submitted it 3 days later. Since then the embassy has never called her. From mid september 2014, she has been visiting the embassy every wednesday and thursday to find out if her visa is ready. She was a 2014 DV selectee. I am just wondering how people who were interviewed with me on the 16th of September picked up their visas on the 9th of October and someone interviewed on the 5th of August is being told that visas were limited and her documents returned to her?

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Filed: Timeline

Thanks for your concern, I am a DV 2014 selectee and CN is 2014AF00076071 rather.

Waiting please

Have you tried checking what the status of your visa is by checking on the CEAC site? You will need to remove the zeros in front of your CN in order to get a response from the site.

https://ceac.state.gov/CEACStatTracker/Status.aspx?eQs=o/iS8zDpeAKjMWCuebHqOw==

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