Jump to content
Sign in to follow this  
gaia

Entering in the DVLottery will jeopardize the B1/B2 I already have and will I have problems in the future to get any non-imm visa? Urgent

11 posts in this topic

Recommended Posts

Filed: Timeline

I have a B1/B2 visa, valid for 10 years, and every year I can afford to go to Miami on vacation for 2-3 months (I'm 30, Italian, I work in my family company).


I’d love live in the US if one day I’ll have the possibility, so I’m thinking of entering in the DV Lottery.


I have a question: if I won’t win the lottery OR if I’ll win and send documents to KCC but I’ll not get the GC because I have a high number case, the fact that I entered into the lottery will jeopardize the B1/B2 visa that I already have and will effect my eligibility to receive any nonimmigrant visa in the future (a tourist visa again, or work, ...)?


I'm asking this question because I don't want to have problems next time I will go in the US. Please I need advice because the Lottery will end in a few days. Thanks in advance for the reply.



Share this post


Link to post
Share on other sites
Filed: Other Country: Ireland
Timeline

I don't know the answer to your question but the chances of winning the lottery are so small that you might as well apply. I have been doing it for 13 years and I finally got selected for DV 2015.

Share this post


Link to post
Share on other sites

Just entering the lottery will not be an issue.

If you win and send in your DS260, that is considered immigrant intent. However, as long as you have sufficient proof that you have ties back home eg job, house etc you should be fine to enter on B1/B2. I did this a few times while having an immigrant petiiton in progress, first family based then DV, I even got my B1/B2 visa renewed while it was all going on, no problem. The fact that you have been on a number of holidays before and always gone home will also support that you do not plan to illegally immigrate.

Share this post


Link to post
Share on other sites
Filed: Timeline

Just entering the lottery will not be an issue.

If you win and send in your DS260, that is considered immigrant intent. However, as long as you have sufficient proof that you have ties back home eg job, house etc you should be fine to enter on B1/B2. I did this a few times while having an immigrant petiiton in progress, first family based then DV, I even got my B1/B2 visa renewed while it was all going on, no problem. The fact that you have been on a number of holidays before and always gone home will also support that you do not plan to illegally immigrate.

Thanks for your reply.

I would love to live in the USA, but I am scared of 2 things:

1) that if I entering in the Lottery, i will have problems in the future if I decided to renew the B1/B2 visa, or if I decide for example to go back to school and get a F1 visa, or get a work visa, ... any kind of non immigrant visa, because partecipate in the Lottery means that I would like living in the US and show an immigrant intent..

2) The other thing I am afraid of is that I always stay a few months in the US, I always go back home, it's true, but for a lot of people 2 months is a lot of time... So that can be a fact that support my desire to live in tha US... What do you think?

3) another thing is that at the airport the officer will see via computer that I applied for the DV, and she or he might think that I want to stay in the US, but it's not true! I want to stay in the US if I have the possibility, otherwise I will stay here in my country

What do you think? Should I stopped to be scared?

Share this post


Link to post
Share on other sites
Filed: Country: Moldova
Timeline

I know of one person who was denied a B1B2 and they mentioned her application to the DV lottery during the interview. This was not in an EU country so I can't imagine you would have an issue considering you've held a visa for so long and have not just stayed there.

Share this post


Link to post
Share on other sites

Gaia... Yes I think you can stop being scared. I visited the US at least five times with my various petitions active,and yes I am sure the CBP officer on entry could see that status when I entered, and they never once even asked about it, just the usual questions. The only questions were when I renewd my visa, at the embassy, and they were satisfied, that while I had demonstrated immigrant intent that I was not a risk for illegal immigration.

Please re-read my post about when you are deemed to have shown immigrant intent.

Submission of DS260 may be a problem for an F1 visa as with that you are leaving home for a few years. For B1, no problem, for reasons explained before. If by work visa you mean H1 or L1, well those are both dual intent anyway so it doesn't matter at all for those.

Out of interest, why do you even have a visa - as Italian, don't you qualify for VWP?

Edited by SusieQQQ

Share this post


Link to post
Share on other sites

I know of one person who was denied a B1B2 and they mentioned her application to the DV lottery during the interview. This was not in an EU country so I can't imagine you would have an issue considering you've held a visa for so long and have not just stayed there.

Maybe the person didn't want to tell you the real reason they got rejected?

Entering the lottery is not immigrant intent.

Winning the lottery is not immigrant intent.

Submitting a DS230/260 form is immigrant intent. This is the oniy stage at which it can be "used" against you, and then it is only as 'extra' proof...Bear in mind that the starting presumption for any non immigrant visa is one of immigrant intent that has to be overcome. If your friend had had enough to show them she was not at risk of illegal immigration she would have been fine.

Share this post


Link to post
Share on other sites
Filed: Timeline

Gaia... Yes I think you can stop being scared. I visited the US at least five times with my various petitions active,and yes I am sure the CBP officer on entry could see that status when I entered, and they never once even asked about it, just the usual questions. The only questions were when I renewd my visa, at the embassy, and they were satisfied, that while I had demonstrated immigrant intent that I was not a risk for illegal immigration.

Please re-read my post about when you are deemed to have shown immigrant intent.

Submission of DS260 may be a problem for an F1 visa as with that you are leaving home for a few years. For B1, no problem, for reasons explained before. If by work visa you mean H1 or L1, well those are both dual intent anyway so it doesn't matter at all for those.

Out of interest, why do you even have a visa - as Italian, don't you qualify for VWP?

I have a B2 visa because 3 years ago I planned a trip in the US for 4 months. Under the VWP you can only stay max 90 days.

I would not be afraid if I had visited the US only for a few days/10 days/a weeks/or 2 weeks... I am afraid because I usually stay a few months. Look: 2008, 1 month under F1 visa, english school - 2009 almost 3 months with the ESTA - 2011 4 months - 2012 3 months, - 2013 2 months... and I'm planning to be there again for a couple of months in dec... I am thinking: what the officer would think about it? Sometimes at the airport they asked me why so long time in the US, how much money do you have with you, ecc. Of course I always had my bank statement with me but they never asked for.

I read opposite opinion regarding the risk of partecipate at the DV.

Some of them say that partecipate does not show immingrant intent, but some of them say the opposite:

"entering the diversity visa lottery evidences immigrant intent, which conflicts with the nonimmigrant intent required for a nonimmigrant visa such as a tourist visa. The State Department has indicated that nevertheless registering for the DV lottery by itself is not ordinarily cause for denying a visa.

If you do participate in the DV lottery, it is important that this be disclosed if specifically asked at any future date so that you are not subject to a charge of misrepresentation. On forms which ask whether anyone has "ever filed an immigrant visa petition on your behalf" (such as the DS-156 Nonimmigrant Visa Application) bear in mind that lottery registration is not a visa petition."

"...student and/or visitor's visas cancelled for possessing "immigrant intent" and may not be eligible for future visas because they had expressed an intent to immigrate."

Share this post


Link to post
Share on other sites

Hello, I have a question about obtaining a visa B1 / B2.
It is an indication that the reason for the refusal can be: "Lack of convincing evidence of the applicant's intentions to return to his homeland." Can this site be trusted ?:http://greencardinusa.com/tourist-visa-usa/
It's true? If so, they will accept the answer for example: I have work and family at home.
I'm by the way going to Comic-Dream
Thanks for the answer.

Hello, I have a question about obtaining a visa B1 / B2.
It is an indication that the reason for the refusal can be: "Lack of convincing evidence of the applicant's intentions to return to his homeland." Can this site be trusted ?:http://greencardinusa.com/tourist-visa-usa/
It's true? If so, they will accept the answer for example: I have work and family at home.
I'm by the way going to Comic-Dream
Thanks for the answer.

Share this post


Link to post
Share on other sites
Filed: Other Timeline
On 2/25/2018 at 9:17 PM, TariqSama said:

Hello, I have a question about obtaining a visa B1 / B2.
It is an indication that the reason for the refusal can be: "Lack of convincing evidence of the applicant's intentions to return to his homeland." Can this site be trusted ?:http://greencardinusa.com/tourist-visa-usa/
It's true? If so, they will accept the answer for example: I have work and family at home.
I'm by the way going to Comic-Dream
Thanks for the answer.

Hello, I have a question about obtaining a visa B1 / B2.
It is an indication that the reason for the refusal can be: "Lack of convincing evidence of the applicant's intentions to return to his homeland." Can this site be trusted ?:http://greencardinusa.com/tourist-visa-usa/
It's true? If so, they will accept the answer for example: I have work and family at home.
I'm by the way going to Comic-Dream
Thanks for the answer.

 

Please create a new thread instead of hijacking a 4 year old thread.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...