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Mexilaysian

Diversity lottery while having B1/B2 visa

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Hi all, 

 

I am planning to apply for diversity visa once it is open tomorrow. I know it is a lottery and I have the slightest chance possible of getting one. 

My concern here is I have a B1/B2 visa and already planned for a trip in December.

Will my application affect my entry or visa at all?

 

Thanks.

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No


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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On 10/2/2018 at 7:53 PM, Mexilaysian said:

Hi all, 

 

I am planning to apply for diversity visa once it is open tomorrow. I know it is a lottery and I have the slightest chance possible of getting one. 

My concern here is I have a B1/B2 visa and already planned for a trip in December.

Will my application affect my entry or visa at all?

 

Thanks.

My understanding is that by just entering the DV lottery you're not expressing the immigration intent. You are not applying for an immigrant visa nor petitioning for any status. You are expressing desire, not intent, to immigrate. Only if you are selected by the lottery you may express the intent to immigrate by filing for the DV visa or by filing for AoS.

 

That means that in current circumstances you're not intending to immigrate, however, if the circumstances change in the future (e.g. by winning the DV lottery) you may change the intention - and that's totally okay.

 

You also don't have to disclose previous DV lottery applications in any future visa applications, unless they specifically ask you about it (there is no such question on any visa form as of now). So I don't see how not disclosing it on a visa form could even theoretically be deemed a misrepresentation (which would be a greater concern).

 

I know this is an older post but this question keeps coming up a lot and the answers are not always consistent. Many attorneys disagree with the above but most seem to agree that entering the DV lottery is not equivalent to petitioning for an immigrant visa.  


03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received

 

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