DV lottery question

[joeob 1]

Hi there to everybody. I was wondering if somebody would know if my spouse could apply for the DV visa in order to increase my chances. The thing is that my spouse is a US citizen and I see that in the DV visa entry the US is listed. I am not sure how would that work, If somebody knows please let me know. Thanks

[SusieQQQ 11,586]

No

 

how it works when your spouse is a citizen, is that they sponsor you for a spouse visa. You can still enter Dv of course, but that’s like a 1% chance of selection vs almost certain chance of a spouse visa assuming no strange issues,

[Crazy Cat 41,979]

20 minutes ago, joeob said:

and I see that in the DV visa entry the US is listed.

Other than The Bahamas, no one in North America is eligible. 

[joeob 1]

20 minutes ago, SusieQQQ said:

No

 

how it works when your spouse is a citizen, is that they sponsor you for a spouse visa. You can still enter Dv of course, but that’s like a 1% chance of selection vs almost certain chance of a spouse visa assuming no strange issues,

Hi, thanks for your answer, that is precisely the problem. There is a inadmissibility that a previous attorney say could be overcome by the DV visa, hence the question. 

[SusieQQQ 11,586]

Im not sure what OP means by listed,  it is definitely not under country of eligibility (i just checked the form). If they mean under country of birth, that could be for the rare case where someone is born to a diplomat in the US so does not gain citizenship by virtue of being born here.

[SusieQQQ 11,586]

Just now, joeob said:

Hi, thanks for your answer, that is precisely the problem. There is a inadmissibility that a previous attorney say could be overcome by the DV visa, hence the question. 

If it is a problem with the sponsor  being unable to sponsor, then yes. If it is an inadmissibility on the part of the foreign citizen, then the attorney doesn’t know what they are talking about. DV is subject to the same inadmissibilities as any other immigrant visas and the rules specifically state: 

 

INELIGIBILITIES 
 
34.  As a DV applicant, can I receive a waiver of any grounds of visa ineligibility?  Does my waiver application receive any special processing?  
 
DV applicants are subject to all grounds of ineligibility for immigrant visas specified in the Immigration and Nationality Act (INA).  There are no special provisions for the waiver of any ground of visa ineligibility aside from those ordinarily provided in the INA, nor is there special processing for waiver requests.  Some general waiver provisions for people with close relatives who are U.S. citizens or Lawful Permanent Resident aliens may be available to DV applicants in some cases, but the time constraints in the DV program may make it difficult for applicants to benefit from such provisions. 

[Crazy Cat 41,979]

3 minutes ago, joeob said:

There is a inadmissibility that a previous attorney say could be overcome by the DV visa, hence the question. 

What inadmissibility?  That doesn't sound accurate.

Edited October 21, 2022 by Crazy Cat

[joeob 1]

5 minutes ago, Crazy Cat said:

What inadmissibility?

Previous allegations of marriage fraud. The attorney I talked to years back say that the ban section 204(c) prevents an individual from having a subsequent family- or employment-based immigrant visa petition filed on his or her behalf approved. But a recipient of a DV visa or WAWA would be excluded of that ban.

[SusieQQQ 11,586]

1 minute ago, joeob said:

Previous allegations of marriage fraud. The attorney I talked to years back say that the ban section 204(c) prevents an individual from having a subsequent family- or employment-based immigrant visa petition filed on his or her behalf approved. But a recipient of a DV visa or WAWA would be excluded of that ban.

See what I posted above. I don’t know about VAWA but definitely not diversity visa. If there is a fraud ban, it will not be overcome.

[joeob 1]

Just now, SusieQQQ said:

See what I posted above. I don’t know about VAWA but definitely not diversity visa. If there is a fraud ban, it will not be overcome.

Thak you very much for the information. I guess I wasn't informed correctly. I was hoping that was a way out. 

[SusieQQQ 11,586]

Even if the wording of 204 c is such that it refers to only marriage or employment, such a person would be found inadmissible for any immigrant visa under INA 212(a)(6)(C)(i).

 

INA 212(a)(6)(C)(i) provides that "any alien who by fraud or willfully misrepresenting a material fact seeks to procure (or sought to procure or has procured) a visa, other documentation, or admission into the United States or some other benefit provided under" the INA is ineligible.

[joeob 1]

That makes sense. I guess there is no relief through that venue then. Well, better know that now than later. Thank you.

[Boiler 45,657]

Marriage Fraud is about as bad as it gets

[Family 4,025]

3 hours ago, joeob said:

Previous allegations of marriage fraud. The attorney I talked to years back say that the ban section 204(c) prevents an individual from having a subsequent family- or employment-based immigrant visa petition filed on his or her behalf approved. But a recipient of a DV visa or WAWA would be excluded of that ban.

That attorney probably referenced DV ( domestic violence) and VAWA….not this “DV”

[Boiler 45,657]

2 minutes ago, Family said:

That attorney probably referenced DV ( domestic violence) and VAWA….not this “DV”

Agree