can diversity visa lottery registration make me immigration problems?

[Vak23]

Hi everyone,

That´s my first post. I´m registered for diversity visa lottery and I think I didn´t have to do this. People around me say that the US creates the database with the registered people and the councellor here in US embassy, who issues visas, always checks whether the applicant is registered for greencard lottery (and thus whether applicant wishes permanent residence in USA).

Actually I´ll have research fellowship soon in USA and I´ll be sponsored for J-1 visa, that means exchange visitor. If they´ll see in embassy that I´m registered for greencard, they can think that I´m trying not to come back from USA and will not issue J-1 at all. for for EU citizens it can be no problem, but in my country our visa processing is very strict and they are looking for a reason not to issue a visa, because many gorgians who go to USA stay there illegally and they´retrying to prevent it.

What do you think? and what can I do?

Thanks,

Vak

[Vak23]

Hi everyone,

That´s my first post. I´m registered for diversity visa lottery and I think I didn´t have to do this. People around me say that the US creates the database with the registered people and the councellor here in US embassy, who issues visas, always checks whether the applicant is registered for greencard lottery (and thus whether applicant wishes permanent residence in USA).

Actually I´ll have research fellowship soon in USA and I´ll be sponsored for J-1 visa, that means exchange visitor. If they´ll see in embassy that I´m registered for greencard, they can think that I´m trying not to come back from USA and will not issue J-1 at all. for for EU citizens it can be no problem, but in my country our visa processing is very strict and they are looking for a reason not to issue a visa, because many gorgians who go to USA stay there illegally and they´retrying to prevent it.

What do you think? and what can I do?

Thanks,

Vak

[Aibolit]

It is not clear whether US Embassies have access to the list of DV applicants. As long as you did not apply for an immigrant visa (based on winning the lottery) you have a reasonable chance with J-1 visa application. The worst that can happen they'll deny visa based on immigrant intent.

Also, mere participation in the lottery is NOT a petition for immigrant visa. Therefore, you can answer NO to question 36 of DS-156 Form.

Make sure you do not lie to the embassy officials. That will make you inadmissible.

[Sugarpuff]

To play the devils advocate:

Why would someone apply for the diversity lottery if they did not have an intent to immigrate.

Someone who does not have law school logic in their head may conclude that applying for the DV is indeed an "intent" to immigrate.

Someone using law school logic would probably conclude that immigrant intent is ONLY demonstrated by filing the I-485.

Too bad most of the consular officers did not go to law school.

[sappyconifer]

Apparently, COs are not the only ones that do not apply law school logic. It was not in place when you claimed that a K3, who abandoned the process after an approved I130 would be very unlikely to get a future tourist visa, anyway!

[Sugarpuff]

that right I do not apply law school logic to immigration decisions as such logic often proves futile in the real world.

See, CO's are literally a world away from american lawyers and american courts. They answer ONLY to the Dept of State. Thats why I firmly believe that when it comes to immigration lore trumps law.

[Vak23]

thank you for your replies...

Did it already happen with somebody you know (visa denial based on immigrant intent)? Does it often happen? After all, the registration is so easy, that someone else also could do it for me and If they´ll ask, I can answer, that someone (suppose girlfriend) wished to make me surprise, can it work? what if I already visited rich european countries and didn´t stay there, just came back, as I had to? they can see visas in passport.. or it doesn´t matter?

When I registered in 2005 for DV, does it at the end of 2006 still count for immigrant intent when I´ll apply for j-1? What is the safe time cutoff for COs to assume that I changed my mind?

Actually I don´t intend immigration, I just saw in tv that many peolpe were registering, the deadline was coming soon, it was free and finally they showed address and what is most important, I was using internet at this moment and I checked the website...

Aibolit, "it´s not clear whether US Embassies have access to the list of DV applicants" means that you don´t know it, or public - in general - is not allowed to know this?.what should I do, if they deny J-1 visa based on immigrant intent? Should I hire a lawyer?

how could you assess chances of visa denial based on immigrant intent versus approval? 20/80% or 50/50%? or even 80/20%?

[familybased]

You do not have to worry about immigration intend if you register for DV.

By law, anyone from designated countries can register for DV visa, but only very few people would acturally win. a DV visa applicant is unique, it will not constitute immigration intend and impact your non-immigrant visa such J-1 or F-1.

Good luck.

[Aibolit]

http://www.visalaw.com/03nov2/2nov203.html

[sappyconifer]

Unless you're selected in the lottery in which case there may be a temporary issue with renewing non-immigrant visas during processing, per the link Aibolit posted.

[Sugarpuff]

Here is a quote from the link Albiot supplied:

Technically, filing a visa lottery application is equivalent to filing an immigrant petition. According to a source at the Department of State, a consulate will only be notified IF the person is selected in the lottery. An individual who is not chosen is on his honor to state that he/she applied for the lottery.

Hmmm.....ok,

Here is another:We have never had a problem reported and I have yet to hear of anyone denied a visa because of a previous lottery application.

How could they "hear of anyone denied a visa because of a previous lottery application?" The consulate is only obilgated to tell the applicant that they were denied for having immigrant intent NOT the underlying reason why the officer surmised such intent was present.

[Theone]

Applying for the DV Lottery does not show immigrant intent.

[Vak23]

thank you people for your answers and thank you aibolit for the link, it´s really encouraging what they're saying there. You're really "dobri doctor Aibolit"

[Vak23]

"Applicant, spouse, or child must be directly facing the camera; the head of the person being photographed should not be tilted up, down or to the side, and should cover about 50% of the area of the photo." My head is little bit tilted to the side and down. Not much, but if one asks whether it´s tilted or not, it´s tilted. Also, the background is not "neutral, light-colored". So according to greencard lottery rules, "If the submitted digital images do not conform to the following specifications, the entry will be disqualified". Does it mean, that If my application is disqualified, I´ll be deleted from the lottery applicants list and everything will be like before this d*mn application? or does the entry still remain in applicant list? or the winners first will be selected, then they´ll check whether the picture and other application info is OK or not, and then dislike picture and preclude further processing? I´d feel best and be most sure if the entry is deleted from the applicant list before the lottery process takes place. In this case, even a theoretical chance is eliminated. However, despite the statement that "a consulate will only be notified IF the person is selected in the lottery", if the applicant list is used by embassies in developing countris to assess the immigrant intent of visa applicants (because like I said, and what our CO also perfectly knows is that meny people from my country go to USA with non immigrant visas and stay there illegally), then any entries can be useful for them and thus may be kept in the list.

[Sugarpuff]

I have seen people denied for immigrant intent because they were not married and because they did not make enough money in their current job.

Bottom line:

If the CO thinks you have an intent to immigrate you will be disqualified from a non immigrant visa for immigrant intent.