As the new registration period will shortly be open I wanted to address something that has potential to catch people out during the eDV entry. It is about chargeability.
Eligibility to participate in the DV lottery is based on country of birth. That does not mean your country of citizenship. It means where you were born. I have explained this more detail in a previous post here. For anyone about to enter they must understand this point. Entering the wrong country can get you disqualified.
So – you enter country of birth as your country of chargeability EXCEPT in the following examples.
- If you were born in an ineligible country but your spouse was born in an eligible country, you can charge to your spouse’s country of birth.
- If your parents were temporarily in your country of birth and neither of them was born there themselves, you may be able to charge to one of their birth countries.
Mistakes made about that can be serious. Typically a mistake in country of chargeability within one region could be overlooked at the interview BUT a mistake that crosses a region would cause disqualification. So choosing France, when really you were supposed to charge to Germany would be OK, but choosing France when you should have charged to South Africa would NOT be OK)
Now – in the last couple of weeks (September 11, 2015), USCIS have clarified a third type of exception. I call this “elective cross charging” – some may have heard me talking about this before since there was a lawyer who has suggested this method BUT the rulebook did not support his suggestion. Elective cross charging is where both you and your spouse were born in eligible countries but to improve your chances you choose to both charge to the country with the best odds of winning. So – if your spouse was born in Australia and you were born in South Africa, you CAN choose Australia for BOTH of your entries. Why would you do that? Well OC region selectees are around 10 times more likely to be picked in the lottery, so you would be improving your chances massively.
Now- there are a couple of downsides. First, if the winner is charging to a spouses’ country, both selectees must meet the other eligibility criteria (education/work experience) and both must enter the USA together.
Secondly, some COs will not understand this type of elective cross charging. They may incorrectly refuse cases so someone using this method needs to have the 9 FAM rule printed out at the interview. I am providing that link here .
So be cautious with this approach. Only do it if you are sure you know what you are doing and are prepared to present the evidence to argue the case.
September 24, 2015 at 01:56
Can you help me with the date when the DV entry 2017 will begin and when will it end?
September 24, 2015 at 03:02
It has not yet been announced, but will probably start on October 1 and run for a month or so.
August 12, 2016 at 11:38
Dear whom this may concern,
I would like to apply for the DV lottery. I was however born in the UK(ineligible) My parents on the other hand were born in Iran. Niether of my parents were naturalised before my birth. (1997) My Father however had indefinite leave at that point (he also held his Swedish citizenship prior to coming to England) my mother only had a five year visa due to her marriage with my Father. My Father later became naturalised in 1998 and my mother in 2002.
Am I eligible?
Many thanks
August 12, 2016 at 14:15
As you may have read above, you have some possibilities.
You can choose your parents country of birth IF you can show they were only in the UK temporarily. Since it sounds like they settled in the UK that is probably not going to work.
The other route is through marriage to someone from an eligible country.
September 24, 2015 at 08:38
Can u help me to fill the application because it is the first time and I don’t have an experience
September 24, 2015 at 01:59
hey simon I have a question regarding names. My name is **** elzain **** then *****. How ever in my transcript it is **** el zain ****then**** so it becomes 5 names in the second version. I am worried about this although the spelling match on both my passport and transcript. Would the spacing issue be a big deal because I cant change my transcript now.
September 24, 2015 at 03:02
Not a big deal, no.
September 24, 2015 at 06:10
Plz want to verify something from u. Pls my school certificate is not ready yet so plz can I use transcript during the day of the interview.
September 24, 2015 at 06:36
Take what you can. Only the CO can decide what is acceptable.
September 24, 2015 at 12:38
Hy Brit, we are still on separation with my husband and I don’t think we will get back and I want to enter the program. What should I do?
September 24, 2015 at 14:25
Good question,brits will advice us
September 24, 2015 at 14:29
If you want to enter, your entry MUST list your husband if you are still legally married.
September 24, 2015 at 17:25
Hi Brit,
Would you recommend that I and my wife have the 9 FAM rule printed out as well? My wife won the lottery but she was born in a country where diversity visas aren’t available, so she’d been charged to my country that IS eligible. But the thing is that the interview will be scheduled at the embassy that hasn’t done the DV interviews for more than 10 years. Do you think the CO’s will be aware of rule 3 that reads:
“A principal registrant born in a country, which is not among those for which Diversity Visas are available, and the spouse who was born in a qualifying country, may be issued Diversity Visas, provided the relationship was established prior to submitting the entry.”?
Or should we better bring the print out to be on the safe side?
Thank you.
September 24, 2015 at 18:17
You should print it out, yes. Don’t forget that you should both be asked to show you meet the education standards and so on as you will both be treated as principal selectees (if the embassy does the job right).
September 24, 2015 at 19:08
Thank you. Yes, I’ve got all my certificates and diplomas ready. Hopefully, the CO’s will be knowledgeable about the situation.
September 25, 2015 at 17:24
Hi Simon,
I mentioned my situation already: my wife won the lottery but had been charged to my country of birth since hers doesn’t qualify for DV. I had filled out the e-DV forms both for her and myself. I remember charging her to my country all right but don’t remember explaining why her country of chargeability is different from her country of birth (there’s a link in question 6 on e-dv form urging you to do so). I’m simply not sure if I hit that link or not but I did list my name and country of birth in the derivatives’ entry.
My question is: can failure to explain the country of chargeability other than country of birth on the initial e-dv entry lead to disqualification at the interview?
Thanking you in advance.
September 25, 2015 at 17:25
No. You explain/justify your selection of country at the interview.
September 25, 2015 at 08:44
Hi brit
I am a winner of the dv 2015. My visa has been gave to me on the 17 of this month. Please brit i want to know: when i will enter to the usa and got my green card can i have the possibility to travel to others countries for few days without having the visa of that country? If yes please what are those countries?
Thank you brit for your help.
September 25, 2015 at 12:54
The Green Card affects entry to the USA – it does not provide entry to other countries in general (although Canada/Mexico may recognize it to some extent).
October 4, 2015 at 16:35
Both Canada and Mexico, and a number of Caribbean islands, will allow nationals of countries who normally need visas to enter without a visa if they have a green card.
October 4, 2015 at 17:08
I have heard that, yes.
September 25, 2015 at 19:10
Hey britsimon I am going to apply for the dv 2017 should I apply with the dv2016 photo or just get a new one and how reliable is the dv website photo validator? Btw when did you apply for the dv as in early in the registration or at the end? Its just a random question I know its random and doesn’t matter when you apply.
September 25, 2015 at 21:43
Get a new photo – the photo validator is OK.
The entry time makes no difference – it is random.
September 26, 2015 at 21:49
I have one concern: During registration the postbox asked. While I have no PO box. how it goes?
September 26, 2015 at 22:05
Nothing is sent by mail. No issue.
September 27, 2015 at 19:25
But what you need to write in the box colone postale.Sachant that filling this colone is mandatory ???
September 27, 2015 at 11:31
Hi Brit,
I got a link from a friend in America saying that there will be no DV registration this October as we dv2016 are the last set so no registration nxt month
September 27, 2015 at 12:16
Congress has not introduce new immigration policy. The law did not pass congress at that time they brought it.. soon will be announced…dv2016 was announced on Sept 29,last year.Two days before start. Keep the hope up,keep pray so that this 2017 dv you will be a winner
September 27, 2015 at 12:58
My dear, am already a winner of 2016 am only asking to clear things up and to be in a proper footing to answer families or friends peradventure this same question comes up
September 27, 2015 at 14:22
Dv2017 is announced, and no law has been passed, so dv2018 will happen also.
September 28, 2015 at 12:01
” 2-If your parents were temporarily in your country of birth and neither of them was born there themselves, you may be able to charge to one of their birth countries.”
this confused me ,so i want to make sure ,hoping you have time to give me a direct answer !
I was born in Saudi Arabia (lived and study there the whole primary school years) , but now i’m back to Morocco (parents both Moroccan, so am I).
Please what do i choose for country of chargeability?!
if both are good for me to choose , please what country has better odds of winning ?!
Thank you, always liked your blog !!!
September 28, 2015 at 13:39
Choose SA.
September 29, 2015 at 19:31
Hi Brits, i am confused. I got married to my boyfriend not too long ago and i realised i have won the lottery. He has a 12 year old boy, can i add them all to my Dv case?
September 29, 2015 at 20:38
Yes you can add them both. I assume you were single at the time of the eDV entry, and have married since then. The child can be added too, but of course custody of the child should be considered.
October 2, 2015 at 13:38
Hi Brisimon
I am African and I work and resident in Asia my CN 2016AS00 from asia Some friends said
If one of the two countries is not eligible reject visa
But if the two countries qualified for DV It will return the matter to the Consul Is this true?
thank
October 2, 2015 at 14:22
You have an AS number – where were you born?
October 2, 2015 at 14:26
boen in Africa sudan
October 2, 2015 at 20:21
Hi mr .simon ,in your opinion is africa has best odd of winning comparing to asia
October 2, 2015 at 23:26
If we are comparing un limited countries (i.e. not countries like Ghana, and Nepal) then Asia probably has better odds.
October 2, 2015 at 23:44
Hi Brisimon
I am African boen in Africa and I work and resident in Asia my CN 2016AS00 from asia Some friends on US said
If one of the two countries is not eligible reject visa.
But if the two countries qualified for DV It will return the matter to the Consul Is this true?
thank
October 5, 2015 at 09:17
Hi Mr Simon , Good days , i always follow up your update and blog in elective cross charging, i am asking if you have any idea about procedure and processing time of elective cross charging , is it different from normal way, is it different situation.
regards
October 5, 2015 at 16:01
It isn’t different. You choose which country to charge to in your eDV. Then you have to justify that in the interview.
October 8, 2015 at 09:27
Hi Simon, I am congolese from D.R.Congo residing in South Africa.
1)I made a mistake while applying , i put South Africa as Contry of eligibility.
Am i safe since it is still in Africa?
2)I lost the original of my High School Certificate, i only have the copies, and also i’ve got the letter from the congolese education department, can i use it?
October 8, 2015 at 14:49
You asked this already – and I answered.
1. It is safe.
2. Yes. If the CO wants more they will ask you to obtain it.
https://britsimonsays.com/ask-questions/#comment-21444
January 25, 2016 at 13:00
Hi congolese, was Affidavit of Support (AoS) required or asked at South African embassy at the interviews. Want to know coz I will also be having interviews in SA. you can also reply to [email protected].
January 25, 2016 at 17:26
SA embassy has been known to ask for the I-134. It depends on your situation – so whatever someone else says, you should prepare to give yourself the best chance.
October 9, 2015 at 14:58
HI MR.SIMON I AM NEW IN YOUR SITE ,first of all i want to thank you for your effort ,am DV2016 WINNER my case number is 2016 AF00030XXX .I WAS BORN IN KSA AND I CHOOSE D MY husband country of birth (Sudan) of chargability to get more chance and i already read the blog .what about my case ?? and what is the difference between high admission and low admission in my case ???Are there any case like me enter the interview???thank you for your time .
my best regards
October 9, 2015 at 15:53
OK – a couple of things. Make sure you print out the 9 FAM notes that discuss elective cross charging. Some COs will not understand what you did. Also – I assume you have paperwork to show you were legally married at the time of the entry and you should both go prepared to be treated as principal selectees (both show education proof).
October 9, 2015 at 20:20
Hi MR.SIMON ,this is me again ,my case number is 2016af00030xxx according to the new visa bulletin when the interview will be ?? thank you
October 9, 2015 at 22:46
Still this – https://britsimonsays.com/when-will-i-have-an-interview/
October 10, 2015 at 22:40
Thanks very much for your assistance.
I run an internet cafe , amoung my services i also have a filming service and most of my videos are on you tube.
1) Am i suppose to select SELF EMPLOYER) or COMPUTER SCIENCE?
2) Should i both (IT and Camera Operator) and add the camera service as my second job apart? (as a CAMERA OPERATOR)?
3) Is it wise to show reports of uncompleted studies in medicine at university?
October 11, 2015 at 00:27
1. Self employed
2. Don’t bother too much – the detail doesn’t matter.
3. Sure.
October 22, 2015 at 06:06
Hi, I live in the US, but my brother is in a refugee camp in Africa. Sunce he doesnt have the resources to fill the form, is it okay if i fill it on his behalf?
October 22, 2015 at 06:09
Yes, just be very careful to be accurate. Mistakes made in the entry (such as birthplace, derivatives or marital status) can cause disqualification.
October 22, 2015 at 20:20
Hi brit me too i make a big mistake while i was aplying dv for my brother i put south africa like his eligibly country and ther i answered NO from this:are you claiming eligibility based country where you were born i say no…so what is your advance
October 23, 2015 at 00:52
Did you submit it? If so there is nothing you can do to change it now.
October 23, 2015 at 13:07
Hi sir,
I selected US dv green card 2016.so, I have all the documents. But,I don’t know any one in USA. even I don’t have affidavit support or job offer from USA. Please help. What can I do now? I’m waiting for your kind reply. Thanks
October 23, 2015 at 20:39
That will depend on the embassy then. If you have enough savings, it should not be an issue. Explained more here:-
https://britsimonsays.com/all-about-public-charge-affidavit-of-support-i-134/
October 24, 2015 at 03:04
Thank you very much. god bless you.
October 24, 2015 at 03:07
Hi sir,
Please tell me, how much I need savings of my accounts.
Thanks
October 24, 2015 at 06:07
https://britsimonsays.com/all-about-public-charge-affidavit-of-support-i-134/
November 2, 2015 at 08:53
Good day. I would like to apply for the DV Lottery, however i am stuck on question 6 (Country of Eligibility for the DV Program – Are you claiming eligibility based on the country where you were born? ), i was born in South Africa, however i am not sure if i should answer yes or no to the question. Please help.
November 2, 2015 at 19:19
The question is do you have any reason to claim eligibility through another country. Most likely no, so the answer to Q6 is normally YES.
December 2, 2015 at 16:07
Dear MrSimon
Good day , according to the elective cross charging, in you opinion do you prefer to show the 9 FAM rule before the c/o asking me or let them show my documents first and after he ask me i show him the rule to prove my situation .
Thank you for your time
December 2, 2015 at 17:16
In theory the CO should know the rules (and they won’t expect you to know the rules better than they do). So. there is no need to show anything UNLESS the CO raises a concern about the chargeability, in which case you produce the printed 9 FAM rules.
December 9, 2015 at 16:25
Hi mr Simon, my younger brother has a problem, he lives in a foreign country where he got the refugee status as a refugee, in his refugee process he declared himself has a originated of country let’s say A, while he is from country B and he lived with that refugee paper in country C for many years, he played Dv lottery as originated from B his original country of birth, he is now gone back in his country of birth which is country B to apply for his dv visa, his date of birth was misspelled in the country A his name as well, he never has any record of crime in that country A just wanted to be seen as from country A for discrimination purposes in country C as people from country B are much discriminated in country C, he finally applied his police certificate with his correct name and correct county of birth country B and police certificate is clean.
My question is that is it going to affect his visa with the American background checks on him? Or should he had in his Ds260 his other name which was misspelled in country A ? Will be refused visa for that?
December 9, 2015 at 21:24
Well the documentation is obviously going to be a problem – but I cannot be certain of how a CO will judge that.
December 10, 2015 at 06:00
Thanks mr Simon, just wondering how this would be a problem since in any of the dv form either edv entry or Ds260 he never revealed his other name or country? He just presented himself as an originated of his own country, and he is already back in his home country, and his police certificate from the country he was living is clean? How would American do background of an undisclosed name? Thx
December 11, 2015 at 04:16
The US government don’t publish details of their background checks….
December 11, 2015 at 04:28
Okk, then to avoid all complications can he unlock his Ds260 and add info as other name used the other name that sas misspelled and where they ask : have you ever used other nationality? Put the one he presented himself in that country because aftet all it is also his mother’s nationality h presented himself to the other country but had no documents to prove it only his birth certificate shows his current nationality which is from his father,s nationality where he was born. Should we contact kcc to unlock? Better tell the truth because after all he is not a criminal, he is just a normal citizen looking for a way to survive.
December 11, 2015 at 07:07
Yes you contact KCC to unlock.
Best advice I can give. Always tell the truth.
December 17, 2015 at 06:57
Sorry mr Simon to come back again, thx for your advice, best one.
Just one last question, does holding a nationality from one parent in a foreign country for refuge purpose without holding a passport of that country yet is considered as crime of moral turpitude for Americans? Even though entered edv with the nationality from the country of birth which is current nationality and one parent nationality too? Birth certificate and passport shows same country of origin as in edv , Ds260, and current nationality.
Sorry to bother you , it’s last question.
December 17, 2015 at 14:31
That is no issue.
January 29, 2016 at 04:35
Hi Brit
Thanks for your knowledge and information about the dv program. My brother sat for an interview on December 8, 2015 and was placed on administrative processing. I want to check his visa application status. I have 2 questions
1. The site asked me visa application type, I said immigrant visa (iv) and the next question was immigrants visa case number, which number are they asking for?
2. If you can’t meet up with your scheduled visa appointment date, when, how, and what need to be done before asking for rescheduled at embassy in your country?
January 29, 2016 at 05:49
1. His DV case number.
2. It’s a bad idea to reschedule the appointment – but to reschedule you just call the embassy.
March 9, 2016 at 23:23
Hi Brit
Thanks so much for your advice and experience in helping me processing my case. I sat interview on March 8, I did not have medical result due no money, me and my wife sat for the interview. The counselor as few questions:
1. When we got married
2. How long we been married
3. when you met your wife
4. Why is it that i am 40yrs old and don’t have a child?
that was all and after which she take a sheet and said that our case is place on administrative process (AP) and they will call us.
please help direct me how to check up and follow my case on the us website to know my status of my visa application
February 22, 2016 at 10:05
Brit,I have won 2016DV. Am a Ghanaian. I have nothing do with Burkina faso. But during the registration I was charged to Burkina faso. Do I have the chance?
February 22, 2016 at 11:52
Typically a mistake like that with two countries in the same region should not cause denial. However, in Accra embassy, people with simple mistakes like that are often (not always) denied because it creates a suspicion about the selectee. So – if your case is otherwise perfect, you might be OK, but a mistake like that increases the risk…
February 27, 2016 at 09:10
Hi Mr Simon this me again my C/N is 2016AF00030XXX , my case as you know before, I was born in Saudi Arabia and I choose the country of chargeability Sudan (the birth of country of my husband ). what is the best answer in your opinion if The C/O ask me why you choose the country of chargeability of your husband
Thank you
February 27, 2016 at 12:09
Hi Mr Simon this me again my C/N is 2016AF00030XXX , my cases as you know before, I was born in Saudi Arabia and I choose the country of chargeability Sudan (the birth of country of my husband ). what is the best answer in your opinion if The C/O ask me why you choose the country of chargeability of your husband
Thank you
February 27, 2016 at 20:38
The answer “why” is you did it to improve your chances. That is fine.
August 29, 2016 at 21:20
@misnossa we have the same situation. I was born in German and I choose the country of chargeability Turkey (the birth of country of my husband ). Because My parent’s from Turkey and I grew up in Turkey. I wonder, have you received your visa? Have you ever had a problem at the consulate?
Thank you
August 29, 2016 at 23:52
Your decision (assuming you were married at the time of the entry) was correct, but your justification is incorrect. It has nothing to do with where you live or where your parents were from. Your eligibility is based on your husband’s birth country. If you were the winner you should attend the interview with educational evidence for you AND your husband as you will both be considered principal applicants.
August 30, 2016 at 05:35
We’ve been married for ten years. My husband was born in Turkey, vocational high School graduate and Sennior programmer. My case numbber 2017EU000089xx. I think our interview in November.(in Turkey). Is there any chance for the visa ?
Thank you,
August 30, 2016 at 06:07
Yes, if you prepare well…
March 21, 2016 at 17:14
My mother had a 5 year visa, through marriage with my Father, which she became naturalised in 2002. (I was born in 1997)
Can I apply through her?
March 21, 2016 at 19:23
I don’t advise on anything EXCEPT DV lottery.
April 1, 2016 at 21:58
Good day. Is it possible to use the native country of my son to apply for the DV?me and my wife were both from ineligible countries,but let’s say my son was born in japan,can i use his native country for the application?
April 1, 2016 at 23:17
No.
May 5, 2016 at 12:22
Hello Simon, I was born in an ineligible country (I don’t have the nationality nor a passport) but my parents are born in an eligible country. I filed with my country of nationality, which is different from my birth country and my parents’ birth country (I’m discovering the whole concept of chargeability today). Can I change my chargeability country at some point in the process? I already submitted the DS260 form yesterday. In the FAQ section, they say ” Listing an incorrect country of eligibility or chargeability (i.e., one to which you cannot establish a valid claim) may disqualify your entry. It is not a clear no, so I still have hope. Thanks for your feedback!
May 5, 2016 at 13:37
What are the countries involved (all three)? Are you married?
May 22, 2016 at 15:17
Hello BritSimon
I am selected for dv 17 .
-Case number 2017EU00000xxx
-I born in Morocco.
-I live in France.
-I have france and Moroccan citizenship.
-I applayed ferst one and I make all family with me.
– ferst applyed I put France lake foreign state chargeability.
-I am married2004
– Wife borne in Russia(europe).france and Russian citizenship.
– Childrens minor born in france.( france,Russian and Moroccan citizenship).
– I have family citizenship in usa.(brother).
-father and mother had green carte.
– I visited usa last year for 3 weeks.(ESTA).
_ I have Master Degree.
– I am Manager Adjoint store.
-I don’t send ds260 yet.
-Ferst application sending by my brother( error native).
My question if you have lawful solution for my situation? Because I don’t want to submit ds260 if I do an errors not tolerate.and if I’ll go to consult with spending more mony( visit medical, and fet for visa- we are 6 persons-
Thank you for your time and effort to make sure that you can get the best of my situation.
Sincerely.
May 22, 2016 at 15:46
Why are you asking this again? I had already answered you in a previous question and the article above EXACTLY explains the scenario – and the advice I can give. Make sure you print the 9 FAM notes.
May 23, 2016 at 19:27
Merci bien brit. A votre avis quelle est la région qu’ elle a plus de chance pour DV: Afrique ou europe.
May 23, 2016 at 19:33
Post in English please.
As for your question – it doesn’t make sense. Please clarify what you want to ask.
May 24, 2016 at 19:11
Thank you for all MR BritSimon.
I want to ask you about the region were we fond more chance for visa diversity : Afrique or europe ? and in your opinion what is the region were we fond more people applayed for dv? Afrique or europe?
May 24, 2016 at 19:38
More people apply from Africa, so the chance of selection there is less.
May 29, 2016 at 21:43
Hello BritSimon.what you think if I request de visa first time with my wife and if good can I after request for my childrens and we can enter together at usa
May 29, 2016 at 23:09
If you don’t process together you are introducing complication, and therefore, risk.
June 24, 2016 at 01:14
Hi Simon, my wife was born in an ineligible country of chargeability and her parents were living temporarily in that country.
Which is better, to charge her country of chargeability as mine? Or as her parent’s?
June 24, 2016 at 14:32
Better in what way??? Are you planning to enter the lottery. Have you won? Give me a clue if you want a useful answer!!
June 24, 2016 at 19:42
I’m a DV2016 winner, and unfortunately I got rejected because the issue of COUNTRY OF CHARGEABILITY. I indicated my country of citizenship instead country of birth.
So, my wife and I are planning to enter again for DV2018. To increase our chance we are planning both of us will enter under his name.
My question is regarding my wife application, as she was born in an ineligible country but actually a citizen of an eligible country. What she should write in her country of chargeability? Her parent’s country? Or my country?
June 24, 2016 at 20:31
You, more than most people, should now understand that eligibility is NOT based on citizenship. It is based on country of birth. However a married couple can each enter the lottery charging to the birth country of one of them (assuming that is an eligible country). That is all discussed in the article above.
August 17, 2016 at 03:08
Hello Mr simon,I’m having two major issues that I will really like you to help me clearify. 1)my spouse won the dv2016,I’m presently working in UAE and she is thinking of getting her passport now,should she wait till we get married so as to have my name on her passport or collect the passport with her own father’s name. 2)I’m from Nigeria which makes my country inelegible but my spouse is from Benin republic ,she didn’t register me as her spouse during her original registration.but not clear about the chargeabity rules can I claim her country as my chargeability country. Will love to get more details from you.thanks in anticipation
August 17, 2016 at 04:30
First of all, DV2016 is almost over. Final interviews have been scheduled. It is too late to start processing if it is not already submitted.
August 17, 2016 at 13:54
This is after your second reply – (always reply to the existing question)
1. Personally – I would marry first – it can be done either way.
2. No problem.
August 17, 2016 at 06:11
I’m sorry Mr Simon I’m meant to write dv2017,she played last year.it was the result that came out this year.please help shed light on the chargeabilty rules and the passport issue. Thank you
October 5, 2016 at 02:30
Dear Sir/Madam
I am a 2017 Dv lottery winner with the information above. As I was entering my data in the initial days of the lottery enrollment , I chose a wrong Country in the ” Foreign state of chargeability” option. I chose United Arab Emirate by mistake as I thought Its about where I want to be interviewed. I was born in Iran and live in Iran as well. Honestly I had no idea about the process that you will schedule my interview location after submitting the DS-260 form. However, I corrected my mistake in the form and later on chose Ankara as I had better accommodation options in turkey .
Actually , I obtained no benefit from this mistake and both countries ( Iran and UAE) are from the same geographical region . I just wanted to inform you dear to be honest and crystal clear !!!
My question is could I continue my application for this unintentional mistake?
October 5, 2016 at 05:07
Yes you did receive a benefit. Iranian selectees are limited, do by selecting UAE you avoided that limitation. If the CO knows about that (and it is likely they will) they will most likely disqualify you. It is up to you whether to take the chance or not.
October 6, 2016 at 01:58
Hello Mr simon
iranian selectees are 4500 person
UAE selectees are 97 person
I born in Iran and live in Iran.I chose a wrong Country in the ” Foreign state of chargeability”. I chose United Arab Emirate by mistake.
I obtained no benefit from this mistake???????
October 6, 2016 at 05:41
Again, YES you did receive a benefit. I explained before.
October 7, 2016 at 13:53
dear mr simon
Limited about what?!!!!!
This years as the years before there has been about 4500 selectees from Iran and UAE have only 97 selectees. What do you mean by” limited” ?!!
October 7, 2016 at 14:16
There is a LIMIT places on Iran in the draw. I have explained it at the link below, but it is OBVIOUS if you look at the entries versus selectees.
Take DV2015 as an example (DV2017 will be similar). IN 2015, UAE had 15696 entries (including family members). Iran had 932346. UAE had 195 selectees versus 4992 for Iran. So – the winners of UAE were about 1.24% of the entries. Iran winning rate was 0.54%, less than half the rate. That is because they are LIMITED during the draw process. That is also why Iranian and Nepalese cases are concentrated in the early number ranges.
The point is, when you chose UAE instead of Iran, you doubled your chance of selection, and introduced a high risk of denial. Any CO who understands what I just explained should disqualify you.
https://britsimonsays.com/the-lottery-draw-process-holes-theory-and-so-on/
October 9, 2016 at 08:35
THANK YOU
October 5, 2016 at 18:27
Hi, I have a complicated situation which is confusing regarding my birth country.
I was born in Kenya (which is eligible), however my father is German and my mother is Spanish. Since the day I was born I have had Spanish nationality, never Kenyan. My father was in Kenya for a few years for work (a Swiss company), that’s the reason I was born there. After I was born we left Kenya and have never been back since (so I don’t have any ties with the country at all, only thing I have is my birth certificate).
Can I use Spain as country of eligibility since it is where I come from, but I wasn’t born there? In case that I should have entered with Kenya, do you think I can use the missionary exception if I get selected? After all, my father only lived in Kenya because of work and nothing else. It shouldn’t be a problem to get a letter from his company proving this.
Thank you for your help.
October 5, 2016 at 19:18
You enter as charging to Kenya.
The missionary exception would be used to charge to Germany or Spain if you had been born in a non eligible country. But since Kenya is eligible there is no need to try and use the missionary exception. I would not advise you to rely on the missionary exception unless you had to. Just choose Kenya!
October 30, 2016 at 00:24
I just introduced the country of birth Spain and the stupid auto fill in my computer changed it to Australia when I introduced my current address changed it too in the country of birth!! This is soo annoying, since this entry will be disqualified if I win can I do another entry, or is nothing I can do?
thanks
October 30, 2016 at 02:53
Nothing you can do. YOu had a chance to review your entry before submission.
March 8, 2017 at 15:16
Your website and blog posts are very well done, thank you!
I am just coming back from my interview in France and have been rejected because I have been informed that I needed to apply from my country of birth (Algeria). Algeria is an eligible country too but in another region (Africa), do you think I can submit a complain or special waiver request to USCIS for this “error”? The Consulate officer seems to be saying that there is nothing I can do. What is infuriating is that I have never been told that for the past 10 months and after paying close to US$700 in various fees, doing the medical exams, etc.!…Shouldn’t eligibility be checked by KCC before they submit my case to the consulate for interview? Many thanks in advance for your advise!
March 8, 2017 at 15:29
The instructions are very clear about listing your country of birth. You should have listed Algeria and in that case would have an AF region number. If you have an EU region number you failed to follow the instruction and the denial is absolutely correct. In that case there is NO chance of a waiver or something. KCC don’t deny cases like that because people have the chance to present their case to the embassy. KCC do not deny any cases.
March 12, 2017 at 09:33
hello , Me and my spouse refused under section 212 a5a which is the chargeability of country .. I was born in asian country and i choose an african country in the chargeability and this country is my parents’s birth and also my spouse’s place of birth but the consulate said for us because when i applyed for the DV lottery i were engaged not married so tha case couldn’t be under my spouse’birth place .. my question is can i put the chargeablitiy of country on my spouse’s place of birth althought we married after i won or i must be married before i won
March 12, 2017 at 12:50
In order to use a spouses country, you have to have been married at the time of entry. The denial was predictable and correct.
June 14, 2017 at 23:18
Dear Mr. Brit,
I’ve made the same mistake others often do. I put Russia as my country of chargeability though I was born in Uzbekistan. But I thought if I am a citizen of Russia and lived here most of my life.. damn logic of mine. So I’ve won dvlottery 2018 and now being depressed about this mistake. I was born in USSR when both those countries were the one and now they are the same region – EU. I don’t understand the whole mathematics about better chances and benefits, do you know what they are for those countries? Will I look like a cheater who pursues benefits? Is there any chance for me at all or am I done? Thank you in advance.
June 15, 2017 at 00:40
Your mistake will have improved your chances of selection – and therefore you risk denial at the interview. The rules say
“However, if a DV applicant chooses a country of chargeability on the DV entry form that is within the same geographic region (one of the six) as the correct country of chargeability, and you determine that the applicant gained no benefit from his or her error, and there are no fraud concerns, you may continue processing the application using the correct country of chargeability in IVO.”
The key piece there is “and you determine that the applicant gained no benefit from his or her error”. You did gain a benefit.
So – the CO would be justified in disqualifying you. Whether the CO knows that rule properly, or chooses to enforce it, or not, I cannot know for sure. The only way to know for sure is to attend the interview.
June 23, 2017 at 20:27
Dear Brit,
I am going through your website and I saw “cross changeability”. I am not sure I understand this well .
Let me explain you my case, I am French and and I have am a DV2018 winner, I plan to marry my girlfriend with a Bolivian nationality. she applied before on her side as well as I did on my side. Now us getting married, does this make her a principal applican too ? or only me ?
Thanks
June 23, 2017 at 20:32
Once you marry her, she will be your derivative, charged to France.
June 23, 2017 at 21:15
ok Thank you very much.
July 18, 2017 at 02:16
Hi Mr.Simon i have a problem i was born in saudi arabia and my cusa number AF because i choose country of eligibility/chargeability Egypt
im From Egypt and iam a single Will I refuse in the interview
Thank you
July 18, 2017 at 13:02
Yes you will be denied.
July 18, 2017 at 21:09
Hello Mr.Simon
My Parents Born in Africa Is there any chance for me or it’s rejection
Thank you
July 18, 2017 at 21:29
That would only be a possible hope if your country of birth was not eligible for the lottery, but since it is, you should have selected that country. As your error has put you into another region, there is no hope whatsoever.
July 18, 2017 at 23:35
ok Thank you Mr.Simon
July 19, 2017 at 17:07
Dear Simon
I am french and was born in French guiana (French territory in south america, like other french islands in the caribbean) is this considered as EUROPE on the chargeability ?
Regards
July 19, 2017 at 17:14
Yes.
I should add that you would list your chargeability as French Guiana, and if that were not available in the list, you would choose France. You don’t choose the region – the region is implied by the country of birth.
July 19, 2017 at 19:09
thank you for your quick reply and and wonderful job on this blog
July 19, 2017 at 19:57
Dear brit,
Im a dv2018 winner, born in oman but i used the country of chargebitlity as Jordan since my father born in Jordan. (Both countries are in Asia)
The instructions listed that it is acceptable to choose country of chargebitlity as your birth country, spouse birth country or parents birth country due to gain better chances and those are the only three ways to choose chargebitlity country instructions which i have followed.
Noting that My parents were not residents at my country of birth.
From this my questions is:
1- does this have any bad effect for my case?
2-i will take my parent passport, do i need anything more to support my case?
3-will they consider that i gain benefit from my selections?
Thanks a lot
July 19, 2017 at 20:23
1. You made a mistake. Your country of birth should have been what you used. Your parents country of birth would ONLY have been a possibility if your own country of birth was not eligible. However, because both countries are in AS region, they should not penalize you.
2. Not the parents passport. If I were you I would print out the notes from their rulebook that says the following:
“Errors in Choice of Country of Chargeability: If the entrant chooses the wrong country of chargeability at the time of the initial entry, the error will generally be disqualifying. However, if a DV applicant chooses a country of chargeability on the DV entry form that is within the same geographic region (one of the six) as the correct country of chargeability, and you determine that the applicant gained no benefit from his or her error, and there are no fraud concerns, you may continue processing the application using the correct country of chargeability in IVO.”
https://fam.state.gov/FAM/09FAM/09FAM050206.html
3 No. You didn’t. Jordan and Oman have identical chance of selection. .
July 19, 2017 at 20:31
The below from dv2018 instructions , i think I’m not breaking any rules here Right?
“Because there is a numerical limitation on immigrants who enter from a country or geographic region, each
individual is charged to a country. Your chargeability refers to the country towards which limitation you count.
Your country of eligibility will normally will be the same as your country of birth. However, 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 your parents were not
resident at the time of your birth. These are the only three ways to select your country of chargeability.
Listing an incorrect country of eligibility or chargeability (i.e., one to which you cannot establish a valid claim)
will disqualify your entry.
”
I will surely use the above , but please tell me what is the mistake exactly ,
Thanks again
July 19, 2017 at 21:22
I gave you the link to the 9 FAM notes before. In there you will see the following text.
(b) 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 – it was a mistake. Honestly – I think it is unwise to try and argue the point with the CO – just take the approach I gave you.
July 19, 2017 at 21:30
Thanks a lot , for sure i wouldn’t negotiate that , I’ll stick with ur advices.
Hoping that they won’t ask about this point
Appreciate it sir 🙂