OK – this one should be pretty simple but it trips people up ALL THE TIME…
Certain countries are ineligible to apply for the lottery. THe reason for that is that the DV lottery program is specifically there to facilitate diversity in the immigration process. If countries already have high numbers of emigration to the USA then they become ineligible for the DV lottery. The countries that are ineligible can change year to year and in DV2016 the list of ineligible countries is as follows:-
Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador,
El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea,
United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.
Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.
This is actually unchanged from DV2015, although that year saw Nigeria added to the list.
OK – so what does this mean?
If you were born in one of the ineligible countries you most likely cannot participate in the DV lottery (there are some exceptions, which I will explain later). Note I said “born in”. Let’s repeat that – “BORN IN”. Even though the instructions are clear about this point people keep getting this wrong. It does not matter where you live, it doesn’t matter what passport you hold or citizenship. This is based on nativity – the place you were born.
OK – I said there are some exceptions. Yes there are. The main one is eligibility through marriage – this exception allowed me to enter the lottery… if you were born in an ineligible country, but are married to someone born in an eligible country then you and your spouse can both enter – you charging to her country. So – I was born in the UK (ineligible), but my wife is a native (was born in) Spain. I therefore entered and chose Spain as the country of my changeability. It is important to note that this marriage must be legal at the point of the eDV entry. You cannot enter today and find someone to marry from an eligible country. One second point about this is that if you do win and charge to your spouse’s country you both must meet the other requirement (education/work experience – explained here). This second point is very important. In this scenario, if your spouse wins (and she is native of the eligible country) then your education/work experience is not important (not even checked). If however you win then you will both have to prove that you meet the requirement for education/work experience.
There is also another exception known as the missionary exception. Let’s say you were born in an ineligible country because your parents were there temporarily, you may be able to chose to be charged to either one of their countries of birth. This is obviously more difficult to prove, but what is important is that you have to show your parents were not permanent residents your country of birth at the time and neither parent was born in the same country as you. This is normally because a multinational company or organization has sent your parents for a temporary period – typically (though not always) leaving after a period of time. If you think this exception might apply to you, I suggest you contact me and explain the situation so that I can give you an opinion on whether you can make a case or not.
Please read this important update about elective cross charging.
March 8, 2015 at 16:25
hello simon,
i’m congolese refugee living in Rwanda. i flee DRC in 1996 when i was 6 years old, so i can’t got DRC passport neither rwandan passport, I prefered to put Rwandese as my nationality even if i’m refugee. so i wonder if i can change my nationality and put DRC nationality then search for refugees travel document. what can i do now? help me ?
March 9, 2015 at 00:18
The lottery is not based on your Nationality – it is based on your place of birth – so DRC. I think you will need some passport – and your birth certificate.
May 8, 2015 at 07:01
hi brit! i am from DRC so one of my freind won 2015 lottery and his cn is oc000018XX but since he won ze did not care about his cn but now is scheduled for jun interview but the mater is the country of chargebility they writte cook island in the place of congo democratic but his interview is scheduled in kinshasa so this case, does he have a chance to be issued or refused and what can he do? please we need your help! thank you for hard job!
May 8, 2015 at 07:23
He will be disqualified for the mistake. He has an OC number (where 1 in 20 were winners) instead of AF (where 1 in 150 are winners). So – because of that mistake he would be wasting his money to proceed.
May 8, 2015 at 16:30
ohhhh I’m sorry for him about the mistake that we thought that is not fatal as I from realizing that is fatal, so what do you think about writing to our embassy ? just to inform them before the interview? Can it help or not? or the game is over for him? again thank you for your help!
May 8, 2015 at 21:01
Game over. 100% certain. Nothing will help.
May 9, 2015 at 10:20
Please brisimon i found his case very bizzare! Because even if he has an Oct number but why in his letter of interview they precised that the interview will be in Kinshasa and not cook island? So it not be a mistake of Kentucky? Because I’m wondering how it can be like that? Is it possible for Kentucky to change you the place of interview even if yourself you didn’t make any change? Please make it clear to me! Again thank you for reply!
May 9, 2015 at 21:02
It is upto the applicant to select the country to charge to. He did it wrong. Not kcc fault.
June 4, 2015 at 05:54
hi simon,
If i entered the wrong country of birth in my DV entry , which lead to wrong country of chargibilty, can i change that in my DS260 application?
June 9, 2015 at 10:57
Hi!
I was born in Russia but moved to Sweden 14 years ago. I have both Swedish and Russian citizenship now. I put Russia as my place of birth, and i put Sweden as my country of eligibility when I applied for the lottery. I did not know that I should put Russia as my country of eligibility, I was thinking that if I live in Sweden and have Swedish citizenship I can put Sweden. I was thinking that if I choose Russia I will need to go to Russia for the interview. Now I now the rules and I regret that I did this mistake. I won the lottery. And already send the ds260. What should I expect?
Thank you.
June 9, 2015 at 14:08
Cases like this are not always disqualified. The DV processing guidelines say the case may proceed if the incorrect country is within the same region as the correct country, and that the selectee gained no advantage through the error. That will be the case for you – so you are almost certain to not be disqualified for your mistake.
June 9, 2015 at 14:22
Thank you so much! I appreciate your answer and will hope for the best. Sweden and Russia are within the same region, Europe, and since the chances to win are the same, I hope they will not judge me too hard. I did not intend to gain any advantage. I should just have read the rules more carefully..
Thanks
September 22, 2017 at 18:04
Hi can you tell me what happened with your interview??
October 8, 2016 at 13:02
Hi Simon,
Sorry to piggyback on this discussion, but this would help me. Do you know where I can find those guidelines for such a case?
Thank you in advance.
October 8, 2016 at 18:23
https://fam.state.gov/FAM/09FAM/09FAM050206.html
January 31, 2016 at 09:38
Hi , I hope all is good with you and I hope you got you GC, I have similar case as yours , could you please tell me what happened on the interview , thanks very much in advance
Regards
July 17, 2015 at 01:52
Hi Simon,
My case is pretty much similar to yours: my wife, a Peruvian national, won the lottery. I’m Ukrainian. So, she was charged to Ukraine through marriage. Now I’m a bit confused as to whether they’re going to scrutinize my education/work experience dertails as well or only my wife’s as the principal applicant.
Thanking you in advance.
July 17, 2015 at 10:50
If they do it right they will treat you both as principal applicants, so prepare your education documents also.
July 17, 2015 at 13:42
Yes, kind of worried about that consulate in Lima, they haven’t done the DV interviews in a while. Hopefully, they’ll treat us accordingly.
Thank you.
September 22, 2017 at 18:16
Can you tell what happened on the interview my case is like yours??
August 9, 2015 at 13:31
Hi simon howz goin?
Can danish can apply for dv lottery.
August 9, 2015 at 18:35
Currently yes.
August 29, 2015 at 08:04
BritSimon, I was born in Saudi Arabia but I put Somalia as my country of changeability and my interview is next month (September) .. do I stand a chance and is there any case where people have ever made mistake like I and was accepted
August 29, 2015 at 08:06
Correction :
any case where people have ever made mistake like I and was given the visa
August 29, 2015 at 15:00
Was there a justifiable reason for this selection i.e. are you married to a Somali born spouse, or were your parents Somalis that were in Saudi Arabia on a temporary visit or something? There are some exceptions to the country of birth – but you need a reason. If you had no reason then you have made a serious mistake. The rules say that someone making that mistake will be forgiven if the two countries concerned are in the same region, but where the countries are in different regions, there is no choice but to disqualify the case.
So – why did you choose Somalia?
October 15, 2015 at 13:56
Hi simon
My question is alittle similar to abdallah case.. my wife won dv2016 she was born in saudi arabia we dont remember what we chose in eligability check ..both of us are egyptian and her case number cameout with AF at region so that what made us confused should her CN have come with AS region?!but we made it clear at country of birth and if so yes this is a mistake can she claim she did that because of me as a husband born and lived in egypt? I know they are 2 different regions but i need ur opinon plz
October 15, 2015 at 14:01
Read the link below – you will have to make the case based on elective cross charging. This has always been in the rules – BUT some COs will not understand it because it has only just been clarified in their guidebook. So you must go to the interview with their guidebook printed out.
https://britsimonsays.com/country-of-chargeability-for-dv-lottery/
October 15, 2015 at 14:17
Thank you simon Elective cross charging is just what i need and my case exactly like the highlighted part in page 3! So should i print just that page ?and show it only in refusal case?! Will they understand or even give me a chance to explain?!
Anotherthing plz help me to remember if i wrote eligability country egypt thats why her CN came with AF region and it should have been AS for saudi birth
Both countries are eligable but which have better chances?
October 15, 2015 at 17:31
Yes, print out the 9 FAM notes – if in the interview they say there is a problem – you then will produce the printed notes and point out you followed their own guidelines 🙂
She should have got an AS number – it is AF meaning she must have put Egypt. The chances of selection would probably have been better with SA – But you got selected – so no need to worry about that.
PLEASE NOTE – the part where the rules explain both you and she will have to meet the education requirement and must enter the USA together.
June 18, 2017 at 14:47
Hallo mido
My case exactly like yours,may l ask what happened with you in the interview??
September 14, 2015 at 13:59
Hello Simon,
Judging from your experience as a DV winner who won through marriage to a person from an eligible country, is it almost certain that the embassy will put your case on AP or is that not necessarily an option?
Simon, when submitting your ds-260 did you somehow have to mention that you were charged to your wife’s country or mentioning it on your initial DV entry form was enough and the KCC and eventually the embassy will be already aware about the fact since the CNis obvious?
Thanking you in advance.
September 14, 2015 at 19:21
AP is not automatic in that case.
I got my GC in DV2014 – they did not use the DS260 at that time. You choose the country of chargeability on the eDV.
By the way, if YOU are the winner and charge to the country of birth of your spouse, the CO should ask for BOTH of you to show that you meet the educational requirements and you have to enter the USA together.
September 14, 2015 at 20:27
Thanks a lot.
October 2, 2015 at 11:01
Hi Simon.
Thank you for this website, it’s been a real help to me making sense of this process.
Like you, I am British (born in mainland UK) and married to a spaniard (born in Spain). We have two children who were both born in Britain.
Please could you clairfy something for me:
Can / should we submit two applications? – i.e. One in my wife’s name and one in my name (charged to Spain through marriage)?
Is this allowed and will it increase our chances?
As far as I can tell this seems to be right way forward, but all the warnings about duplicate entries being disqualified just make me a little unsure.
Thanks for your help.
October 2, 2015 at 14:52
You scenario is exactly the same as mine – except my Spanish wife and I only have one child!
You can both enter – that is no issue. If she wins, only she needs to meet the education requirement. If YOU win the embassy should ask you BOTH to show proof you meet the education requirement (3 A levels for UK).
Let me know how it goes!
August 21, 2016 at 14:51
Hi Simon, so I did my A levels and got 2 D’s and 1 UG. Currently I’m studying at a university in USA. Would that 1 UG be a problem when I win the dv and might go for Adjustment of Status?
August 21, 2016 at 15:00
It depends on the requirements of the country where you studied. I don’t know all the countries. However, An IO might be less concerned since you are in a USA college – particularly if you have obtained your degree by the time of the interview.
August 21, 2016 at 15:05
Oh ok. Actually I was born in Saudi Arabia and did my A levels from there( I’m Pakistani by citizenship though). And about completing my degree, yes I might have an Associates degree when the interview comes up. Also as I told you my birth situation, I’m eligible tobapply for dv right?
Thank you so much for this forum it’s a great help. 🙂
August 21, 2016 at 15:23
Eligibility is through place of birth, not citizenship.
October 13, 2015 at 02:29
Hi Simon,
Thank you so much for taking your time to answer everyone’s doubts.
Here is my situation:
– I was born in Brazil
– my mom was born in Paraguay
– my dad was born in Portugal.
My dad is already deceased.
My real question is:
How do I prove they weren’t residents of Brazil when I was born? What type of documents would be necessary?
Also, does it make any difference if I apply through Paraguay or Portugal? Are the odds different? What do you recommend?
Thank you very very much 🙂
October 13, 2015 at 04:42
The documents required depend on the reason they were there temporarily. Of course passports etc showing when they arrived, when they left and so on – but as I say, it depends on the story.
October 13, 2015 at 17:24
Thank for your reply.
What if they weren’t residents when I was born but BECAME residents after?
October 13, 2015 at 19:06
A lot of useful info on crosscharging issue can be found in the comment of Oct.7 starting with “Sydney, Australia (PLUS TONS of infor about overcoming cross charging issue)…”.
Here’s the link:
https://britsimonsays.com/interview-experience-stories/#comments
October 13, 2015 at 23:06
That is ok – but you need to show how that happened. Do indeed check the link recommended above.
October 24, 2015 at 13:12
Hi i’m currently living in England and i was born in a qulifying country for DV lottery programme
am i still eligible to apply for it from here. thank you.
October 24, 2015 at 14:23
Yes. Eligibility is based on country of birth.
October 28, 2015 at 22:22
Hi
I hold 2 nationalities and my wife the same can we both apply twice with each nationalty
Once as husband is the main applicant and the second as wife is the main applicant
I was born in Qatar wife was born in Germany
What do you recommend
Our both nationality are eligible for the DV but in deferent region,,,
Thank You
October 28, 2015 at 22:28
Read the instructions. Eligibility is based on place of birth and has nothing to do with Nationality. So – you can only apply once each. Your choices are your own places of birth (you Qatar, your wife applying under Germany) OR you BOTH elect to charge to one of the countries (Qatar or Germany).
October 29, 2015 at 17:56
brit is it okay to accept that my cousin played for me if ask by the CO about my wrong year of birth?coz instead of 14th April,1990 my cousin mistakenly filled 14th April,1984.what defence must i build in a situation like this after communicating the mistake to KCC and then filled the correct year of birth which is 1990 on the DS260 FORM?
October 29, 2015 at 18:28
There is no “defense” as such. You just have to explain how/why that mistake was made and hope they will forgive it.
October 29, 2015 at 17:58
WILL I RECEIVE MY 2ND LETTER ?I AM VERY MUCH WORRIED ABOUT THIS MISTAKE AS I DONT EVEN KNOW HOW TO DEFEND THIS IN AN INTERVIEW
October 29, 2015 at 18:00
PLEASE HELP ME BRIT
January 30, 2016 at 08:17
Hi there
I guess you answered the same question a number of times but need once more a clarification from you. I was born in Saudi Arabia (but not Saudi national). I currently hold a Pakistani passport ( nationality) and currently live in Saudi. Am I eligible for the lottery?
January 30, 2016 at 15:33
Yes – eligibility is based on place of birth.
May 16, 2016 at 06:54
Hello Simon!
I am a pakistani national and was born in Pakistan. I have been married to girl from Kazakhstan and have been living in Kazakhstan. I have applied for Dv 2017 and won. Now I came across that both of us (wife and me) must meet requirements. She has finished secondary school (listed in immi help equvilent to high school) and then bachelor in psychology. But she has been working as an enterpneur (officialy) for 2 years.
does she meet the requirements?
Thanks in advance
May 16, 2016 at 14:53
Yes
July 5, 2016 at 15:04
Hello Britsimon,
At first thank you for keeping this most useful of blogs. It’s a real lifesaver for dv lottery participants, like us.
Could you give your opinion on our case, please?
My partner, who is selected for DV 2017, has Belgian citizenship, both of her parents are Belgians, born in Belgium. But in 1981 my partner was born in Canada, so not eligible for dv lottery 2017,but she chose Belgium as her country of chargeability in the entry form. As her parents were expats at that time and stationed in Canada for work purposes. They left Canada for Switzerland (also for work) after 1 year and a half after she was born. Her parents and my partner now all live in Belgium since 1995.
Do you think she would have a good case for a succesful green card procedure?
And what documents would you advice to bring to justify this case of chargeability?
And would you advice us to wait until we have collected all those documents before filling in and sending the DS260?
We also plan to get married before the interview. I understand this can cause suspicion on the part of the OC. But we have been together 7 years, and have since lived together for the last 5 years (proven with city register), we have bought 2 apartments together (also proven with notarial deeds), and have been legal co-habitants for the last 4 years (which is in Belgium an official status to recognize a relationship without it being a marriage), and have been paying taxes together for the last three. We actually should be married, really. 😉
We think that august or september should be realistic dates for our marriage.
What planning would you advice us for sending the DS260, in light of this planned marriage?
Her case number is 2017EU00002XXX
We still have a lot of questions, but I will not supercharge this post with questions. If you could shine your light on these questions we would be very grateful.
With the highest esteem.
July 5, 2016 at 17:49
About charging to Belgium. Based on what you say she is eligible to apply using the “missionary exception” described in the article above. She will need to provide some evidence of the reason that her parents were stationed in Canada at the time of her birth. She should take time to prepare that well including a sworn letter from her parents explaining the circumstances that caused them to be in Canada. Other evidence could include temporary visas, any letters from the employers and so on.
Similar cases have succeeded, but preparation is key including printing out the 9 FAM notes which describes the exception I mentioned. Link is here:
https://fam.state.gov/FAM/09FAM/09FAM050206.html
Your marriage won’t look suspicious at all – in fact not getting married would be a bizarre decision in the light of the lottery win. Again, take evidence of the relationship including the things you mention. It is easiest to delay submitting the DS260 until after the marriage. That will delay the interview of course, but that delay carries no risk in DV2017.
If you do ask further questions, please number them, so I can reply quickly to numbered points.
July 5, 2016 at 21:26
Hello and thank you for your prompt reply.
I had a look at the 9 FAM notes.
And indeed she could fall under exception 9 FAM 502.6-4.
paragraph (a) note (2)(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;
But to me the term ‘resident’ is a bit vague. They stayed in Canada for work for about 3 years and a half, I think.
Question 1: Does that make them residents? Or not?
Question 2: And what makes someone a resident and what doesn’t?
Best regards
July 5, 2016 at 22:04
Hello again,
Specific for me, there are also some questions that would need clarifying.
I’m an adoptee from South Korean and hold Belgian citizenship since 1979 through adoption. As we would get married soon I would be a derivative through my partner.
I went through all the documents needed (as stated in the help guide on the dvselectee website) and see that there could be a major problem with my birth certificate.
I actually don’t have a birth certificate but I have a copy of the Family Census Register in my adoption file, which is apparently a document that acts as an official birth/marriage/death certificate in asian countries with a confucian background, like China, Japan and South Korea. It works as following, a head of family is stated and then all the family is stated with their relationship to the family head. Like spouse, children, parents.
And as stated on the dvselectee website, although not a real birth certificate it contains all the elements a proper birth certificate should have.
Namely:
Person’s date of birth;
Person’s place of birth;
Names of both parents; and,
Annotation by the appropriate authority indicating that it is an extract from the official records.
Question 1: Would this Family Census Register document be accepted as a valid birth certificate?
Another problem that I discovered is that on this Family Census Register document, my birth place has a street and city name. But for all the official Belgian documents I have been using since 1979 my birth place has the name of the South Korean district where I was born.
So both are technically correct, but the terms used in the South Korean Family Census Register document and my Belgian passport, for example are different.
I already went to the Korean embassy in Brussels to see if they could make an official statement to clarify this discrepancy in birth places.
They told me that it’s not normal procedure for them to make such statements but would look into what they could do (I’m waiting for their response). And for them the Family Census Register document should be enough as a valid birth certificate. But I’m afraid an American CO will not come to the same conclusion.
I don’t think I will be able to change any of them birth place in court as there is no actual error in both of them.
Question 2: What would be the best way for me to clarify this discrepancy in birth places?
I hope this was clear enough and thank you for your help.
July 30, 2016 at 22:33
Hello simon
I was born in saudi arabia and i am sudanase and live in sudan ,, in my application i choosed sudan as my eligibility country and saudi arabia my birth country ,, although the chances of winning the lottery in saudi arabia are higher than sudan but both of my parents were born in sudan ,, so do i have a chance not to be rejected at the interview ??
July 31, 2016 at 03:45
Fully discussed here.
http://forums.immigration.com/threads/dv-2009-who-got-rejected-in-the-interview.279548/page-3#post-2438844
August 3, 2016 at 03:05
Hi Simon, great site, thank you.
My wife and I applied for DV 2016 under New Zealand and my wife was successful.
Seeing one of your posts today we just realized there might be an issue.
I was born in Singapore but am a NZ citizen and my wife is British. I went to NZ when I was 2. My parents were living in Singapore for 5 years and I was born while they were there. Neither parent is a Singapore citizen. My mother is a New Zealander. I never had a Singapore citizenship, my only citizenship was for New Zealand.
Is the fact that we applied under NZ for the DV lottery an issue? If so, do you think I can I rectify things – perhaps by contacting the DV authorities and sending my mother’s birth certificate and passport etc as required?
Thanks for your help.
Regards,
Madden
August 3, 2016 at 03:49
Yes you messed up. However, given the massive difference between OC region and AS region chances of selection, you would probably not have won ion AS region. Normally, this mistake would be disqualifying. However there might be a way forward.
Essentially you have to prove that your parents fit into the missionary exception. It is for people that have a child while they are stationed in a foreign country. So in your case you must prove that your parents were in Singapore temporarily. You need to prove the period of stay, the reasons they went there (being sent by their employer is best) and preferably that they maintained some ties to NZ (like they owned a home because they expected to return).
If you think you can prove all that (to a reasonable standard – a “preponderance of evidence”). Then you would be eligible. Your wife was the winner so she would be using another exception – that she is charging to the country of chargeability of her spouse. In that case BOTH you and her need to show that you meet the education (UK A level passes) or work experience requirement and you would have to activate your LPR status (enter the USA) at the same time. It is also important that you were legally married at the time of entry.
Both exceptions are somewhat unusual. You would need to print out the chargeability rules to take to the interview, as there is a chance that most COs won’t understand the detail that I have explained.
Your is going to be an interesting case. Now please tell me there are no other surprises.
August 3, 2016 at 04:18
Thanks for your help Simon.
My mum taught at a convent school and later worked at the NZ High Commission/Embassy.
Do you think I should contact KCC ahead of time and try to resolve this, or just take as much documentation as possible in on the day to the interview to present our case?
August 3, 2016 at 05:35
It has nothing to do with KCC. You present your case to the CO. This isn’t something you “resolve”. You make your case, the CO judges your case – sometimes obtaining a second opinion (which takes time after interview). Your best bet is to follow the advice I already gave.
August 3, 2016 at 05:40
I see. Thanks very much Simon. You’ll see a donation from us soon.
Cheers
August 3, 2016 at 05:54
Read and print the document at the link below – it is the “rulebook” that CO’s play by….
https://fam.state.gov/fam/09FAM/09FAM050206.html
October 13, 2016 at 04:33
Hi Simon, re the chargeability vs native question you helped us with above: we went through successfully no problems in the end because I had a lot of substantiating evidence.
This was the key paragraph from the DV instructions:
“Second, you can be “charged” to the country of birth of either of your parents as long as neither of your parents was born in or a resident of your country of birth at the time of your birth. People are not generally considered residents of a country in which they were not born or legally naturalized, if they were only visiting, studying in the country temporarily, or stationed temporarily for business or professional reasons on behalf of a company or government from a different country other than the one in which you were born.”
By proving my parents were not born there and were not naturalized, I was not naturalized and my parents were there temporarily with work* this seemed sufficient. Thanks again for helping direct us to the correct research!
*(my parent working for the government of the chargeable country may have also helped).
October 13, 2016 at 04:45
Glad it worked out for you. The preponderance of evidence I’m sure helped, but a government position with the old country made it virtually a slam dunk.
September 2, 2016 at 11:18
Hi Simon
I’m Sudanese National I won of lottery I selected Sudan is country of eligibility.
1- I born in Saudi Arabia is eligible Country.
2- My spouse born in sudan is eligible Country.
3- both my parents born in sudan is eligible Country.
4- my parents were not Resident at the time of my birth they came in Saudi Arabia for Visiting pilgrims ( documents in original Passport) .
My interview was 21/8/2016
I can make appeal after refused.. Here clear in website page no 8 kindly I need your help what should I do
https://travel.state.gov/content/dam/visas/DV-2016-Instructions-Translations/DV_2016_Instructions_English.pdf
September 2, 2016 at 13:53
Were you refused? If so, why? What refusal reason did they give on the paperwork they gave you.
September 3, 2016 at 09:29
Hi BritSimon in my case I was born in India but I hold Nepali citizenship and both of parent are native Nepali it was my dad he was Nepali (gurkha soldier) in Indian army so during the temporary stay of my parent I was born there.So in my Nepali citizenship country of birth is India. In my case what should I do? Am I eligible and what should I write about country of birth in the diversity visa ?
September 3, 2016 at 15:05
You are eligible if you can show that your Nepali parents were in India temporarily. Being stationed there as a soldier is precisely the type of reason they accept. As for what you say – you say the truth.
September 19, 2016 at 22:47
Hello Simon reading all your chats sound very good and i am happy the way u helping people, I am from Dem Rep of Congo and i am living in South Africa: my question is; can i use my home country mailing address where it says { in care of from block 8.a to 8.g } or i can fill the address where i live today? please help
September 19, 2016 at 22:58
Yes you can use that.
September 21, 2016 at 16:35
Hi BritSimon, i applied dv last year thinking i was eligible but im not sure anymore, i wasnt selected anyway but willing to apply this year again, my country of birth (not eligible) but school/work eligible, wanting to apply and claim husband’s birth place (eligible) but his school/work is (not eligible) can i still apply as main applicant using his birth country or he must be school/work eligible for me tp claim his country?
September 21, 2016 at 16:40
You can charge to his country, but if you were to win, the embassy “should” treat him as a principal selectee – meaning he would have to meet the education or work experience criteria. I have known embassies to mis-understand that rule and forget to check the credentials of the second principal selectee (your husband in your case) but there would be a significant risk that they know the rules and apply them correctly (in which case you would be refused at interview with no refund of fees).
September 23, 2016 at 17:07
Im in the US i have pending cos request from b2 to F1. Thank you for your opinion. Not sure if i should apply. I don’t qualify for any other option to immigrate 🙁
September 23, 2016 at 17:12
There is no harm in applying.
September 23, 2016 at 01:42
Hello and thank you for your website, it is very helpful.
I have a question, I am born in Kuwait but I have a Lebanese citizenship and living in Venezuela, which country should I put as my country of eligibility?
Thank you.
September 23, 2016 at 02:19
Kuwait.
October 16, 2016 at 23:23
Hi Sarah ,
My name is George .I have a similar concern like yours. My wife was born in kuwait .Her parents are both Indian citizens and they were not permanent residents at that time and neither afterwards during their stay in kuwait .She possessses a birth certificate from kuwait .I was just wondering if you could let me know if you too were in a similar kind of situation or did you possess kuwaiti citizenship or permanent resident status at any point in time.
Thank you.
September 27, 2016 at 10:33
i am so pleased with everything i saw here. i read all your post and the professionalism in answering everyone questions. i must confess that you are really doing a good job. i have two main questions to as.
(1) i am a Nigerian and my wife is from Democratic Republic of Congo. i understand that i can charge to her country to be able to apply for the DV lottery since her country is eligible for the program.
and the question now is, would this be possible because we only have a marriage certificate . i am not a citizen her country despite we are married. meaning i am still using my Nigeria passport.
(2) the last question is, we have a child already and we are expecting another one in about 5 months time., how can we fix the fact that if we apply now without including the unborn child.
what will happen if you win and we are called for interview knowing very well that we did not enter the then unborn child information when applying.
thanks and will be waiting to hear from you.
September 27, 2016 at 14:27
1. No problem.
2. People have newborns. The system allows for that. You will be able to add the baby later if you are selected.
September 27, 2016 at 23:19
Hi BritSimon,
I was born in Russia while my father was stationed there as a diplomat. Do I write in Russia as country of charge? I appreciate your time. Thanks!
September 28, 2016 at 00:06
Yes.
October 4, 2016 at 20:11
good day Mr Simon,
i hope you are doing great..
today, the dv lottery has started . and my wife tried to apply. everything seems to go well not until she got to the final stage of the application where she is suppose click submit, because, she clicked submit and we were expecting the confirmation page with the confirmation number, but to our surprise, the page never came. instead the page of the already filled entry form is what came up again and the time the submit provision was not there. we try to do it again but it still the same.
can you please kindly advice on what to do regarding this?
thanks.
October 5, 2016 at 01:31
Hi Simon, thanks so much for all the information.
I have a few questions. I was born in the UK. My parents were there temporarily after my father got a job in Cardiff. I was born in the meantime, and then we moved back to Australia. My father was born in Cyprus, and my mother in Australia, so as far as I know, I should be able to put either of those countries down under the exception.
Before I start the process of filling out the form, I’d like to know if I need to provide evidence of my parents’ birth during the application process? Or can I just explain my case in the form? And would it be better to go for Cyprus over Australia?
Thanks very much.
Nikki
October 5, 2016 at 05:11
You can use the exception. You will have to show evidence of the temporary nature of the stay in the UK (why your parents were there and so on).
An Australian case has a MUCH higher chance of selection.
October 5, 2016 at 05:49
Hi Simon,
Thanks so much for the response! Greatly appreciated.
Nikki
October 6, 2016 at 04:03
Hey Simon,
Hubby and I are both born in Europe and eligible to participate. Our son however was born in Canada. How does that work? I guess he can claim eligibility because of us but I am not sure what to indicate on the online Form. That would be our 6th lottery but first one with a child 🙂
Thanks
October 6, 2016 at 05:35
The child is simply listed as a derivative. You don’t have to “claim” eligibility for the child on the form – you simply include the child on your entry.
October 6, 2016 at 15:03
Perfect! Thanks so much for getting back to me so quickly. Also very appreciative of your work on the forum. Cheers.
October 6, 2016 at 06:36
Hi Simon,
My wife & myself were both born in Nigeria, however; we are both Lebanese citizens.
My parents were born in Lebanon & lived in Nigeria for some time working there.(Both of them are Lebanese citizens as well)
I’m aware that eligibility is based on the country of birth & not citizenship, however; can i claim my parents country of birth & complete my applications normally?
Does that work?
Thanks,
October 6, 2016 at 13:05
This is already answered in the article above – the “missionary exception”.
October 11, 2016 at 03:40
Hi again BritSimon,
My parents were literally missionaries in the Netherlands where I was born, but were both born in New Zealand where we moved back to when I was 3.
1. Am I better to apply under the “missionary exception”, as I understand that entrants from OC have a higher chance of winning, as opposed to an application from Europe?
2. Does the fact that I now live in Australia complicate things further? My parents still live in NZ.
October 11, 2016 at 05:46
1. The missionary exception is used when a birth country is not eligible. Yours is. Use it.
2. No
October 11, 2016 at 18:04
Hi BritSimon,
Me and my wife both are indian citizens currenlty residing in canada . my wife was born in kuwait and her parents was on temporary work permit at that time . Although her place of birth is mentioned as kuwait in her indian passport . Can she apply for Diversity visa inb USA.
Expecting your reply ,
George
October 12, 2016 at 05:42
She would need to show a birth cert for Kuwait.
October 13, 2016 at 20:21
Hi BritSimon ,
Thanks for your reply to my post on Oct 11
To add to that question, She was born in kuwait at that nether of her parents have permanent residence in kuwait . But she holds a Birth certificate from kuwait . Can she still charge kuwait .
George
October 14, 2016 at 01:19
Yes.
October 12, 2016 at 04:09
Hello BritSimon Thank you for this page to help others. I was born in Philippine’s to a filipino mother who was born in the philippines, my father was is Qatari and was born in Qatar. My father was not by any means resident in the philippines and as far as i knew he was not even there when i was born. he did however visit temporarily several times then eventually we all moved to Qatat inlculding myself and i was given Qatar’s citizenship automatically since my father is Qatari. In qatar its dual\zitizenship is not allowed and he never lost his Qatar citizenship for the philippines or any other country. the reason he married my mother in the philipines is because in Qatar it was not allowed for him at that time to marry a foreign woman or to grant any foreigner residency based on marriage to Qatari. can i apply and choose my father’s birthplace (Qatar)? or must both of my parents from eligible countries?
If yes, how can i prove that he was not a permanent resident in the Philippines at the time i was born? i dont have any documents from him other than a copy of his Qatar passport that was issued 2007 which shows that he was born in Qatar. but i have my first school certificates in qatar. I am not in contact with any of my parents. will showing the Visa Officer my first school records be enough to convince him that i moved to Qatar with both my parents and gained Qatar’s citizenship through my father? if i was selected for DV will i lose the opportunity to get green card only because i dont have (papers) that proves my father was not citizen or permanent resident of the Philippines?or is there a chance that they will believe me? i only want to know how big is the chance for me to actually recieve green card if i was selected in DV lottery so i can spare money for the filing. thank you Britsimon.
October 12, 2016 at 05:29
Because your mother was born in the Philippines, you cannot claim your fathers country of birth for your case. You cannot qualify for the DV lottery unless it is through marriage to someone from an eligible country.
October 20, 2016 at 00:27
Hi Simon !
Since you seem like a pro at this, I have a quick question.
I was born in Canada (not elligible) from French parents (elligible). At the moment of my birth they were not Canadian residents yet.
They became residents almost 1 year after my birth. During that year. they moved back and forth between France and Canada with me as a baby.
But they went on to live in Canada and I was raised there as a child. Since then my father went on to live abroad but my mother then lived all her life in Canada. Do you think I have a shot at this ?
Thanks !
October 20, 2016 at 20:50
Yes. Their later residence doesn’t affect the position as of your birth date. You just have to prove your parents were in Canada temporarily at that time (temp visas, that sort of thing. Apply choosing Canada for Q5, then in Q6 choose “No” and pick France. If you win – come back here and study how to prove your case.
October 20, 2016 at 22:15
Thanks Simon. Very appreciated and very swift reply.
I will come back here for sure if I win. Crossing fingers for now!
October 21, 2016 at 16:53
I am spanish national and I have spanish birth certificate in which writen that place of birth is Pakistan. My birth was in pakistan but I have spanish BC and I’m national of spain. Am I eligible?
October 21, 2016 at 18:28
You are not eligible the “normal” way. You “might” be eligible via your parents or marriage. The article above describes that…
December 6, 2016 at 14:50
Awaiting moderation
hi Greet Simon
Greeting ,
my husband is one of Dv 2017 Winners , But he made mistake on Country of eligibility , He was born on UAE & his roots from SUDAN, many people told us that will reject on interview & he stop prepare to interview cause the coast of medical check & interview fess (we have 4 sons)
he have Master degree and i have University degree
i read 9 FAM well & just i need your confirm if our case it’s under law 9 FAM
Notes
Both we have university degree
we are select together
our Case from Africa (AF2017>>>4XXXX
we have 4 sons
we
please reply to me with clear answer to print it & show it to my husband to start Again looking for dreams?
regard
December 6, 2016 at 15:02
Unless you were born in Africa, he probably has no way to claim chargeability to Sudan. In that case he is certain to be disqualified and all the fees would be a waste of money.
December 13, 2016 at 07:31
Mr. Simon
i was born on (Africa – Sudan), we can get Visa depend on my country of Eligibilty or not as per 9 FAM Law
December 13, 2016 at 07:36
You can get a visa charging to Sudan.
December 19, 2016 at 14:01
Sorry Mr. Simon
Even if my hussband made mistake on eligibility, and his a winner on dv
December 19, 2016 at 15:12
YES!
Your husband was allowed to charge to your country of birth, even if his own country was eligible. Read this:
https://britsimonsays.com/country-of-chargeability-for-dv-lottery/
January 4, 2017 at 11:02
Dear Simon,
I am British and was selected for a DV. I live in Germany with my wife who is a German citizen BUT was born in Iran. In this instance what is my country of chargeability? If it is Iran, would it be an issue that my wife does not currently hold a valid Iranian passport?
Many thanks for the guidance,
MH
January 4, 2017 at 11:03
note that we have an EU case number!
January 4, 2017 at 12:25
Simon,
Sorry for the muddled messages above.
My question would rather be, had I entered (which I hope I did last year) my country of chargeability as Iran (the birth place of my wife) would it be normal that I receive an EU case number? To me this seems like a mistake must have been made as normally I should have received an AS case number (were the country of chargeability correctly set to Iran).
Thanks again,
MH
January 4, 2017 at 15:03
Yes that means you made a mistake somehow.
If you have no reason to be charged to an EU country, your case will be disqualified at interview.
January 4, 2017 at 15:12
I read and answered your other post first. I see how the mistake has been made. I’m sure you selected her country of citizenship as chargeability, so they have assigned you an EU number for Germany. Citizenship does not qualify you and as you know British people are ineligible to enter the lottery unless some other chargeability is available.
I am certain you will be disqualified.
January 23, 2017 at 19:21
Dear Brit,
I and my spouse both born India (not eligible) country but we residing in UAE and I have a daughter 8 years old born UAE. Based on my daughter birth place I and my spouse can apply for DV Lottery?
Thanks
January 23, 2017 at 21:02
No. Your daughter would be eligible t apply for herself once she is 18. That would not benefit you.
February 8, 2017 at 21:53
hi Simon
Currently I have a interview soon at the London embassy, I have a quick question, my mother is Caribbean and my father is British born, I was was born in London, but at the time of my birth my mother was not a resident in the UK, she was still a tourist until months after she was able to get her indefinite stay. Is it fine that only my mother was temporary or does it have to be both parents. I’ve charged under her country of birth
February 8, 2017 at 23:48
You will be denied at interview. You cannot charge to your mothers place of birth because your father was born British. The rule that covers this is simple to understand – it is:
“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;”
March 8, 2017 at 21:27
Hello Simon! I’m glad this thread is still alive and hope to get an answer to my question. Please explain this to me since I have some doubts regarding my country of eligibility. I was born in Kazakhstan (USSR at that time) to my parents who neither of them was born in that particular region. My father was born in what is now part of Russia (then USSR), and my mother was born in what is now Moldova (then part of USSR). Soon after I was born we moved back to Moldova and have lived here ever since. After the collapse of the USSR I became a Moldovan citizen. Now, can I choose Moldova as my country of eligibility since my mother war born here, or should it be Kazakhstan? (Both countries are eligible but I was always applying for Moldova since it made more sense to me than Kazakhstan which I have nothing in common with). Thank you!
March 8, 2017 at 21:35
Country of birth. Kazakhstan.
Since both are in EU region, a mistake on that between those two countries would not cause disqualification.
May 12, 2017 at 21:48
Hi Simon,
I have a question and I hope you can help me.
I, my wife is DV2017 winners, she is Sudanese born in Egypt, she write that when fill DV application but write also Egypt in Country of Eligibility for the DV Program?
The questions is that problem to get visa? How she can fix that if it is a problem?
Thanz
May 13, 2017 at 04:45
She is charging to Egypt – that is correct.
June 7, 2017 at 11:22
My place of birth is Germany and I’m having Indian citizenship. Am I eligible to apply for green card lottery as my place of birth is Germany
June 7, 2017 at 13:35
Yes
June 7, 2017 at 13:39
Thanks Simon, one more doubt then my county of chargeability will be India That Won’t be an issue right
June 7, 2017 at 13:59
Germany. READ the article above.
June 7, 2017 at 14:13
Thanks for that article. I already read this and one point I just want to clear is so my country of eligibility/chargeability would be Germany even if my parents were born in India.
Thanks In Advance
June 18, 2017 at 15:41
Hallo Mr.simon
I born in saudi arabia and but i am egyptian i wrote egypt as country of eligibility so my C No. came as Africa.
My wife born in sudan
Is that consider as elective cross charging
My wife born in sudan and i wrote egypt as country of eligibility
My case no. Af
June 18, 2017 at 15:54
I already told you. You made a mistake in picking Egypt. However, because your wife is born in Sudan, you can charge to Sudan, and since that is in the same region as Egypt, they can approve you.
June 18, 2017 at 16:14
Dose the CO will give ne chance to explain ?? Or should i show the 9FAM rules directly??
June 18, 2017 at 17:11
The CO will discuss it. Have the 9 FAM rules ready.
Also, go with education documents for your wife in addition to your own.
July 12, 2017 at 15:43
Hello, I was born in Egypt ( eligible) to apply for green card lottery, recently I got a Canadian passport, so can I apply for green card lottery
August 14, 2017 at 05:11
Hi Mr.Simon I was born in Saudi Arabia but I put Egypt as my country of changeability and The parents were at work in Saudi Arabia where I was born. Can I accept in the interview that the parents are on a temporary visit Help me
August 14, 2017 at 06:26
No – you should have chosen Saudi Arabia. I believe you will be disqualified at interview.
August 14, 2017 at 21:18
I have read that there is much of the same issue we have been given consular visa is the decision here for the consul or these cases of exceptional
August 14, 2017 at 21:23
If the mistake crosses from one country to another in the same region, the CO has some discretion and will normally forgive the error. However, if the mistake is between 2 countries in two different regions (like in your case) the CO cannot use discretion – they must deny.
August 15, 2017 at 15:09
Thank you Mr.Simon
August 19, 2017 at 16:43
Question 6 contains options for the explanation.
First you choose the country where you were born (in question 5).
Question 5 has a selection for the following question “Are you claiming eligibility based on the country where you were born?” That is a Yes/No selection. If you say No, you choose the country from which you are claiming elgibility in another drop down list.
So – in this case, for an accurate entry, you should have selected Saudi Arabia in Q5, and in Q6 selected “No” and EGYPT
@hozifa555 – Did you do that?
I did this in this question But in Q6 i put Saudi Arabia
and my parents born in AF…
There hope mr
August 20, 2017 at 16:47
I was born in benin ,but both me and my wife live in Nigeria and have nigeria passport which I don’t have benin passport,Becos dv lottery will soon b out,I want to ask what can I fill for my wife in the question of country of birth,where were you born,and my child since both of dem were born in nigeria,is there any possibility for me to get Benin passport in case I won?
August 20, 2017 at 17:12
The passports don’t matter. What matters is where you are born. So – if you were TRULY born in Benin, you can enter the lotter charging to Benin and your wife can do also, charging to Benin (because her country of birth is ineligible and she is married to you, born in Benin). However, I must stress, lying is a BAD idea.
August 21, 2017 at 22:07
hi simon
Question 6 contains options for the explanation.
First you choose the country where you were born (in question 5).
Question 5 has a selection for the following question “Are you claiming eligibility based on the country where you were born?” That is a Yes/No selection. If you say No, you choose the country from which you are claiming elgibility in another drop down list.
So – in this case, for an accurate entry, you should have selected Saudi Arabia in Q5, and in Q6 selected “No” and EGYPT
@hozifa555 – Did you do that?
I did this in this question But in Q6 i put Saudi Arabia
and my parents born in AF…
There hope mr
August 21, 2017 at 22:16
Why are you repeating this? I have answered you already – right?
May 31, 2018 at 00:22
Hi simon..
I was born in Egypt and my husband too but i have been living in Saudi Arabia since 1995,, i won the lottery but unfortunately in my case number there is As instead of Af ,i called Cntacy center and they replied that there is a mistake in sixth Q regarding the eligibility country as I chose Saudi Arabia ..
Many people told me don’t take any step further because my case number is disqualified and the counselor will reject my file.
Is there any solution or proposal
((My Parents was living in saudi even before my birth but didn’t born there and my daughters was born In Saudi Arabia ..))
May 31, 2018 at 02:38
There is no solution. It would be a waste of time and money to proceed.
May 31, 2018 at 18:25
It’s happened before and there are few people were accepted I don’t know why..
Please advice me
Is it possible to go to the interview to try my chance without my family and if i pass they go on another day to interview in order to save my money?!!
I am waiting for this chance for along time..
May 31, 2018 at 18:36
You would be wasting your money – but that is your choice.
June 1, 2018 at 19:19
Thank you very much for your cooperation
I have last two questions
1/Is it possible to go to the interview without my husband and my children and then book them another appointment for the interview before traveling??how??
2/ how i can change the country of interview??
Thanks you again
June 1, 2018 at 20:21
1. No.
2. The FAQ has instructions.