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DIVERSITY LOTTERY & TOURIST VISA
If you have a B1/B2 Tourist Visa in your passport already and you filed a diversity lottery application, you should not lose your B1/B2 Tourist Visa. Likewise, if you first file a diversity lottery application and later apply for a non-immigrant visa, you should not be denied the non-immigrant visa on that basis alone.
First of all, entering the diversity lottery is not the same as “filing an immigrant visa on your own behalf.” For example, a common question for B1/B2 Tourists (and for E-3 visa holders, H1b1 visa holders, TN visa holders, H-1B work visa holders, and F-1 student visa holders for that matter) is “Has anyone ever filed an immigrant visa petition on your behalf?”
Filing a diversity lottery application to compete for an immigrant visa is not the same thing as someone filing an immigrant visa petition on your behalf, so the answer is “no.”
However, if you are ever directly asked, either by a Consular Officer at a U.S. Embassy/Consulate or by an Immigration Officer at an American airport, whether you have ever filed a diversity lottery application you cannot lie and you must say “yes.”
Your honest answer should not cause the officer to cancel or revoke your non-immigrant (B1/ Tourist visa, H-1B work visa, H1B1 visa, E-3 visa, TN visa, or F-1 student visa, etc.) visa because you filed a diversity lottery application for a chance to immigrate in the future. The filing of a diversity lottery application doesn’t change your present intent to enter the U.S. temporarily in non-immigrant visa status.
For example, if asked, you would tell the officer that yes, you filed a diversity lottery application, but at the present time you intend to return to your home country at the end of your non-immigrant visa trip to the USA.
While waiting for the diversity lottery results, keep in mind that it is always your burden to prove that you intend to only be a temporary non-immigrant at the present time.
How do you prove present non-immigrant intent?
TIP: When entering the USA with a non-immigrant visa, carry as much proof as possible to prove that you still have the following in your home country: residence (utility bill), bank account, automobile, credit card, health insurance, driver’s license, tax returns, family, employment, etc.
Also be advised that the immigration officers at American airports may google your name on the internet and look up your myspace, facebook or linkedin accounts to see what what home country of residence they indicate.