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DIVERSITY LOTTERY AND TOURIST VISA

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DIVERSITY LOTTERY &  TOURIST VISA

citizenship test

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.

American Immigration Inspection Officer

American Immigration Inspection Officer

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.

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7 comments on “DIVERSITY LOTTERY AND TOURIST VISA

  1. Ilir
    July 12, 2013

    Hello,

    I have a visa B1/B2 August 2012 ends August 02,2013. On May 2013 my wife won DV- lottery 2014 & we are in process.
    In my company where i work ,we will apply again for B1/B2 visa on August.

    My question is :

    Can i apply for visa B1/B2 ? Am I allowed to apply

    Before applying should i inform the Embassy that I am in process of DV llotery 2014?

    Thanks

    • immigrationworkvisa
      July 22, 2013

      Dear Llir,

      Normally when an american green card is being processed, an application for a B1/B2 visa is denied. The reason is that the B1/B2 visa is a “single intent” visa – meaning you can only have one intent at a time (the intention to be in the USA temporarily).

      If your green card is pending you will have “dual intent” (the intention to be in the USA temporarily, but also an intention to live in the USA permanently). It will be up to the U.S. Consulate whether they issue your B1/B2 again or not but they are not supposed to if your green card is pending.

      Kind regards, Danielle Nelisse
      http://www.immigrationworkvisa.com

  2. Kinni
    March 26, 2013

    Hi Danielle,

    I need to ask if I have been ‘not selected’ for the Diversity Lottery and I am currently applying for a B2 visa for my son’s graduation, what do I write in answer to DS 160 form’s following question:

    “Have you ever been refused a U.S. Visa, been
    refused admission to the United States, or
    withdrawn your application for admission at the
    point of entry?”

    This would be very helpful. It is very urgent, kindly reply at the earliest.

    Regards,
    K. Mehta

  3. Peter Kiweewa
    January 17, 2012

    Hello,

    ope yo doing great and thanxs for the good work
    am called Peter Kiweewa and entered the US on an immigrant visa on December 14th 2011.

    I received form I-797 informing me that my application had been received on 9th Jan 2012.

    A week later i received another UNKNOWN FORM TYPE X999 I-797,Notice of Action informing me that USCIS must capture my biometrics to process my application.

    My question is that after the biometrics test, is there anything else that will be required of me to go to USCIS offices physically because I intend to fly out for exams in February 2012 and wait for another set to be done in June 2012 meaning am going to be out of USA between Feb and June and come back in July 2012.

    My worry is that I might be out of US then USCIS requires me to go to their offices for anything. So is there possibility of something coming up after the biometrics? If yes,what could it be and what is the best approach if it happened? What comes next after biometrics.

    Otherwise if all goes well, i intend to receive my green card through mail from relatives in the US when its sent to my address in the US.

    thanks and kind regards,
    Peter .

    • immigrationworkvisa
      January 18, 2012

      Dear Peter:
      Please don’t leave until you receive the green card. No one can predict if you will be asked to appear in person for more than 1 biometrics appointment or something else inside the USA. Often the rules change without notice.

      Kind regards, Danielle Nelisse

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