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Is DV Lottery Eligibility Based on Citizenship or Nation of Birth

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  • 10-19-2016, 12:01 PM
    lawfacts
    Is DV Lottery Eligibility Based on Citizenship or Nation of Birth
    Are you eligible to participate in the DV Green Card visa based upon your nation of birth, without regard to citizenship, or does your citizenship trump nation of birth? For example, if you're a a citizen of India but were born in Nepal, could you apply based upon your having been born in Nepal?
  • 11-15-2016, 11:26 AM
    Mr. Knowitall
    Re: Is DV Lottery Eligibility Based on Citizenship or Nation of Birth
    The question is, what is your nation of eligibility. For most people, their nation of eligibility will be the same as the nation in which they were born and hold citizenship. Sometimes a person may claim to be charged to a nation other than their country of birth for purposes of DV eligibility.

    The most common grounds for chargeability are marriage, and birth while your parents were outside of their nation of residence. Specifically if you were born in a nation whose native population is not eligible for the DV lottery:

    1. You may claim chargeability based upon your spouse's nation of birth, provided that both you and your spouse are included on the winning entry, both you and your spouse are eligible for a DV visa (DV-1 for the applicant; DV-2 for the spouse), and you and your spouse both enter the U.S. at the same time on the diversity immigrant visa; or

    2. If neither of your parents were born in the nation of your birth, and neither resided there at the time of your birth, you can claim chargeability to a parent's nation of birth if citizens of that nation are eligible to participate in the DV lottery.

    A minor dependent child may be charged to an eligible parent's nation of birth.
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