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Danielbuenos

Won lottery under wrong chargeability?

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Filed: Timeline

So here's the deal. I'm Irish born but have lived in Australia since I was two. I had entered two or three times before as an Irishman (since I was born there) and no luck. I noticed that they normally let in around 100 irishmen, and 1000 australians. So last year, I changed my country to Australian... and won!

I thought "oh well, I'm an Australian citizen, why can't I not apply as such?"

I've looked into it, and apparently I don't have provision to claim as Australian based on that.

So what should I do?

The next stage is to send away the forms to Kentucky with photos. It asks what country you are claiming chargeability so I think these are my options, and this is what I want help with:

1) Stick to my guns, put down Australia, get interview and THEN try and say "oh I thought I could apply as Australian since I am naturalized and a citizen. Please ?

2) Change my country of chargeability now, and hope that they just put me in the "irish box" and don't disqualify me. Maybe hope that they do this and give me an interview anyway.

What do you guys think? This chargeability thing is really annoying. For all intensive purposes, I am Australian, I just wasn't born here. My parents emmigrated to Australia before I was born and my mother was actually pregnant with me and THEN went back to Ireland for two years. So based on a technicality, I am the son of Australian immigrants. (is this a loophole?)

I really would like to stay as Australian as they let in 10 times as many each year. I'm guessing Irish apply in droves and their meager 100 spots are long since filled.

Advice?

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I'm sorry to be the bearer of bad news, but you'll be disqualified. If you go back and look at the instructions, it's clear that chargeability is dependent on country of birth (with the odd exception eg where you can use your parents, but this isn't a loophole for you as your parents were not Australian but temporarily in Ireland when you were born - that would have worked for you, but 2 years is not temporary). If you put the wrong country but it's from the same region as you would have been you won't be disqualified (eg if you had put Spain rather than Ireland it would still be an EU number) but if the region is wrong you will be disqualified.

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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 during DV registration 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, you may continue processing the application.

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http://www.state.gov/documents/organization/87838.pdf

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From what I understand they simply won't allow it, as their Irish allocation will be done, but I guess you have only your postage/courier fee to lose by filling in the form and sending it off....

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