Foreign State Chargeability

[Boiler 46,103]

Work permits = resident

I have a friend out there on a work permit, that is where he resides.

Go on vacation is different.

[SusieQQQ 11,587]

Mother won last year.... She got her green card already. She is Dutch born in Netherlands.

The daughter just won, my sister in law, she was born in UAE. I need to get the dates of entry and exit, but yes they eventually came back to work. They were all on work permits....

Personally, I think she's going to face an uphill battle on this one, and I'd put chances of denial pretty high, but if she can spare the money and time and is prepared to argue the evidence and wants it that badly I guess it's worth a chance.

[Boiler 46,103]

Mother should hace stamps in her passpoer showing visitor status.

Looks like you only get 90 days.

Edited May 9, 2015 by Boiler

[Shauneg 762]

• Just minutes before the attack took place, an Twitter account with the username “Shariah is Light” posted a message saying “may Allah accept us as mujahideen” and ending “#texasattack”. The account was suspended soon after.

Lol.....huh? I know what this is referencing but why put it here?

[SusieQQQ 11,587]

Mother should hace stamps in her passpoer showing visitor status.

Looks like you only get 90 days.

Consecutively for months or years on end.

Had another poster worried that situation would be a problem for him the other way round, as he said he had been resident in UAE for ...2 or 3 years or something but on that basis. They accepted that his permanent address had been in UAE despite that. So.... let's just say they are clued up on difference between official and actual status.

Edited May 9, 2015 by SusieQQQ

[Jakartadream 0]

Hi Boiler

Work permits doesn't mean residency according to the faq

http://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2016-Instructions-Translations/DV_2016_Instructions_English.pdf#page8

We will see, like I said burden of proof is on her ....

[Boiler 46,103]

You did not read it fully.

[SusieQQQ 11,587]

Hi Boiler

Work permits doesn't mean residency according to the faq

http://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2016-Instructions-Translations/DV_2016_Instructions_English.pdf#page8

We will see, like I said burden of proof is on her ....

Being stationed temporarily somewhere for business is not the same thing as having a work permit. They will basically need to prove they went there intending to stay for a short, fixed period of time to set up the business and leave. This is undermined by the fact that they ended up back there again...

Remember many, many people around the world, including in the U.S., use a work permit as a step to permanent residency in their target countries. It's going to be hard enough to convince them of temporary residency to begin with without exact evidence and again, the fact that they went back seems to me to argue against the fact that it was intended to be temporary.

Just my 2c.

[SusieQQQ 11,587]

Oh, and note from the FAQ that if it was an emirati company they were working for at the time that automatically disqualifies this avenue.

Incidentally, how did she explain choosing Netherlands in question 6- the faqs say the eDV entry needed an explanation if choosing chargeability other than birth country?

Edited May 9, 2015 by SusieQQQ

[raven52 233]

It would seem that all you can do is submit the application, and just tell the truth about everything, and hope for the best.

Good luck, I hope it some how gets approved.

[Jakartadream 0]

Boiler : I did read it, did you? I don't think it is at black and white as you think. Have you gone through this?

Susie: I believe there was a drop down menu of some sort that said chargeability based on mothers birth or something along those lines. It wasn't an emarati company.

Raven: you are right . I think she will need to put everything on the table and see what happens. What's the worst that can happen, just the loss of the fee I guess.

Edited May 9, 2015 by Jakartadream

[SusieQQQ 11,587]

Yep, you know people who have been through the process so you know what it costs, time for the medical, getting all the docs, interviews etc.

May I suggest that she enters for DV2017 using the correct chargeability as a backup while all this is going on.

[Jakartadream 0]

Good point Susie , I will have her do the dv2017 as well...

[Boiler 46,103]

I certainly did read it and noticed it made an exception for those working abroard for their employer or government.

You stated that was not the situation.

I am also aware that the normal requirement would be for a local to have a majority share in any business so whilst not impossible for someone to work abroad and comply it would be very unusual.

[Jakartadream 0]

Hi Boiler

I guess you should brush up on your UAE law. A partner is not required in all businesses. Very common now to have 100% ownership.

I guess we will have to prove you wrong as you seem very sceptical.

Edited May 9, 2015 by Jakartadream