Question About Country of Eligibility for DV Lottery

[seth2013 39]

Good evening, 

This is a last minute decision to apply on my MIL and FIL part, and there a little confusion about their eligibility. My MIL is born in China, but my FIL is born in Japan (so would be eligible). This paragraph is a little confusing for us (quoted from the instructions): 

Quote

Eligibility Requirement #1: Individuals born in countries whose natives qualify may be eligible to enter. If you were not born in an eligible country, there are two other ways you might be able to qualify.  Was your spouse born in a country whose natives are eligible? If yes, you can claim your spouse’s country of birth – provided that both you and your spouse are named on the selected entry, are found eligible and issued diversity visas, and enter the United States simultaneously.

My FIL does not have a high school diploma, though my MIL does, and is a nurse. Would she be able to apply for the DV lottery, using my FIL country of birth (Japan) even though he isn't able to enter because of his education? Thank you. 

[SusieQQQ 11,586]

Hi,

The rules above mean that a spouse can only cross-charge to the other spouse’s country of birth if the other spouse is also properly eligible for DV in their own right. So unless your FiL can meet the work experience requirement in lieu of the education one (and prove it satisfactorily in interview), unfortunately neither of your in laws will be eligible for DV. 

[seth2013 39]

Oh well, thanks so much for answering!

[ttaz 2]

How about your husband become naturalized citizen then sponsor his parents?

[seth2013 39]

4 hours ago, ttaz said:

How about your husband become naturalized citizen then sponsor his parents?

Thanks! We are worried that he would have to give up his Japanese citizenship to naturalize, which he does not want to do. 

[ttaz 2]

I know may people never reported to Japanese consulate about US citizen ship. Naturalized US citizen case is different than us born citizen case. (Typically you can keep two citizenship if you are born in the USA from Japanese parents even after 21yrs old.) Suggest google about this gray zone Japanese dual nationality stuff. 

May be renew his Japanese passport in Japan before it is expired each time? Consulate will ask his visa status in the US when he renew passport in the us. or file any official documents at the consulate such as registering child for Japanese family registry etc...   There are no official penalty of having dual nationality but iJapanese immigration may take way his Japanese passport if they find it at the airport. Be nice and act smart to the official at the airport.

 

Also think about parents medical insurance when they immigrate to the USA. Medical cost in Japan is very cheap and better compared to the USA.  Also leaving their friend and adjusting to the new life.

 

May be parents stay 90 days using VWP to see if they like it? or opening business using E visa to stay if they have enough skills to open own business?

 

 

 

Edited November 22, 2017 by ttaz

[SusieQQQ 11,586]

1 hour ago, ttaz said:

I know may people never reported to Japanese consulate about US citizen ship. Naturalized US citizen case is different than us born citizen case. (Typically you can keep two citizenship if you are born in the USA from Japanese parents even after 21yrs old.) Suggest google about this gray zone Japanese dual nationality stuff. 

May be renew his Japanese passport in Japan before it is expired each time? Consulate will ask his visa status in the US when he renew passport in the us. or file any official documents at the consulate such as registering child for Japanese family registry etc...   There are no official penalty of having dual nationality but iJapanese immigration may take way his Japanese passport if they find it at the airport. Be nice and act smart to the official at the airport.

 

Also think about parents medical insurance when they immigrate to the USA. Medical cost in Japan is very cheap and better compared to the USA.  Also leaving their friend and adjusting to the new life.

 

May be parents stay 90 days using VWP to see if they like it? or opening business using E visa to stay if they have enough skills to open own business?

 

 

 

Also maybe take this part of the discussion to a relevant forum? This is DV lottery forum...