Diversity lottery while having B1/B2 visa

[Mexilaysian 26]

Hi all, 

 

I am planning to apply for diversity visa once it is open tomorrow. I know it is a lottery and I have the slightest chance possible of getting one. 

My concern here is I have a B1/B2 visa and already planned for a trip in December.

Will my application affect my entry or visa at all?

 

Thanks.

[Boiler 45,519]

No

[Harsha85 3]

I too had B1/B2 visa and won Diversity Visa last year. i didnt have any issues while crossing the border with B1/B2 visa. 

[randomstairs 303]

On 10/2/2018 at 7:53 PM, Mexilaysian said:

Hi all, 

 

I am planning to apply for diversity visa once it is open tomorrow. I know it is a lottery and I have the slightest chance possible of getting one. 

My concern here is I have a B1/B2 visa and already planned for a trip in December.

Will my application affect my entry or visa at all?

 

Thanks.

My understanding is that by just entering the DV lottery you're not expressing the immigration intent. You are not applying for an immigrant visa nor petitioning for any status. You are expressing desire, not intent, to immigrate. Only if you are selected by the lottery you may express the intent to immigrate by filing for the DV visa or by filing for AoS.

 

That means that in current circumstances you're not intending to immigrate, however, if the circumstances change in the future (e.g. by winning the DV lottery) you may change the intention - and that's totally okay.

 

You also don't have to disclose previous DV lottery applications in any future visa applications, unless they specifically ask you about it (there is no such question on any visa form as of now). So I don't see how not disclosing it on a visa form could even theoretically be deemed a misrepresentation (which would be a greater concern).

 

I know this is an older post but this question keeps coming up a lot and the answers are not always consistent. Many attorneys disagree with the above but most seem to agree that entering the DV lottery is not equivalent to petitioning for an immigrant visa.  

[DanielPlainview 368]

On 11/21/2018 at 9:05 PM, randomstairs said:

My understanding is that by just entering the DV lottery you're not expressing the immigration intent. You are not applying for an immigrant visa nor petitioning for any status. You are expressing desire, not intent, to immigrate. Only if you are selected by the lottery you may express the intent to immigrate by filing for the DV visa or by filing for AoS.

 

That means that in current circumstances you're not intending to immigrate, however, if the circumstances change in the future (e.g. by winning the DV lottery) you may change the intention - and that's totally okay.

 

You also don't have to disclose previous DV lottery applications in any future visa applications, unless they specifically ask you about it (there is no such question on any visa form as of now). So I don't see how not disclosing it on a visa form could even theoretically be deemed a misrepresentation (which would be a greater concern).

 

I know this is an older post but this question keeps coming up a lot and the answers are not always consistent. Many attorneys disagree with the above but most seem to agree that entering the DV lottery is not equivalent to petitioning for an immigrant visa.  

Yes, your argument makes sense to me.   For the purposes of DS-160, they ask "have you ever been refused a visa".   In the case of the DV, you are not "refused" a visa, you simply were not selected.    I just cannot help thinking that you're going to have some agent out there somewhere who is going to interpret a lack of response as a misrepresentation.   Wonder if it makes sense to simply note, "My previous Diversity Visa applications were not selected."

[SusieQQQ 11,586]

1 minute ago, DanielPlainview said:

Yes, your argument makes sense to me.   For the purposes of DS-160, they ask "have you ever been refused a visa".   In the case of the DV, you are not "refused" a visa, you simply were not selected.    I just cannot help thinking that you're going to have some agent out there somewhere who is going to interpret a lack of response as a misrepresentation.   Wonder if it makes sense to simply note, "My previous Diversity Visa applications were not selected."

No, it doesn’t make sense, (it’s kind of like telling the irs you didn’t win anything in the $$ lottery, irrelevant ) and it’s usually better not to use agents anyway.

[randomstairs 303]

20 hours ago, DanielPlainview said:

Yes, your argument makes sense to me.   For the purposes of DS-160, they ask "have you ever been refused a visa".   In the case of the DV, you are not "refused" a visa, you simply were not selected.    I just cannot help thinking that you're going to have some agent out there somewhere who is going to interpret a lack of response as a misrepresentation.   Wonder if it makes sense to simply note, "My previous Diversity Visa applications were not selected."

DV lottery application is NOT a visa application. Getting selected in the lottery makes you eligible to apply for the DV visa. But until you actually apply for the DV visa the answer to the question should be "NO" (you can't be refused something you've never applied for) - unless, of course, there were other visa applications.

 

 

[DanielPlainview 368]

3 hours ago, randomstairs said:

DV lottery application is NOT a visa application. Getting selected in the lottery makes you eligible to apply for the DV visa. But until you actually apply for the DV visa the answer to the question should be "NO" (you can't be refused something you've never applied for) - unless, of course, there were other visa applications.

SOLD !!    We have two other tourist visa denials so unfortunately it's still a "Yes" for us, but will disregard the DV apps.