Parents country chargeability

[buckethead 0]

Hi everyone

 

I have a question about parents' country chargeability. I was born in a non eligible country, whereas both my parents are from an eligible country. I was born while my parents were on a temporary work visa in the country I was born. After that they would became permanent residents and live there until today.

 

I understand that I can use my parents home country for DV if they were temporarily in the non eligible country or in business leaded by their home country. In the case of a temporary work visa working for a company from my home country, would I be eligible to use their country for DV? Not sure if it adds anything but I am a dual citizen of both countries.

 

Thanks a lot

[HRQX 4,145]

43 minutes ago, buckethead said:

I was born while my parents were on a temporary work visa in the country I was born.

Who was their employer? "at the time of the child’s birth, the parent or parents were stationed in such country under orders or instructions of an employer, principal or superior authority whose business or profession was foreign to that foreign state, the applicant may be charged to the foreign state of either parent."

[buckethead 0]

Thanks for the reply. The employer was a private company from my home country, not theirs, so that shouldn't apply. Is that right?

[SusieQQQ 11,586]

1 hour ago, buckethead said:

Hi everyone

 

I have a question about parents' country chargeability. I was born in a non eligible country, whereas both my parents are from an eligible country. I was born while my parents were on a temporary work visa in the country I was born. After that they would became permanent residents and live there until today.

 

I understand that I can use my parents home country for DV if they were temporarily in the non eligible country or in business leaded by their home country. In the case of a temporary work visa working for a company from my home country, would I be eligible to use their country for DV? Not sure if it adds anything but I am a dual citizen of both countries.

 

Thanks a lot

If your parents subsequently became permanent residents and stayed there, my understanding is that their stay does not count as “temporary” The instructions admittedly are not very clear on what happens in such an event. It’s fairly difficult to prove this eligibility criterion as a rule simply because it’s often hard to get the evidence for it so many years after the fact, but that evidence usually includes showing that the parents’ stay was temporary and when they left. 

 

Citizenship is not relevant for DV eligibility. 

[buckethead 0]

Thanks for the reply. I agree that the fact that they became permanent residents is a good indicator that the stay was not temporary. 

[HRQX 4,145]

1 hour ago, SusieQQQ said:

The instructions admittedly are not very clear on what happens in such an event.

But both the instructions and FAM are clear: "stationed temporarily for business or professional reasons on behalf of a company or government of a country other than the one in which you were born." OP already clarified and their employment doesn't meet that bolded part.