You & Spouse were born in an ineligible country- Now What?

Eligibility Through Parents

Check if this applies to you.

You were born in an ineligible country. If yes, don’t give up on the Green Card Lottery dream yet. If you say YES to all the questions below, you might be eligible to apply through your parents.

1. Were your parents visiting your country of birth at the time you were born?
Refer to INA Sec 202 (b)(4) to understand the definition of a temporary visit. I will upload the Statutes and Regulations on this post soon, but in simple words this is what it refers to:

• Your parents were stationed in your birth country temporarily due to business or professional reasons. They may or may not have been under the instruction or orders of an employer, principal or superior authority foreign to such state.
  
• The duration of your parents stay in your birth country will not affect your eligibility to enter the green card lottery as long as they were temporarily living in your birth country.

2. Were both or at least one of your parents born in an eligible country?

3. After you were born, your parents never migrated to your country of birth.
Note: It is ok if they wish to migrate to your birth country after you file for the diversity lottery.

Look at this Example.

You were in born in Mexico. Your spouse was born in India. Your son was born in China. You and your family currently reside in England. ALL THESE FOUR COUNTRIES ARE EXCLUDED FROM ENTERING DIVERSITY LOTTERY. BUT, here is the loophole!! You were born in India when your parents were sent to India by Moroccan government for temporary work in India, AND one or both of your parents were born in Morocco. Remember, Morocco can apply to Diversity Lottery- 2011.

What can you do in this case?
Go ahead and make your application using your parents cross chargeability. Add your spouse and child as derivatives on your application.

Now, can your spouse apply using your parents’ cross-chargeability?
Yes. If your spouse is still married to you, he/she can make an application using your country of eligibility as Morocco.

Can your son make an application?
Yes. If he has fulfilled the educational/work experience requirement, is unmarried and is under the age of 21, he can apply using your country of eligibility (Morocco).