Lottery Based Green Card - Cross Chargeability
For most people, the country of eligibility is the same as the country of birth. In other words, your eligibility is normally determined based on the country you were born in. Your eligibility is not determined based on country of your citizenship or your country of residence. "Native" of a country normally means the person born in that particular country.

"Chargeability" means that for immigration purposes the person is entitled to be "charged" to a country other than the country of birth under the provisions of Section 202(b) of the Immigration and Nationality Act.

Accordingly, there are two other ways you may be able to qualify:
  • you were born in the country whose natives are ineligible, but if your spouse was born in the country whose natives are eligible, you may claim chargeability to your spouse's country of birth provided:
    • you had included both you and your spouse on the entry that was selected; and

    • both you and your spouse are eligible to be issued DV visa; you are issued DV-1 visa and your spouse is issued DV-2 visa; and

    • both of you enter the U.S. simultaneously on the Diversity Immigrant Visa.

  • you were born in the country whose natives are ineligible, but either of your parents were not born in that country nor resided there at the time of your birth. In that case, you can claim chargeability to that parent's country of birth if that country is eligible to participate in the DV country.

    Normally, people are not considered residents of a country if they are only visiting the country, studying in the country temporarily, or located temporarily in the country for business or professional reasons one behalf of a company or government from a country other than the country in which the applicant was born. They are considered residents of the country in which they were born or legally naturalized.

A minor dependent child can be charged to the country of birth of a parent.

If you claim an alternative chargeability, you must specify that information on the E-DV (electronic online entry form in question #6.

Please make sure that you are accurately claiming the country of chargeability, have a valid claim and can prove that. Otherwise, your entry will be disqualified.