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Old 10-29-2009, 08:24 AM
nahlauwi nahlauwi is offline
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Join Date: Oct 2009
Posts: 1
Default Potential GC application refusal for DV lottery winner

I have got a question to whoever may have any insight as to how my situation may affect the decision to grant the immigration visa in case of win in the DV – lottery.

Background. I am a Russian/israeli Israeli citizen.
Plan to participate in the DV lottery as a Russian citizen.
While living in Israel I have undergone military service. At a certain point I left Israel while still being in the army but did not return to Israel and didn’t resume the military service.
I am aware that from the point of view of the Israeli military prosecutor’s office I am considered a deserter, however I have never officially been charged, arrested, convicted or imprisoned as a result of the aforementioned offense. Not court proceedings have taken place as well. This is all due to the fact that I have resided in Russia all that period and never crossed the border of state of Israel (in other words I’ve been out of their jurisdiction)
Besides this episode both Russian and Israeli police certificates will not contain any “negative data”
Police certificate from Israel (required to be submitted as part of the application package) may contain this fact (fact of desertion), or may not. I will not now know until the certificate arrives to the consulate.

Questions:
1.How this episode may affect the process of consideration for the immigrant visa pursuant to the win in the DV lottery. May this be a potential cause for refusal on the grounds that it is classified as an offense that is significant for refusal? I once again depict that I have never been charged, arrested nor convicted as per this episode.

2.In order to maintain the integrity of the application as a person who served in the armed forces I am to supply the army dismissal certificate which I naturally don’t have due to the fact that I haven’t officially been dismissed from the military service. What substitute document should I provide in such a case? Should I try and obtain a paper from the Israeli consulate that says that I have been in the service from xxx till xxx and highlighting my current status with the army (saying that I am deserter)?

3.Provided the principal applicant (spouse) will not have such complications will the chance of being granted the immigrant visa upon DV lottery win be any higher rather than if the person with such an episode being the principal immigrant visa applicant?

I would appreciate any help or link to relevant sources of information that would be able to provide a unambiguous answer.
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