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Diversity Lottery and Trump's 7-country ban?

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  • Diversity Lottery and Trump's 7-country ban?

    Last year I took part in the DV lottery.

    However, I was born in Somalia, but hold Dutch citizenship, and only that (no dual). If I win (low chance), will I still be banned from obtaining a US greencard?
    Furthermore, in the future, can people born in those banned 7 countries still participate in the DV lottery?

    I find this so unfair. Only been in Somalia for 4 months as a baby and have nothing to do with it besides that.

  • #2
    Originally posted by newacct
    They can, but the visa won't be issued until the ban is lifted.
    I thought nationality is more important than place of birth? Legally speaking.

    Is there any evidence that it will go by place of birth rather than nationality? There is a lot of confusing going on right now.

    I only hold an EU country's citizenship only. Don't have anything to do with those countries besides being born there. No dual national at all.

    Comment


    • #3
      Sorry I misread your post the first time. It appears to be by nationality based on the information right now. Whether you have a country's nationality is determined by that country's laws, not by you. In most countries, you are automatically a national if one of your parents (or your father) was a national and you were born in the country. So were your parents Somalians? Or were they foreigners in Somalia? Another thing that makes it tricky is that Somalia hasn't had a functioning central government for decades, and it isn't clear whether there is even a nationality "law" that is in force.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by newacct View Post
        Sorry I misread your post the first time. It appears to be by nationality based on the information right now. Whether you have a country's nationality is determined by that country's laws, not by you. In most countries, you are automatically a national if one of your parents (or your father) was a national and you were born in the country. So were your parents Somalians? Or were they foreigners in Somalia? Another thing that makes it tricky is that Somalia hasn't had a functioning central government for decades, and it isn't clear whether there is even a nationality "law" that is in force.
        My parents were both born there. But they both only have Dutch citizenship. Similar to myself. We have been in Europe since 1991.

        My only connection is being born there.

        I am truly perplexed at this blanked ban. So many innocent people can be affected.

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        • #5
          Unfortunately, Trump's executive order was not written by an immigration attorney, so it uses language that is vague and imprecise.

          It states "...aliens from countries referred to in..."

          What does "from" mean? I don't know. Immigration and Nationality law uses very precise terms like "nationals of" or "arriving from" or "born in".

          Is such a vague order enforceable? It is set to lapse in 90 days anyway.


          I say go ahead an apply for DV and don't worry about it

          Comment


          • #6
            Originally posted by inadmissible View Post
            Unfortunately, Trump's executive order was not written by an immigration attorney, so it uses language that is vague and imprecise.

            It states "...aliens from countries referred to in..."

            What does "from" mean? I don't know. Immigration and Nationality law uses very precise terms like "nationals of" or "arriving from" or "born in".

            Is such a vague order enforceable? It is set to lapse in 90 days anyway.


            I say go ahead an apply for DV and don't worry about it
            Some time has passed, and it seems mostly that I will be unaffected.

            Clarifications from the Dutch government [use Google Translate for American readers]:

            ''Het ministerie van Binnenlandse Zaken laat zondag weten dat een tweede nationaliteit sinds 2014 niet meer wordt geregistreerd. Als iemand die geboren is in een ander land is genaturaliseerd tot Nederlander, is dat de enige afkomst die in zijn of haar paspoort staat. Wanneer Nederlanders echter voor een reis naar de VS een visum of een ESTA-formulier moeten aanvragen, wordt de vraag over de tweede nationaliteit wel gesteld. Het ministerie van Buitenlandse Zaken meldt zondagavond dat zich nog geen Nederlanders hebben gemeld die problemen hebben ondervonden. Voor Nederlanders met een dubbele nationaliteit die zich in de VS bevinden, lijkt de maatregelen geen effect te hebben.''
            Last edited by Antonise; 01-30-2017, 12:12 PM. Reason: banned website

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