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Will answer on tax return affect my visa status?

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  • Will answer on tax return affect my visa status?

    Hey. I'm really stressed out over this, I would appreciate any advice.

    I've had an F1 visa for just under a year, and I'm an undergraduate student in the US from Ireland.

    I recently sent in my 8843 tax return. One of the questions asked if I had applied or taken any affirmative steps to gain lawful permanent resident status in the US, or have an application pending?

    I checked yes, and explained that I had enrolled in the DV-2011 (Diversity Visa Lottery). I had help filling out my form at H&R Block, the woman informed me that entering the Diversity Visa Lottery was "not an affirmative step to permanent resident status" but said that I should check yes anyway and explain, so I did.

    Would the IRS pass this information onto the USCIS and would it affect my F1 visa status?

    For example, if I returned to my home country (Ireland) and attempted to re-enter the United States, would they refuse me entry based on this? Or, if I have violated the terms of my visa, would they have to inform me while I am in the United States? Have I violated the terms of my visa? I'm really confused.

    Thanks in advance.

  • #2
    Technically, you applying for a DV lottery suggests that you have immigrant intent and you do not qualify to enter the US on a F1 when you have immigrant intent.

    If the POE officer finds out that you have applied for a DV lottery, they could possibly deny you entry may not be because of what you wrote on an IRS form.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      I'm not actually interested in staying in the United States, I was just looking to get in-state tuition, and doing the DV lottery was one route I took.

      Does that make a difference?

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