LegalEagleTX

This may not be terribly common for the forum members here since UK natives aren't eligible for participation in the Diversity Visa Lottery, but I thought I would ask given the breadth of knowledge here.

My wife and I are on E1 visas with our British company and we both have British passports. We are also NZ natives. The only big downside for the E1 for us is that our daughters would time out turning 21. We entered the Diversity Visa Lottery last year for 2022 as NZers and, viola, just found out my wife was selected. This means the whole family now has a path to Green Cards. Her selection number appears to be about the middle, and for 2021 they are processing selectees with her number in May with the end of the cycle being September. We will need to apply to USCIS for a change of status if we are awarded Green Cards.

Sooo, has anyone experienced (or heard of someone) being selected but ultimately missing out on a Green Card due to their selectee number? I know E1 visa holders are eligible for change of status to Green Card if they obtain a path to one, but are there any gotchas to be aware of?

tht

Where you have passports for is not relevant, I have 3 and only 1 is from my country of birth, and had I stayed in NZ and extra 18 months or so I would have had a 4th passport.

Where were you both born?

I am a UKC, but did the “Green Card Lottery” for about 9-10 years till I moved here on an L1a.

Based on my country of birth (Germany, which is eligible) I calculated my odds to be about 1:200, I met 1 guy in NYC from NZ who won, I think he said it was his first or second entry, I calculated the odds at the time for NZ were maybe 1:20. The winners are allocated more evenly by region/country and the number of applicants varies by orders of magnitude so the odds if wining are very different depending on where you were born. Some countries are so small like pacific islands that I assume it’s pretty much apply and win.

LegalEagleTX

Both born in NZ with NZ and UK passports. I missed out, but my wife got it and that's all that counts. Our first attempt, although she always seems to have the luck. I think NZers have a slightly higher chance than most and recent events may have deterred applicants, also counting in our favour.

tht

congrats, I did not read that far down the post.

my only advice and it’s generic to all USCIS related things is print online forms to double check them. Add a cover letter that lists everything attached in detail. In your case I would even consider $500-1000 for a lawyer to review everything might be a worthwhile “insurance” worth paying.

LegalEagleTX

Thanks. By the way, pretty sure I know that guy you met in NYC.

tht

That was back in 2010, when I was in the East Village… I think his name was Pete W. I think he may have left again?

Have you only entered the lottery 1 time, if you had 2 entries thats implies really good odds… on a tiny sample that’s 50/50… I do think there is is a massive diversity in the DV… from single digit odds to ones that are so long the $ lottery is just as likely as the DV…

TexanScot

To be specific, it's those who were born in Great Britain who aren't eligible; anyone born in Northern Ireland is still able to enter.

LegalEagleTX

Ah, not the guy I was thinking of.

A while ago I looked at the stats and calculated it about 1: 15 for Kiwis since we fall within the Oceania bucket.

Indeed, I see NI natives are not excluded.

LegalEagleTX

Second best part, behind the girls not timing out, is no more E1 renewals although it looks like we may still have to flagpole one more time to extend the I-94 expiry date.

LegalEagleTX

Actually, thinking about it, no more E1 renewals is third. The second is that the girls will now be eligible for SSNs which means we become entitled to $9,000 per year in tax credits, up from the $1,500 we are currently entitled to!

tht

It would not have surprised me if it had been the same guy, NZ is not a big place, especially out west where I lived in the Waitākere Ranges.

the main consideration should be if you plan to stay long term, there are some tax implications if you are a LPR and decide to leave after some years.. long term (i seem to think 8 years) it also provides the flexibility to become a USC which means you can leave to work abroad, you will be taxed on your world wide income… buy will also be able to claim the foreign earned income exclusion:
https://www.irs.gov/individuals/inte...come-exclusion

https://www.irs.gov/individuals/inte...patriation-tax

Not sure which tax credits you are talking about, I think there is one that’s not income based, but most like the one for daycare costs seem to disappear at higher AGI levels so I would check your numbers.

vespucci

That happened a lot if you had a high number some years ago, but I expect they may have refined it so it doesn't happen now.

civilservant

Typical. Get the chance to stay in the US permanently (something some people literally die for) and one of the prime concerns is what USG are going to give you for free

tht

How is a tax credit free? It usually just lowers your effective rate of tax if you are employed. Free would imply you pay nothing and get something.

LegalEagleTX

Zero comprehension, well done.