1. WHAT DOES THE TERM "NATIVE" MEAN? ARE THERE ANY SITUATIONS IN WHICH PERSONS WHO WERE NOT BORN IN A QUALIFYING COUNTRY MAY APPLY?
"Native" ordinarily means someone born in a particular country, regardless of the individual's current country of residence or nationality. But for immigration purposes “native” can also mean someone who is entitled to be “charged” to a country other than the one in which he/she was born under the provisions of Section 202(b) of the Immigration and Nationality Act.
For example, if a principal applicant was born in a country that is not eligible for this year’s DV program, he/she may claim “chargeability” to the country where his/her derivative spouse was born, but he/she will not be issued a DV-1 unless the spouse is also eligible for and issued a DV-2, and both must enter the U.S. together on the DVs. In a similar manner, a minor dependent child can be “charged” to a parent’s country of birth.
Finally, any applicant born in a country ineligible for this year’s DV program can be “charged” to the country of birth of either parent as long as neither parent was a resident of the ineligible country at the time of the applicant’s birth. In general, people are not considered residents of a country in which they were not born or legally naturalized if they are only visiting the country temporarily or stationed in the country for business or professional reasons on behalf of a company or government.
An applicant who claims alternate chargeability must include information to that effect on the application for registration.