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Old 01-17-2011, 08:42 PM
 
59 posts, read 134,533 times
Reputation: 46

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Hello,

I won the DV lottery (i was extatic!) and had the final interview a few days ago in the US embassy in Paris (i'm french, sorry for the grammatical mistakes by the way). I had the feeling everything will be ok since i'm already living in the US, on an investor visa. I invested a large amount of money in my business here. I had bank statements showing 6 figures, the deed of 2 appartments i bought in the US, a resume showing my experience as an entrepreneur and a manager. I'm still relatively young, 35, and i have a good health.

It seems all this stuff was not enough because the consulate of the embassy (consulate, is this word right ?) told me my application was declined since i was working in the web industry (design & publishing) and she was adament that this kind of business experience doesn't give me the right to have a greencard. (they don't have a problem with me paying a large amount of taxes in the US with my web business under my investor visa though...)

To say i'm disappointed is an euphemism. I'm pretty bitter actually to be honnest. I'm feeling that people who will contribute less than me to the US economy are being accepted, when i'm not, and i think the reason about the web industry is ridiculous to say the least. I'm not feeling the love here, I don't undestand this policy and the good it should have for the country, especially with this economy, and i now begin to question myself about staying here.

So my question is, despite what i've been told, do you think i have a chance fighting this decision, with the help of a lawyer or there's no chance ? Has someone ever had the same experience ???

Thank you for your answers
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Old 01-17-2011, 09:54 PM
 
724 posts, read 1,685,791 times
Reputation: 723
Can we trade some of our less productive citizens for you?
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Old 01-18-2011, 01:47 AM
 
166 posts, read 375,323 times
Reputation: 265
Wow jasperz that's tough, man. If I were you, yes I'd get an attorney involved.

Another thing to think about is creatively making yourself look more "brick and mortar". Find local business partners - look more the part of your community and not just the "global virtual community". If you can establish a relationship with local charities, even better.

I'm in the "e-biz" myself, and lived in europe for awhile. Believe me, I couldn't stay there with such employment either, so it goes both ways. I had a work visa through a traditional employer which allowed me to live there.

I wish you luck. I know immigration matters suck to go through. :-\
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Old 01-18-2011, 03:02 AM
 
35,309 posts, read 52,305,052 times
Reputation: 30999
If you cant get a green card after winning the GC lottery what do other winners have going for them to make them successful in getting a Green Card

Quote:
my application was declined since i was working in the web industry (design & publishing) and she was adament that this kind of business experience doesn't give me the right to have a greencard.
I dont understand why the web industry would be viewed in such a manner, would this be a general government rule or just the attitude of the individual you were dealing with.
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Old 01-18-2011, 03:49 AM
 
Location: Southern California
3,113 posts, read 8,379,755 times
Reputation: 3721
Quote:
Originally Posted by jambo101 View Post
I dont understand why the web industry would be viewed in such a manner
I don't understand that either? How is web development not a valid form of employment or a valid business? Really outdated thinking there, in my opinion...
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Old 01-18-2011, 04:01 AM
 
Location: Rogers, Arkansas
1,279 posts, read 4,771,414 times
Reputation: 1225
That is very strange, I thought all you need when winning the DV lottery is a highschool education and financial sponsorship. Maybe they thought your job wasn't stable enough financially? Can you show them your tax returns/ income for the last three years or get a US based co-sponsor?
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Old 01-18-2011, 06:36 AM
 
Location: Sunshine Coast, BC
10,782 posts, read 8,728,597 times
Reputation: 17780
I'm so sorry, you must be absolutely crushed by this. I know I would be.

I'm no expert in this, I'm still trying to figure out the whole thing myself but I think the problem was with your occupation not exactly qualifying. They seem to have made it a bit more complex in the past couple of years.

From what I understand, your job has to be designated as "Job Zone 4 or 5, classified in a Specific Vocational Preparation (SVP) range of 7.0 or higher."

If you go to that site they refer to (O*Net Online), Web Developer is Job Zone Three with an SVP of 6.0 to 7.0.

Sorry

I thought that you could qualify by having the right occupation OR just having a high school diploma? Did they ask you about that?

It may be worth it to find an immigration lawyer and pay for a consultation to ask if it's worth fighting the decision.
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Old 01-18-2011, 07:11 AM
 
Location: Traveling again
2,534 posts, read 2,255,760 times
Reputation: 6083
Quote:
Originally Posted by jasperz View Post
Hello,

I won the DV lottery (i was extatic!) and had the final interview a few days ago in the US embassy in Paris (i'm french, sorry for the grammatical mistakes by the way). I had the feeling everything will be ok since i'm already living in the US, on an investor visa. I invested a large amount of money in my business here. I had bank statements showing 6 figures, the deed of 2 appartments i bought in the US, a resume showing my experience as an entrepreneur and a manager. I'm still relatively young, 35, and i have a good health.

It seems all this stuff was not enough because the consulate of the embassy (consulate, is this word right ?) told me my application was declined since i was working in the web industry (design & publishing) and she was adament that this kind of business experience doesn't give me the right to have a greencard. (they don't have a problem with me paying a large amount of taxes in the US with my web business under my investor visa though...)

To say i'm disappointed is an euphemism. I'm pretty bitter actually to be honnest. I'm feeling that people who will contribute less than me to the US economy are being accepted, when i'm not, and i think the reason about the web industry is ridiculous to say the least. I'm not feeling the love here, I don't undestand this policy and the good it should have for the country, especially with this economy, and i now begin to question myself about staying here.

So my question is, despite what i've been told, do you think i have a chance fighting this decision, with the help of a lawyer or there's no chance ? Has someone ever had the same experience ???

Thank you for your answers
It all depends on your motive for being in the United States. It's only worth fighting if you really want to be in the US really bad. Just know that it will cost you more money now than it would have cost you before because you will definitely need a "proven" immigration attorney to go up for appeal. The law firm will assess your profits from your 6 figure income and they will determine their fees (trust me they have their way of incurring additional fees) based upon your income. This will be costly.

If you are like some people who want so badly to be in the US because you can't make the same amount money in your home country or to connect with family or other justifiable reasons, then appeal the decision through a licensed US ABA approved US lawyer and make sure that the lawyer has no complaints filed.

The problem is you needed a lawyer from the start. This is so typical when people try to take the least expensive route and then end up paying alot more in the long run. Anyhow, the decision is up to you but you will probably need to stress other "intentions" unrelated to your job in order to stay here. A good immigration lawyer will help you to do this but ultimately it is up to USCIS/DHS.
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Old 01-18-2011, 11:40 AM
 
35,309 posts, read 52,305,052 times
Reputation: 30999
America certainly needs up and coming successful people like youself. the department is kind of shooting itself in the foot by denying your permanent residency,especially when this event could sour you on the idea of staying in America and you could decide to take your talents and good fortunes to some other country that would be more appreciative that you would want to reside in their country. The treatment you have recieved is a veritable slap in the face and if it were me i'd certainly be looking for an alternate location to settle down..
Good luck..
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Old 01-18-2011, 11:55 AM
 
2,283 posts, read 3,936,788 times
Reputation: 2105
What a totally f_cked up policy. My grandparents and parents immigrated to the US from West Germany in 1952 with nothing but their shirts on their back and co-sponsorship by a Quaker and a Russian-American emigre organization. Upon arrival the Quakers settled them in Philadelphia where they found jobs and never looked back. Overall a very good investment by America.

This guy brought $$$ and gainful employment with him to the US and can't get a fair shake. Unbelievable. Here's a link to an immigration forum:

ImmigrationPortal Forums

Good Luck!
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