문구조항에 대해 어떻게 적용을 해야 하는지 확인해 주셨으면 고맙겠습니다.

In general, people are not considered residents of a country in which they were not born or legally naturalized

위의 녹색 하이라이트 부분의 내용을 예외로 해석해서 저의 경우에 적용을 할수 있는지 모르겠습니다.

부모님, 저, 부인 모두 남한 태생이지만 저만 지원가능한 제3국으로 귀화를 한경우 위의 문구조항을 바탕으로 지원 가능한가 해서 문의 드립니다.

 

부:남한태생 / 한국국적

모:남한태생 / 한국국적

와이프:남한태생 / 한국국적

본인: 남한태생 / 한국국적상실 / 호주국적취득

 

1.    WHAT DO THE TERMS “ELIGIBILITY”, “NATIVE” AND “CHARGEABILITY” MEAN? ARE THERE ANY SITUATIONS IN WHICH PERSONS WHO WERE NOT BORN IN A QUALIFYING COUNTRY MAY APPLY?

 

Your country of eligibility will normally be the same as your country of birth.

Your country of eligibility is not related to where you live.

“Native” ordinarily means someone born in a particular country, regardless of the individual’s current country of residence or nationality.

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 you were born in a country that is not eligible for this year’s DV program, you may claim chargeability to the country where your derivative spouse was born, but you will not be issued a DV-1 unless your spouse is also eligible for and issued a DV-2, and both of you must enter the United States together with the DVs. In a similar manner, a minor dependent child can be “charged” to a parent’s country of birth.

 

Finally, if you were born in a country not eligible to participate in this year’s DV program, you can be “charged” to the country of birth of either of your parents as long as neither parent was a resident of the ineligible country at the time of the your 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, studying in the country temporarily, or stationed temporarily in the country for business or professional reasons on behalf of a company or government from a country other than the country in which the applicant was born.

 

If you claim alternate chargeability, you must indicate such information on the E-DV electronic online Entry Form, in question #6. Please be aware that listing an incorrect country of eligibility or chargeability (i.e., one to which you cannot establish a valid claim) may disqualify your entry.

 

Section 202(b)

 

(b) Rules for Chargeability. – Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-

 

(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;

 

(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year.

 

(3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and

 

(4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien’s birth may be charged to the foreign state of either parent.

 

아래는 참고 자료 입니다.

 

http://travel.state.gov/pdf/1318-DV2012Instructions-ENGL.pdf

https://www.workingus.com/v2/gnu/bbs/board.php?bo_table=visa2&wr_id=31084#c_31094

부탁 좀 드리겠습니다.