US electronic diversity visa (Green Card Lottery) question.?

I am British (which discounts me as elligible for the Green Card Lottery).

HOWEVER. I was born in Hong Kong (left aged one, my father was in the military), Hong Kong SAR is eligible.

AND I am entitled to an Irish passport (again, father, Irish, Irish citizens are elligible).

Am I likely to be disqualified for claiming under either of these criteria?

It looks like the Irish passport won't help much as I've never lived there. Will I get the bum's rush if I win on a Hong Kong birth and turn up not being ethnic Chinese? :)

2009-10-24T17:35:16Z

Both my parents were British citizens (English Mum and Irish Dad serving in the British forces and posted to HK).

I left HK as a baby after being born in an army hospital as British and AFAIK have no particular rights there that British born citizens don't have...

2009-10-25T18:11:03Z

I am still a little wary.

Hong Kong was not Hong Kong SAR when I was born there, it was just Hong Kong, a dependant territory ("colony") of Britain - and natives of British dependant territories are inelligible for the DV-2011.

I assumed the fact HK SAR is allowed is primarily due to the large numbers of ethnic Chinese left 'stranded' in HK under communist Chinese rule rather than Brits like me!

I guess I need to know if I'm technically an elligible native of HK SAR or inelligible native of the same place pre-1995, when it was a British dependant terrirory...

researched it2009-10-28T02:44:05Z

Favorite Answer

You won't get the bum's rush because you are not ethnic Chinese. It has nothing to do with your ethnicity. If you pull up the application this is what it says:

"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. If you were born in a country that is not eligible for the DV program, please go to Explanation of Country of Eligibility {this link will open in a new window} to see if there is another option available in your case."

Native: A person born in a particular country is a native of that country.

The instruction sheet contains the following information:
"Native of a country whose natives qualify: In most cases, this means the country in which you were born. However, there are two other ways you may be able to qualify. First, if you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible, you can claim your spouse’s country of birth—provided that both you and your spouse are on the selected entry, are issued visas, and enter the United States simultaneously. Second, if you were born in a country whose natives are ineligible, but neither of your parents was born there or resided there at the time of your birth, you may claim nativity in one of your parents’ countries of birth if it is a country whose natives qualify for the DV-2011 program. "

You are a native of HK. You were born in HK. You are not claiming eligibility based on where you live now, but based on where you were born. I doubt that the political ramifications of colony vs not will make the difference, although the application does include the word "normally," which must be in there for a reason. Possibly you can claim Ireland based on your father's country of birth since your parents were not living in England at the time of your birth, however, that argument fails if the HK SAR birth place fails so it doesn't really help your situation. There is no place on the form to explain your circumstance. It appears that the most straightforward way to fill out the application would be based on where were you born and see what happens.

You have nothing to lose. It is free to enter. You need to get your entry in by November 30th. Don't wait. The system is slow during the last days of the lottery. Better to submit your application early.

Brooky2009-10-24T18:36:33Z

Your place of birth determines your eligibility and provided you can prove that you were born in Hong Kong, you won't have a problem. Hong Kong SAR natives are eligible so you are eligible. Your passport country means nothing.
http://www.travel.state.gov/pdf/DV-2011instructions.pdf

Diane2009-10-24T17:25:23Z

You are still a citizen of Hong kong right or did you get a green card in Britian? If your still Hong Kong Citizen yes you are elegible.