Can I Qualify for an F-1 Visa After Applying for the Green Card Lottery?

Applying for the U.S. green card lottery (diversity visa) is a separate process from applying for an F-1 student visa. Despite this separation, there is a risk that you might not qualify for the F-1 visa if you have submitted an application for the green card lottery.

Immigrant Intent  

The F-1 visa is a nonimmigrant (temporary) visa, which is issued to foreign nationals who have been admitted to a qualified academic program in the United States. The F-1 visa type does not allow dual intent -- that is, simultaneously planning to stay in the U.S. temporarily and permanently. This means that you have to prove strong ties to your home country and convince a consular officer that you have the intent and the financial means to return home after you complete your program, without any showing of intention that you're trying to get a U.S. green card. 

The green card lottery (formally known as the Diversity Visa Program) makes 55,000 immigrant visas (i.e. green cards) available to qualified foreign nationals who submit an application to the U.S. Department of State. Once the deadline for the program is met, applicants are selected at random, just like in a lottery. If your application is selected, you are eligible to apply for a green card, which will give you permanent resident status in the United States. When you apply for the green card, you will not, of course, be required to show strong ties to your home country -- a green card implies that you have the intent to reside in the United States permanently.

How Applying for the Green Card Lottery Could Affect Your F-1 Visa Application  

If you apply for the F-1 visa after submitting an application for the green card lottery, an issue can arise if the consular officer at your visa interview asks about the green card lottery. Once you disclose that you have applied for the lottery, it may be difficult to show that you have the intent to return to your home country after completing your academic program. If the officer believes that you do have immigrant intent, this is enough to justify a denial of your F-1 visa. You will want to make sure that you provide strong supporting documents showing ties to your home country, particularly if you reside in a country where F-1 visas are denied more often because of immigrant intent.

If you apply for the F-1 visa after learning that your application was not selected in the green card lottery, the chances of denial should be greatly reduced. You will still want to be prepared to overcome the intent obstacle and be very careful in preparing the supporting documents that prove you will return home.

If your application is selected in the green card lottery, you probably should not apply for the F-1 visa if you intend to move forward and apply for the green card. The chances are very high that you will not be approved for an F-1 visa if you are applying for permanent residence at the same time. You will not be able to argue that you do not have immigrant intent if you are asked about the green card application. The F-1 visa will also be unnecessary if you can enter the United States as a permanent resident. As a permanent resident, you will actually have greater freedom and flexibility in pursuing your studies.