US Diversity Visa Lottery selected but I forfeited, need to tell IRCC?

[tiffanym]

Hi guys,

I was ramdomly selected for the US Diversity visa lottery in 2021, but I decided not to apply for it. (The chance of success was really low for my high case number). The deadline was Sep 30 2021 to apply and to complete the whole application process. Since the deadline has passed, does this count as a refusal of a US visa so that I have to report this to IRCC? Thank you

 

[GandiBaat]

Hi guys,

I was ramdomly selected for the US Diversity visa lottery in 2021, but I decided not to apply for it. (The chance of success was really low for my high case number). The deadline was Sep 30 2021 to apply and to complete the whole application process. Since the deadline has passed, does this count as a refusal of a US visa so that I have to report this to IRCC? Thank you

I will say, ask a lawyer or RCIC first. This is a unique case. Very very rare people here are lawyers, and those who are will NOT give a legal advice unless you pay them and engage formally.

Common sense tells us that you cannot be rejected if you do not apply. Did you apply for diversity visa? Typically, canadian courts have opiniated that "Creating a EE profile is NOT same as applying and application is only meaningful once the money changes hand". Where? I do not remember the case. This is why it is so important to ask a lawyer or a RCIC on this matter. It will likely not a stretch to think that they will also consider getting selected for DV is not same as applying.

On the other hand you can play defensively and answer "Yes" to the statuary question and then explain your situation like you are doing here. The worst it could do is that your application will have to go through an additional review by a senior VO at IRCC which means it may be delayed a bit, not much.

I answered "YES" to that question as I did a flagpole for a WP once. That is an administrative refusal, which is similar in the sense, I withdrew my request to enter USA. I played defensively. I got my PR in 5 months. 27th Sept application and 28 feb e-copr. My application went through "Review Required" due to answering "Yes" to stat question. Still 5 months is better than expected.

 

[bellaluna]

Hi guys,

I was ramdomly selected for the US Diversity visa lottery in 2021, but I decided not to apply for it. (The chance of success was really low for my high case number). The deadline was Sep 30 2021 to apply and to complete the whole application process. Since the deadline has passed, does this count as a refusal of a US visa so that I have to report this to IRCC? Thank you

No is ok, but even a yes is not harmful. It is better to overstate.

I have an abandoned B1/B2 visa application and have comfortably answered “no” in all my subsequent Canada and US applications without any issues.

 

[tiffanym]

I will say, ask a lawyer or RCIC first. This is a unique case. Very very rare people here are lawyers, and those who are will NOT give a legal advice unless you pay them and engage formally.

Common sense tells us that you cannot be rejected if you do not apply. Did you apply for diversity visa? Typically, canadian courts have opiniated that "Creating a EE profile is NOT same as applying and application is only meaningful once the money changes hand". Where? I do not remember the case. This is why it is so important to ask a lawyer or a RCIC on this matter. It will likely not a stretch to think that they will also consider getting selected for DV is not same as applying.

On the other hand you can play defensively and answer "Yes" to the statuary question and then explain your situation like you are doing here. The worst it could do is that your application will have to go through an additional review by a senior VO at IRCC which means it may be delayed a bit, not much.

I answered "YES" to that question as I did a flagpole for a WP once. That is an administrative refusal, which is similar in the sense, I withdrew my request to enter USA. I played defensively. I got my PR in 5 months. 27th Sept application and 28 feb e-copr. My application went through "Review Required" due to answering "Yes" to stat question. Still 5 months is better than expected.

Thank you for your reply

I repeat, I DID NOT apply for the DV visa and I did not submit any application after I got selected. I would rather put NO to that question and just write an explanation somewhere since I did nothing wrong. What do you think?

Also I had my Work permit approved after I got selected but before the deadline for applying, even though I said nothing about it. If even not getting randomly selected does not count as a refusal, as well as being randomly selected but before the deadline, why would being randomly selected after the deadline count?

In Express entry, even if I received an ITA I can still defer/give up. I highly doubt that will also count as a refusal. Please correct me if I am wrong. Thank you!