DOS Clarifies “Native Alphabet” Signature Requirement for DV Applicants

R 070243Z MAR 03
FM SECSTATE WASHDC
TO ALL IMMIGRANT VISA PROCESSING POSTS
UNCLAS STATE 060013

VISAS

E.O. 12958: N/A
TAGS: CVIS
SUBJECT: REQUIREMENT THAT DV APPLICANT SIGN IN "NATIVE"
ALPHABET

Ref: (A) 02 Abu Dhabi 5769 (B) 02 Riyadh 6740
(-C) 02 State 155627 (D) 67 Fed Reg 154 (Aug 9, 2002)

1. Summary. The regulations for the DV-2003 lottery (22 CFR (9 FAM) 42.33(b)(2)) require that the applicant personally sign the lottery entry using the applicant's "usual and customary signature" and "in his or her native alphabet." The regulations, however, do not define what is meant by the applicant's "native" alphabet. In general, posts can interpret "native" flexibly in this context to mean the alphabet that the alien normally uses in his/her writing, speaking, or signing, without regard to whether that is the alphabet that is in predominant use in the alien's country of birth or habitual residence. The ultimate focus should be on whether post is satisfied that the applicant did in fact sign the lottery entry and did not submit multiple entries, and the form of alphabet used should be examined with this underlying purpose in mind. End Summary.

2. Refs A and B sought guidance on the regulatory requirement, introduced this fiscal year, that DV applicants sign their lottery entries using their "native" alphabet. Reftels point out that, in certain parts of the world, an alien born or living in a predominantly non-English speaking country may have been raised or educated in English, and/or the Roman alphabet may be the customary form in which to make one's signature. Reftels also note that the public DV instructions advised applicants to sign in one's native alphabet, "as it would appear on his/her passport or other official or contractual obligations," and sought guidance on cases involving aliens who are non-native English speakers but whose passports are often in English and who sign their passports using Roman letters.

3. In light of these questions, Department provides the following clarification of the term "native" in this context:

--If the alien was raised or educated in English, or normally uses English at home or in business dealings,then in Department's view, the Roman alphabet can be considered the alien's "native" alphabet, even if the English language and the Roman alphabet may be not be predominant in the alien's country of birth or residence.

--If it is customary in the alien's culture or country of birth or residence to use a Roman alphabet signature for official documents, such as passports, contracts, etc., then the Roman alphabet can be considered the alien's "native" alphabet for DV lottery purposes, even if the Roman alphabet is not the predominant alphabet in the alien's country of birth or residence and even if the alien does not normally communicate in English.

--If, however, the Roman alphabet is not the predominant alphabet in the alien's country of birth or residence, and if the alien was not raised or educated in English and does not normally use English at home or in business, and if signing official documents in Roman alphabet is not customary in the alien's culture or country of birth or residence, then the English/Roman alphabet would not be considered the alien's "native" alphabet for DV lottery entry purposes.

4. In applying the above rules, posts should keep in mind that the "native alphabet" and other signature requirements were intended to combat fraud, with the principal goals being to identify possible imposters and to deter multiple, slightly different lottery entries submitted by the same alien. Posts should apply these rules with these underlying purposes in mind, and if post is confident that the applicant is not an imposter and if there are no signs of multiple entries through submission of slightly varied entries, and if it was reasonable in the context of the particular case for the alien to have used the alphabet he/she used on the lottery signature, then disqualification of the case on the ground that the signature was not in the alien's "native" alphabet generally would not be necessary.

POWELL