What
is the "Green Card" Lottery?
The
U.S. Congress has authorized the allotment of 50,000 immigrant visas
in the DV-2005 category during Fiscal Year 2005 (which runs from
October 1, 2004 to September 30, 2005). Foreign nationals who are
natives of countries determined by USCIS (according to a mathematical
formula based upon population totals and totals of specified immigrant
admissions for a 5-year period) are eligible to apply. The application
period began on Saturday, November 1, 2003
and ends on
Tuesday, December 30, 2003.
For
the first time, entries this year are submitted electronically.
Applicants can submit their applications at www.dvlottery.state.gov.
Paper entries are no
longer accepted. Applicants can submit their forms themselves
or they have a representative such as a lawyer submit the application
on their behalf.
Which
countries are excluded from the lottery?
The
following countries are excluded: Canada, China - mainland China
(nationals of Hong Kong, Macau and Taiwan, ARE included), Colombia,
Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico,
Pakistan, Philippines, Russia, South Korea, United Kingdom (natives of
Northern Ireland and Hong Kong are eligible, but natives of Anguilla,
Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands,
Gibraltar, Montserrat, Pitcairn, St. Helena, and the Turks and Caicos
Islands are not eligible), Vietnam.
Why
was my country excluded?
The
DV lottery is designed to increase the diversity of the overall pool
of immigrants coming to the US. Countries that are proportionately
over-represented in the immigrant population are excluded. Countries
that have sent more than 50,000 immigrants to the US in the past five
years are put on to the list above.
How
are visas allotted?
The
DV-2005 program apportions visa issuance among six geographic regions
(Africa, Asia, Europe, North America (other than Mexico), Oceania, and
South
America (including Mexico, Central America and the Caribbean). The
world is
divided up into high and low admission regions and each of the six
regions is
divided into high and low admission states. A greater portion of the
visas goes
to the low admission regions than to high admissions regions. High
admission
states are entirely excluded from the lottery (those states are listed
above)
and low admission states compete equally with other low admission
states in
the same region. No single state may receive more than 7% (3,500) of
the
50,000 allotted visas.
Who
is eligible to apply for the lottery?
To
receive a DV-2005 visa, an individual must be a native of a low
admission
foreign state (described above). The individual must have at least a
high school education or its equivalent, or, within the preceding five
years, two years work experience in an occupation requiring at least
two years training or
experience.
What
does it mean to have a "high school education or its
equivalent?"
"High School
education or its equivalent" means the successful completion of a
twelve year course of elementary and secondary education in the U.S.
or
successful completion in another county of a formal course of
elementary and
secondary education comparable to complete a 12 year education in the
U.S.
or successful completion in another country of a formal cause of
elementary
and secondary education comparable to completion of a 12 year
education in
the U.S. Passage of a high school equivalency examination is not
sufficient. It
is permissible to have completed one's education in less than 12 years
or more
than 12 years if the course of study completed is equivalent to a U.S.
high
school education. Documentary proof of education (including a diploma
or
school transcript) should NOT be submitted with the application, but
must be
presented to the consular office at the time of formally applying for
an immigrant visa application.
What
does it mean to have "two years work experience in an occupation
requiring at least two years training or experience?"
The
determination of which occupations require at least two years of
training or experience shall be based upon the Department of Labor's
O*Net Online database. Previously, when work experience was used as
the equivalent of high school graduation, the employment position was
compared to those in the US Department of Labor Dictionary of
Occupational Titles. The
Labor Department has phased out this publication and replaced it with
the O*Net online system. To reflect this change, the State Department
will begin using O*Net classifications in determining whether an
applicant has the equivalent of a high school education. The O*Net
system is available online at http://online.onetcenter.org.
As with proof of education, documentary proof of work experience
should not be submitted with the application, but must be presented to
the consular office at the time of a formal immigrant visa
application.
Can
I be a "native" of a country other than the country in which
I was born?
A
native is both someone born within one of qualifying countries and
someone
entitled to the "charged" to such country under Section
202(b) of the Immigration and Nationality Act. Thus someone may be (1)
charged to the country of birth of his/her spouse, but only if the
spouse is also issued a visa and enters the US at the same time as the
primary applicant; (2) a minor dependent child can be charged to the
country of birth of a parent; and (3) an applicant born in a country
of which neither parent was a native may be charged to the country of
birth of either parent.
Will
applying for the lottery affect one's ability to receive a
nonimmigrant visa?
Applying
for the lottery will probably
not affect one’s chances of receiving a non- immigrant visa.
Technically, filing a visa lottery application is equivalent to filing
an immigrant petition. According to a source at the Department of
State, a consulate will only be notified IF the person is selected in
the lottery. An individual who is not chosen is on his honor to state
that he/she applied for the lottery. Theoretically, if your name is
selected in the lottery, you may have trouble renewing nonimmigrant
status while waiting for your name to be cleared for processing (see
discussion on the post-selection process for securing a green card).
This should only be a temporary problem since permanent residency
should eventually be awarded. There is still a risk that you will fail
to be deemed eligible for the DV-2005 visa or the Department of State
will have overestimated the number of individuals to select in the
lottery (see discussion on how the selection process works). However,
of all the lawyers with whom I have spoken, none have ever reported a
problem with a client having entered the lottery. We have instructed
our clients to answer the question on the DS-156 concerning previous
immigrant visa applications as follows: "My lawyer entered me in
the DV-2005 lottery." We have never had a problem reported and I
have yet to hear of anyone denied a visa because of a previous lottery
application.
Do
I need to be in lawful visa status to compete?
An
individual who is in the U.S. need NOT be in lawful status to compete
in the lottery. However, the Department of State has indicated that it
will share information with the Immigration and Naturalization Service
for the "formulation, amendment, administration and
enforcement" of the country's immigration laws. Furthermore, a
person out of status may be subject to the three and ten year bars on
admission of the 1996 immigration law and unable to take advantage of
winning the lottery. However, we believe that if someone has a pending
visa application approved before April 30, 2001 (for example, an I-130
approved but where priority dates are not current), the person may be
able to process a lottery selection in the United States. Because the
laws on this subject are highly complex, it is recommended that out of
status persons contact an immigration lawyer to determine their status
and an appropriate strategy.
Does
it matter whether I am or am not in the U.S.?
Individuals,
who otherwise meet the requirements for competition in the lottery,
may compete whether they are in the United States or in a foreign
country.
Are
there any limitations on the number of entries I can send in for the
lottery?
Each
individual is limited to one application in the lottery. If more than
one
application is received, the individual will be totally disqualified.
Note: Hundreds of thousands of applications are rejected every
year due to multiple applications. It is not a problem if you have
submitted an application during a PREVIOUS lottery registration.
May
a husband and wife each submit a separate application?
Yes.
If otherwise qualified, a husband and a wife may each submit one
lottery
application. If either spouse is selected in the lottery, the other
would be entitled to derivative status.
If
I win, can I get green cards for my family?
Your
spouse and unmarried children under the age of 21 (at the time the
green card - not the lottery application - is approved) are
automatically entitled to the same status as you.
Under the new Child Status Protection Act, children of
lottery-based green card applicants, the age of the child minus the
adjudication time of the lottery-based immigrant petition at the time
a visa number becomes available for the parent is the age used for
determining whether the child is eligible for the green card as an
under 21 year old child. But
to take advantage of this, the child actually must seek to acquire the
green card within a year of the visa becoming available.
Also, in the case of a child who turns 21 while a lottery-based
green card application is pending who is not eligible to claim to be
under 21 for purposes of seeking a green card, may still retain the
original date issued upon receipt of the original petition and it is
not necessary to file a new application because the case will
automatically convert to the appropriate category.
Is
there a minimum age to apply for the lottery?
There
is not a minimum age to apply for the lottery. However, the
education/work experience requirements will effectively preclude most
people under 18 from applying.
May
I adjust status in the U.S. if I am selected?
An
applicant may adjust status (switch to permanent residency in the
U.S.) if
they meet the normal requirements for adjusting status with the INS
(including
not having previously been out of visa status). In order to
apply for adjustment of status, the INS must be able to complete
action on the case before September 30, 2005.
How
does the selection process work?
The
State Department's Kentucky Consular Center will receive all
applications submitted electronically. Upon receipt, the KCC will the
application into one of six geographic regions and assign the
applicant an individual number. Within each region, the first
applicant randomly selected will be the first person registered, the
second applicant selected will be the second person registered, etc.
When a case is registered, the applicant will immediately be sent a
notification letter that will give visa application instructions.
About 90,000 persons, both principal applicants and their spouses and
children, will be registered. Since it is probable that some of the
first 50,000 persons registered will not apply for a DV-2005 visa,
this figure is assumed to be large enough to ensure that all of the
visas are used. However, there is a risk that some applicants will be
left out. Indeed, this has been a problem for people drawn late in the
selection process. According to the Department of State, all
applicants will be informed promptly of their place on the list. Each
month visas will be issued, according to registration lottery rank
order, to those ready for visa issuance for that month. Once 50,000
visas are issued, the program ends. Registrants for the DV-2005
lottery will have to have their visa in hand by September 30, 2005 at
the latest. You must be prepared to act promptly if your name is
selected.
How
will I know if I was selected or not selected?
The
State Department will notify only the winners by mail between May 2004
and July 2004. The State Department will not notify applicants to let
them know they were not selected. The only way you will know that you
are not selected is if you have not received a registration
notification letter before the date the INS officially states that it
has stopped notifying people (i.e. if you have not heard by August
2004, assume you were not selected).
Is
there an application fee to enter the lottery?
No.
There is no government application fee for submitting a lottery
application. If you win the lottery, you will pay a special DV-2005
case-processing fee later. Winners will also have to pay regular visa
fees at the time of visa issuance. Certain law firms and immigration
consultants offer application services and the fees for such services
may vary. IT IS NOT NECESSARY TO USE SUCH A SERVICE. However, one may
want to use a reputable service if they wish to have a US return
address, lack Internet access, want someone to review your application
if your English skills are weak, or otherwise do not have the time to
submit the application on their own.
Can
someone selected in the lottery receive a waiver of any of the grounds
of visa ineligibility?
No.
There is no special provision for the waiver of any grounds of visa
ineligibility other than those provided for in the Immigration and
Nationality Act. Also, holders of J 1 visas with a two year home
residency requirement will not be able to receive a waiver of this
requirement by virtue of being selected in the lottery. A holder of a
J visa can still enter the lottery, but he/she will have to qualify
for a residency waiver in the same manner as is normally required to
get such a waiver. Because all visas must be issued by the end of
September 2005, individuals who have not yet begun their home
residency are effectively precluded (unless they are able to get a
waiver of the home residency requirement quickly).
May
someone apply for a DV-2005 visa if they are already registered in
another visa category?
Yes.
Do
I need to send photographs of each family member and have each
sign
the application or just the principal applicant?
Recent
photographs of the applicant and his/her spouse and each child,
including all natural children as well as all legally-adopted and
stepchildren, excepting a child who is already a U.S. citizen or a
Legal Permanent Resident, even if a child no longer resides with the
applicant, must be attached electronically to the entry. Group or
family photos will not be accepted; there must be a separate photo for
each family member.
If
the submitted digital images do not conform to the following
specifications, the system will automatically reject the Entry Form
and notify the sender:
·
The
image must be in the Joint Photographic Experts Group (JPEG) format.
·
The
image must be either in color or grayscale; monochrome images (2-bit
color depth) will not be accepted.
·
If
a new digital photograph is taken, it must have a resolution of 320
pixels wide by 240 pixels high, and a color depth of either 24-bit
color, 8-bit color, or 8-bit grayscale.
·
If
a photographic print is scanned, the print must be 2 inches by 2
inches (50mm x 50mm) square. It must be scanned at a resolution of 150
dots per inch (dpi) and with a color depth of either 24-bit color,
8-bit color, or 8-bit grayscale.
·
The
maximum image size accepted will be sixty-two thousand five hundred
(62,500) bytes.
If
the submitted digital images do not conform to the following
specifications, the entry will be disqualified:
·
Applicant,
spouse, or child must be directly facing the camera; the head of the
person being photographed should not be tilted up, down or to the
side, and should cover about 50% of the area of the photo.
·
The
photo should be taken with the person being photographed in front of a
neutral, light-colored background. Photos taken with very dark or
patterned, busy backgrounds will not be accepted.
·
Photos
in which the face of the person being photographed is not in focus
will not be accepted.
·
Photos
in which the person being photographed is wearing sunglasses or other
paraphernalia, which detracts from the face, will not be accepted.
·
Photos
of applicants wearing head coverings or hats are only acceptable due
to religious beliefs, and even then, may not obscure any portion of
the face of the applicant. Photos of applicants with tribal or other
headgear not specifically religious in nature are not acceptable.
Photos of military, airline or other personnel wearing hats will not
be accepted.
What
if someone else submits my application?
The
good news is that an original signature is no longer necessary so it
will be easier to have other people submit an application on your
behalf. Note, however, that if more than one application is submitted
for an applicant, the applicant will be disqualified.
In
what region is my native country assigned?
(1)
Africa: Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi,
Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo,
Democratic Republic of the Congo, Cote d'Ivoire (Ivory Coast),
Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, The
Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya,
Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique,
Namibia, Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal,
Seychelles, Sierra Leone, Somalia, South Africa, Sudan, Swaziland,
Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe.
(2)
Asia: Afghanistan, Bahrain, Bangladesh, Bhutan, Brunei, Burma,
Cambodia, China-Taiwan, Hong Kong Special Administrative Region,
Indonesia, Iran, Iraq, Israel, Japan, Jordan, Kuwait, Laos, Lebanon,
Macau Special Administrative Region, Malaysia, Maldives, Mongolia,
Nepal, North Korea, Oman, Qatar, Saudi Arabia, Singapore, Sri Lanka,
Syria, Thailand, United Arab Emirates, Yemen.
(3)
Europe: Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus,
Belgium, Bosnia and Herzegovina (including components), Bulgaria,
Croatia, Cyprus, Czech Republic, Denmark (including components and
dependent areas overseas), Estonia, Finland, France (including
components and dependent areas overseas), Georgia, Germany, Greece,
Hungary, Iceland, Ireland, Italy, Kazakhstan,
Kyrgyzstan,
Latvia, Liechtenstein, Lithuania, Luxembourg, The Former Yugoslav
Republic of Macedonia, Malta, Moldova, Monaco, Montenegro, Netherlands
(including components and dependent areas overseas), Northern Ireland,
Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia,
Slovenia, Spain, Sweden, Switzerland, Tajikistan, Turkmenistan,
Turkey, Ukraine, Uzbekistan, Vatican City (an independent city under
the jurisdiction of the Holy See).
(4)
North America: The Bahamas, United States.
(5)
Oceania: Australia (including components and dependent areas
overseas), Fiji, Kiribati, Marshall Islands, Federated States of
Micronesia, Nauru, New Zealand (including components and dependent
areas overseas), Palau, Papua New Guinea, Solomon Islands, Tonga,
Tuvalu, Vanuatu, Western Samoa.
(6)
South America, Mexico, Central America, and the Caribbean: Antigua and
Barbuda, Argentina, Barbados, Belize, Bolivia, Brazil, Chile, Costa
Rica, Cuba, Dominica, Ecuador, Grenada, Grenadines, Guatemala, Guyana,
Honduras, Nicaragua, Panama, Paraguay, Peru, St. Kitts and Nevis, St.
Lucia, St. Vincent and the Grenadines, Suriname, Trinidad and Tobago,
Uruguay, Venezuela.
How
do I apply for the lottery?
The
web site www.dvlottery.state.gov
will be available for 60 days and applicants must provide the
following information and documentation:
- FULL
NAME
- Last/Family Name, First Name, Middle name
- DATE
OF BIRTH
- Day, Month, Year
- GENDER
- Male or Female
- CITY/TOWN
OF BIRTH
- COUNTRY
OF BIRTH
- The name of the country should be that which is currently in use
for the place where the applicant was born.
- APPLICANT
PHOTOGRAPH
- MAILING
ADDRESS
- Address, City/Town, District/Country/Province/State, Postal
Code/Zip Code, Country
- PHONE
NUMBER
(optional)
- E-MAIL
ADDRESS
(optional)
- COUNTRY
OF ELIGIBILITY IF THE APPLICANT’S NATIVE COUNTRY IS DIFFERENT
FROM COUNTRY OF BIRTH
- See discussion above regarding claiming another country other
than your country of birth.
- MARRIAGE
STATUS
- Yes or No
- NUMBER
OF CHILDREN
THAT ARE UNMARRIED AND UNDER 21 YEARS OF AGE
- SPOUSE
INFORMATION
-
Name, Date of Birth, Gender, City/Town of Birth, Country of Birth,
Photograph
- CHILDREN
INFORMATION
- Name, Date of Birth, Gender, City/Town of Birth, Country of
Birth, Photograph
NOTE:
Entries must include the name, date and place of birth of the
applicant’s spouse and all natural children, as well as all
legally-adopted and stepchildren, who are unmarried and under the age
of 21, excepting those children who are already U.S. citizens or Legal
Permanent Residents, even if you are no longer legally married to the
child’s parent, and even if the spouse or child does not currently
reside with you and/or will not immigrate with you. Note that married
children and children 21 years or older will not qualify for the
diversity visa. Failure to list all children will result in your
disqualification for the visa.
Applicants
will receive an electronic confirmation indicating that the
application was properly received. This is an improvement on the old
paper application system where one had to take it on faith that the
application was properly received by the State Department.
