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FAQ:
DV GREEN CARD LOTTERY
Q:
Are there any changes or new
requirements in the application
procedures for this diversity
visa registration from the past
DV lottery programs?
A:
All DV2009 lottery entries must
be submitted electronically
between Wednesday, October
3, 2007, and Sunday, December
2, 2007. No paper entries
will be accepted. Please
review the photograph requirements,
as these have changed since
DV2007. Additional information
requested includes: country
where you are currently living;
your highest level of education
as of today; "legally separated"
replaces the term "separated"
used in previous DV programs.
"Legally separated"
means that court has formally
declared you and your spouse
to be separated, and also that
your spouse is not entitled
to immigrate with you should
you be selected in the DV lottery.
Back to top.
Q:
Are signatures and photographs
required for each family member,
or only for the principal applicant?
A:
Signatures are not
required on the Electronic Diversity
Visa Entry Form. Recent and
individual photographs of the
applicant, his/her spouse and
all children under 21 years
of age are required. Family
or group photographs are not
acceptable. Photographs must
conform to specifications in
the DV lottery instructions.
Please review these since they
have changed since DV2007.
Back to top.
Q:
Must each applicant submit his/her own entry, or may
someone act on behalf of each applicant?
A: Applicants may
prepare and submit their own entries, or have someone
submit the entry for them. Regardless of whether an entry
is submitted by the applicant directly, or assistance
is provided by an attorney, friend, relative, etc., only
one entry may be submitted in the name of each person.
If the entry is selected, the notification letter will
be sent only to the mailing address provided on the entry.
Back to top.
Q:
How
do I register with Kirberger
PC's service?
A:Go
to our registration
page, fill out the fax
payment form, and fax to the
number listed. We will then
send you our registration form
along with further instructions.
To ensure processing prior to
the December 2, 2007,
lottery deadline, this office
must RECEIVE complete
applications by 5:00pm Eastern
Standard Time (EST), November
23, 2007. There is no government
filing fee for submitting an
application for the DV program.
However, a special DV case processing
fee will be payable at a later
time by persons whose entries
are actually selected and processed
at a U.S. consular section or
by USCIS for this year's program.
DV applicants must also pay
regular visa filing fees at
the time of visa application.
Details of required government
filing fees will be included
with instructions sent by the
Kentucky Service Center for
applicants who are selected.
Also, please note that if you
use Kirberger's DV lottery registration
service, our registration fees
will apply (see Kirberger
PC registration page
for details) for DV registration;
and should someone who uses
our service win the lottery
and be selected to process a
visa, additional legal fees
and expenses will apply should
s/he elect to use our service
for either processing at a U.S.
consulate or with USCIS.
Q:
How do I register on my own?
A: We have provided
a summary of the Department
of State’s DV lottery instructions on this
Web site. You can enter the
lottery on your own by following these instructions. Back
to top.
Q:
When will entries for the DV2009
Program be accepted?
A:
The DV2009 entry period will
begin at 12:00pm noon EST, Wednesday,
October 3, 2007, and will
last through Sunday, December
2, 2007. Each year millions
apply for the the program during
the registration period. The
massive volume of entries creates
an enormous amount of work in
selecting and processing successful
applicants. Holding the entry
period between October and December
will ensure successful applicants
are notified in a timely manner,
and gives both them and the
U.S. embassies and consulates
time to prepare and complete
entries for visa issuance. To
ensure processing, the State
Department encourages you to
submit applications as early
as possible, as the system may
be overloaded toward the end
of the application period. Back
to top.
Q:
Do I have to be in the United
States to play the lottery?
A:
No. You can play the lottery from either inside or outside
the US, and the applicant may be in either
the US or in another country when submitting such application.
Back to top.
Q:
Can I submit more than one application
for the lottery?
A:
No. Applicants submitting more than one entry will be
disqualified and an electronic record will be permanently
maintained by the Department of State. The State Department
will employ sophisticated technology and other means to
identify individuals that submit multiple entries during
the registration period. Applicants may apply for the
program each year during the regular registration period.
Back to top.
Q:
If I submit an application, can
my spouse (husband or wife) submit a separate application?
A:
Yes, a husband and a
wife may each submit
one entry if each spouse
meets the eligibility requirements.
This will not count as multiple
submissions. If either spouse
is selected as a winner, the
other would be entitled to derivative
status. However, be sure to
list your current spouse and
all children (unmarried, under
21, whether natural children,
your spouse's children by a
previous marriage, stepchildren,
or your formally adopted children;
children who are U.S. citizens
or U.S. Legal Permanent Residents
need not be included) on your
application form. Back to top.
Q:
What family
members must I include on my
DV entry?
A: On your entry,
you must list your spouse (husband or wife) and all unmarried
children under 21 years of age with the exception of a
child who is already a U.S. citizen or legal permanent
resident. You must list your spouse even if you are currently
separated from him/her. However, if you are legally divorced,
you do not need to list your former spouse. For customary
marriages, the important date is the date of the original
marriage ceremony, not the date on which the marriage
is registered. You must list ALL your children who
are unmarried and under the age of 21 years, whether they
are your natural children, your spouse's children by a
previous marriage, or children you have formally adopted
in accordance with the laws of your country. List all
children under 21 years of age even if they no longer
reside with you or you do not intend for them to immigrate
under the DV program. Back to top.
The fact that
you have listed family members
on your entry does not mean
that they later must travel
with you. They may choose to
remain behind. However, if you
include an eligible dependent
on your visa application forms
whom you failed to include on
your original entry, your case
will be disqualified. (This
only applies to persons who
were dependents at the time
the original application was
submitted, not those acquired
at a later date.) Your spouse
may still submit a separate
entry, even though s/he is listed
on your entry, as long as both
entries include all details
on all dependents in your family.
Failure to list
all eligible family members
on your entry form may result
in disqualification from the
lottery. Back to top.
Q:
What
does "native" mean?
What are the DV nativity requirements?
A:
You must be a native of an eligible
country
to
qualify for DV2009.
Generally, you are a native
the country in which you are
born. However, for immigration
purposes, "native"
can also mean someone entitled
to be "charged" to
a country other than the one
in which s/he was born under
the provisions of Section 202(b)
of the Immigration and Nationality
Act. Back to top.
For example, if a principal applicant
was born in a country that is not eligible for this year's
DV program, s/he may claim "chargeability" to
a country where his/her derivative spouse was born, but
s/he will not be issued a DV-1 unless the spouse is also
eligible for and issued a DV-2, and both must enter the
U.S. together on the DVs. Similarly, a minor dependent
child can be "charged" to a parent's country
of birth. Back to top.
Finally, any
applicant born in a country
ineligible (see below) for this
year's DV program can be "charged"
to the country of birth of either
parent as long as neither
parent was a resident of the
ineligible country at the time
of the applicant's birth.
In general, people are not considered
residents of a country in which
they were not born or legally
naturalized if they are only
visiting the country temporarily
or stationed in the country
for business or professional
reasons on behalf of a company
or government.
An applicant who claims alternate chargeability
must include information to that effect on the application
for registration. Back to top.
Q:
Is there a minimum age for applicants
to apply for the DV Program?
A:There
is no minimum age to apply for the program, but the requirement
of a high school education or work experience for each
principal applicant at the time of application will effectively
disqualify most persons under age 18. Back to top.
Q:
Which countries are NOT eligible
for DV2009?
A:
Natives of the following countries
are NOT eligible for
DV2009: Brazil; Canada; China
(mainland-born; natives of Hong
Kong, Macau and Taiwan ARE QUALIFIED);
Columbia; Dominican Republic;
Ecuador; El Salvador; Guatemala;
Haiti; India; Jamaica; Mexico;
Peru; Philippines; Poland; Russia;
South Korea; United Kingdom
(including natives of Anguilla,
Bermuda, British Virgin Islands,
Caymen Islands, Falkland Islands,
Gibraltar, Montserrat, Pitcairn,
St. Helena, and the Turks and
Caicos Islands; natives of
Northern Ireland do qualify);
Vietnam. Newly ineligible countries
are Brazil and Peru. Back to
top.
Q:
Why do natives of certain countries NOT qualify for the
diversity program?
A:
Diversity visas are intended
to provide an immigration opportunity
for persons from countries other
than the countries that send
large numbers of immigrants
to the U.S. The law states that
no diversity visas shall be
provided for natives of "high
admission" countries. The
law defines this to mean countries
from which a total of 50,000
persons or more in the Family
Sponsored and Employment Based
visa categories immigrated to
the U.S. during the previous
five years. Each year, the U.S.
Citizenship and Immigration
Services (USCIS, formerly, INS)
adds the family and employment
immigrant admission figures
for the previous five years
to identify the countries whose
natives must be excluded from
the annual diversity lottery.
Since a separate determination
is made before each annual DV
entry period, the list of countries
whose natives do not qualify
may change from one year to
the next. Back to top.
Q:
What is the numerical limit
for DV2009?
A:
By law, the US diversity immigration
program makes available a maximum
of 55,000 permanent residence
visas each year to eligible
persons. However, the Nicaraguan
Adjustment and Central American
Relief Act (NACARA) passed by
Congress in November 1997 stipulates
that beginning as early as DV-99,
and for as long as necessary,
5,000 of the 55,000 annually-allocated
diversity visas will be made
available for use under the
NACARA program. The actual reduction
of the limit to 50,000 began
with DV2000 and remains in effect
for the DV2009 program. Back
to top.
Q:
What are the regional Diversity
Visa (DV) Limits for DV2009?
A:
The U.S. Citizenship and Immigration
Services (USCIS, formerly INS)
determines the DV regional limits
for each year according to a
formula specified in Section
203(c) of the Immigration and
Nationality Act (INA). Once
the USCIS has completed the
calculations, the regional visa
limits will be announced. Back
to top.
Q:
How will successful entrants be selected?
A:
At
the Kentucky Consular Center,
all entries received from each
region will be individually
numbered. After the end of the
registration period, a computer
will randomly select entries
from among all those received
for each geographical region.
Within each region, the first
entry randomly selected will
be the first case registered,
the second entry selected the
second registration, etc. All
entries received during the
registration period will have
an equal chance of being selected
within each region. When an
entry has been selected, the
applicant will be sent a notification
letter by the Kentucky Consular
Center, which will provide visa
application instructions. The
Kentucky Consular Center will
continue to process the case
until those selected are instructed
to appear for visa interviews
at a U.S. Consular office, or
until those able to do so apply
at a USCIS (formerly INS) office
in the U.S. for change of status.
Back to top.
Q:
How many applicants will be selected?
A: 50,000
DV visas are available for DV2009,
but more than that number of
individuals will be selected.
Since it is likely that some
of the first 50,000 persons
selected will not qualify for
visas or pursue their cases
to visa issuance, more than
50,000 entries will be selected
by the Kentucky Consular Center
to ensure that all available
DV visas are issued. However,
this also means that there will
not be a sufficient number of
visas for all those initially
selected. All applicants selected
will be informed promptly of
their place on the list. Interviews
with those selected will begin
in early October 2008. The Kentucky
Consular Center will send appointment
letters to selected applicants
four to six weeks before the
scheduled interviews with U.S.
Consular officers at overseas
posts. Each month visas will
be issued, visa number availability
permitting, to those applicants
who are ready for issuance during
that month. Once all 50,000
DV visas have been issued, the
program for the year will end.
In principle, visa numbers could
be finished before September
2009. Selected applicants who
wish to receive visas must be
prepared to act promptly on
their cases. Random selection
by the Kentucky Consular Center
computer does not automatically
guarantee that you will receive
a visa.
Q:
Will applicants who are not
selected by informed?
A: No, applicants
who are not selected will receive
NO RESPONSE to their entry.
Only those who are selected
will be informed. Those selected
will be notified only by letter,
between May and July 2008; no
notification emails are sent
to selectees. (See below.)
All notification letters are
sent within approximately nine
months of the end of the application
period to the address indicated
on the entry. Anyone who does
not receive a letter will know
that his/her application has
not been selected. Back to top.
Q:
How will I know if the
notification of selection that
I receive is authentic? How
can I confirm that I have in
fact been chosen in the random
DV Lottery?
A:
After the individuals
have been selected at random
from among all qualified entries
through the State Department
DV lottery computer program,
they will NOT be notified by
email. Those selected will be
notified only by letter through
the mail between May and July
2008 at the addresses listed
on their DV entries. U.S. embassies
and consulates will NOT be able
to provide a list of those selected
to continue the visa process.
Kentucky Consular
Center (KCC) will send the letters
notifying those selected. These
letters will contain instructions
for the visa application process.
The instructions say the selected
applicants will pay all diversity
and immigrant visa fees in person
only at the U.S. Embassy or
Consulate at the time of the
visa application. The Consular
Cashier or Consular Officer
immediately gives the visa applicant
a U.S. Government receipt for
payment. You should never send
money for DV fees through the
mail, through Western Union
or any other delivery service.
The DV lottery
entries are made on the internet,
on the official U.S. Government
E-DV website at http//:www.dvlottery.state.gov.
KCC sends only letters to the
selected applicants. KCC, consular
offices, or the U.S. Government
have never sent emails to notify
selected individuals, and there
are no plans to use email for
this purpose for the DV2008
program.
The Department
of State, Visa Services advises
the public that only internet
sites including the ".gov"
indicator are official government
websites. Many other non-governmental
websites (e.g., using the suffices
".com or ".org"
or ".net") provide
legitimate and useful immigration
and visa related information
and services. Regardless of
the content of nongovernmental
websites, the Department of
State does not endorse, recommend
or sponsor any information or
material shown at these other
websites.
Some websites
may try to mislead customers
and members of the public into
thinking they are official websites,
and may contact you by email
to lure you to their offers.
These websites may attempt to
require you to pay for services
such as forms and information
about immigration procedures,
which are otherwise free on
the Department of State Visa
Services website, or overseas
through the Embassy Consular
Section websites. Additionally,
these other websites may require
you to pay for services you
will not receive, often including
diversity immigration application
and visa fees in an effort to
steal your money. Once you send
money in one of these scams,
you will never see it again.
Also, you should be wary of
sending any personal information
that might be used for identity
fraud/theft to these websites.
Q:
What are the requirements
for education or work experience?
A:
The law and regulations require
that every applicant must have
at least a high school education
or its equivalent, or, within
the past five years, have two
years of work experience in
an occupation requiring at least
two years of experience. A "high
school education or its equivalent"
is defined as successful completion
of a 12 year course of primary
and secondary study in the United
States, or in another country
of a formal course of elementary
and secondary education comparable
to a high school education in
the U.S. Completion of a high
school equivalency examination
(e.g., a GED) will not suffice
for purposes of the lottery.
Documentary proof of education
should not be submitted with
the lottery entry, but must
be presented to the consular
officer at the time of the visa
interview. Qualification on
the basis of work experience
will be determined in accordance
with the U.S. Department of
Labor’s
O*Net OnLine database, http://online.onetcenter.org.
Note that to
qualify on the basis of work
experience, you must within
the last five years, have two
years of experience in an occupation
designated as Job Zone 4 or
5, and classified in a Specific
Vocational Preference (SVP)
range of 7.0 or higher. Back
to top.
Q:
I have
a visa in another nonimmigrant category. Can I apply for
the lottery?
A:
Yes. However, there is a small
chance that you may have a problem
with "dual intent"
issues in future nonimmigrant
visa applications in which dual
intent is not specifically allowed,
such as the B1/B2 visitor visa
category.
Q:
May persons who are already registered
for an immigrant visa in another category apply for the
DV program?
A: Yes.
Back to top.
Q:
Are DV applicants specially entitled
to apply for a waiver of any of the grounds of visa ineligibility?
A: No,
applicants are subject to all grounds of ineligibility
for immigrant visas specified in the Immigration and Nationality
Act (INA). There are no special provisions for the waiver
of any ground of visa ineligibility other than those ordinarily
provided in the Act. Back to top.
Q:
I have a J visa with a two-year
home residency requirement. Can this requirement be waived
if I win the lottery?
A:
No. You must obtain a waiver
or fulfill the requirement before
you can process your green card.
Processing restrictions may
preclude you from getting your
green card through the lottery
if you do not fulfill the residency
requirement or get a waiver
prior to the deadline for your
application. A US consulate
or USCIS must be able to fully
process your case by 30 September
2008. See J
Waivers.
Q:
May I enter the lottery if I
have a criminal conviction?
A: You may play the
lottery and win; however, if you are inadmissible to the
United States for any reason, you will not receive the
green card. You will not be eligible for waivers of inadmissibility.
Since this is an extremely complex issue, if you have
a criminal conviction, you should consult an attorney
with expertise in criminal immigration issues for further
answers to this question. Back to top.
Q:
May applicants
adjust their status with USCIS
(formerly INS) rather than at
a U.S. Consulate?
A:
Yes, provided they are otherwise
eligible to adjust status under
the terms of Section 245 of
the INA, selected applicants
who are physically present in
the U.S. may apply to the USCIS
(formerly INS) for adjustment
of status to permanent resident.
Applicants must ensure
that USCIS can COMPLETE ACTION
on their cases, including processing
of any overseas derivatives,
before September 30, 2009, since
on that date, registrations
for the DV2009 program expire.
No visa numbers for the DV2009
program will be available after
midnight on September 30, 2009,
under any circumstances.
Back to
top.
Q:
If a DV selectee dies, what
happens to the case?
A:
The death of an individual
selected in the DV lottery results
in automatic revocation of the
DV case. Any eligible spouse
and/or children are no longer
entitled to the DV visa for
that entry.
Q:
Can I download and save the
electronic DV entry form to
MS Word or another program and
then fill it out later?
A:
No. This is a Web form only,
and it must be filled out and
submitted online, all at one
time. The form cannot be saved
and submitted at a later time.
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