Description

A Diversity Visa (DV) program also known as the ‘green card lottery’ permits individuals to apply for a randomized selection process to receive a diversity visa that would grant them lawful permanent residence upon arrival in the United States. Each applicant must comply with the requirements and deadlines set forth regarding proper registration and further case processing detailed by the Department of State during each fiscal year. Generally, a DV lottery name contains a year with two (2) years of difference from current registration period, in year 2022 the referencing name is ‘DV-2024 Lottery’. The year listed under the lottery’s name stands for the year winners may enter the United States as recipients of an approved diversity visa. The program offers up to 55,000 diversity visas each fiscal year and are randomly selected from a pool of qualified applications. Upon selection, application, and approval of a diversity visa, an applicant can lawfully enter the United States.

The diversity program was initiated through the Immigration Act of 1990. The program’s goal was to promote immigration from countries that were underrepresented in the United States. It allowed for nationals of low admission countries to have a higher opportunity to migrate to the United States under lawful permanent residence. To date, the goal remains the same.

The diversity program calculates each year the allocated number of visas and the eligible countries are grouped into six geographic regions: Europe; Africa; Asia; Oceania; North America (excluding Mexico); and South America, Mexico, Central America, and the Caribbean. Generally, the U.S. Citizenship and Immigration Services (USCIS) is in charge of reshuffling visas from eligible countries based on the statics reported for the most recent 5 years. If a country reports higher admission rates within those 5 years, then it will not be eligible to participate in the DV program. Eligible countries are selected yearly, and the application window is limited to a specific period of time. Generally, the registration period starts in October and runs through November of the same year. The selection results are then available in May of the following year.

Although the selection process is random, there are still requirements that an applicant must meet. An applicant seeking DV eligibility must have a high school education or equivalent. If he/she cannot meet the education requirement, he/she may suffice the requirement by having at least two (2) years of experience in an occupation requiring at least two (2) years of training within the last five (5) years. To assess an applicant’s work experience eligibility, the Department of State will utilize the U.S. Department of Labor’s database.

Additionally, an applicant must be a national of any country currently eligible for the DV program. However, an applicant has alternatives to choose a country of eligibility as the country of birth of a spouse or a country of birth of either parent if the applicant was born in a country in which neither parent was born and in which they were not residing at the time of the applicant’s birth. As an overall immigration requirement, the applicant must be admissible under the Immigration and Nationality Act (INA).

The applicant is required to submit an accurate application disclosing all truthful information during its registration period. There is no cost associated to this application. However, he/she is only entitled to one entry, any additional applications submitted during one registration window will get disqualified. It is important for the applicant to retain records of his/her submission and confirmation number as it will be needed for further case processing procedures. Generally, in May of the following year, the applicant may return to the Department of State’s DV program website, ‘Entrant Status Check’, and obtain status updates of his/her application. It is very important for applicants to secure access and to visit the portal frequently. This portal will be the only method of communication with the Department of State regarding the application’s approval, processing instructions, applicable fees, as well as documentation submission, and immigrant visa interview appointments.

All applicants that are selected, including any dependent that wishes-to-join the applicant, must act quickly to submit all required documentation to secure an interview at a U.S. embassy or consular office. Each applicant and dependent must complete a Form DS-260, Online Immigrant Visa and Alien Registration Application. If any family circumstances (such as a new marriage or birth of a child) changed from the initial registration period, all new information and documentation must be provided to update the application. Generally, the Kentucky Consular Center (KCC) is responsible for the review process of Form DS-260 and collection of documentation prior to any scheduled interview. The applicant will receive further instructions associated with the interview, medical examination, fees, and additional documentation to take to the in-person interview.

All procedures including submission of forms and documentation, medical examinations, and consular interview must be completed within the allocated time. Generally, all DV visas are issued by September of the same year. Unfortunately, the Department of State cannot issue DV visas and USCIS cannot approve any adjustments of statuses (green cards) after this date. However, if the applicant successfully completes the DV process and receives approval by a consular officer, an issue will be included to his/her passport rendering DV status at a point of entry in the United States.

Benefits

Successful navigation of all phases of a DV process and approval will grant the applicant lawful entry in the United States. Once the applicant is admitted in the United States by U.S. Customs and Border Protection (CBP) officer at a port of entry, it will initiate the production of the applicant’s green card. Green cards and social security cards are generally mailed to the address of preference detailed on Form DS-260, Immigrant Visa Electronic Application. Any dependent will also be entitled to receive a green card and social security card upon lawful entry in the United States.

Derivative Dependents

The DV program allows applicants to include their dependents (spouses and children under 21 years old) as part of DV application submissions. It is important for an applicant to list all dependents, including any stepchildren or adoptive children, to avoid disqualification. Upon visa approval, the applicant may select the dependents that wish-to-join as it is not mandatory for all dependents listed on the DV application to travel to the United States alongside the applicant. However, if the applicant’s eligibility was via his/her spouse’s country of origin, they must both simultaneously enter the United States.

Process Description

Each year, the Department of State will announce important dates associated with the DV registration, selection, and visa issuance. Any individual applying to the lottery selection must initially submit an Electronic Diversity Visa Entry Form (E-DV Entry Form or DS-5501) during the allocated registration period. Unfortunately, due to the number of entry forms submitted each year, the selection process follows strict review process. Applicants are encouraged to submit accurate and on-time applications to minimize discrepancies that may inadvertently render disqualification.

Generally, more entry forms are selected than the allocated visas as it’s a race for the first 55,000 applicants, including dependents, to successfully navigate through the process to obtain a diversity visa. Approved diversity visas are generally valid for up to six (6) months form their issuance. Therefore, the applicant must make full arrangements to enter the United States with the allocated time.

Unfavorable Circumstances

A DV visa is a complex process to navigate through due to the strict eligibility requirements and procedures required to comply with U.S embassies or consular offices abroad as well as USCIS’ regulations. Failure to meet the initial education/work requirements as well as selection of eligible country will render initial disqualification. However, applicants eligible to continue the processing of a diversity visa will go through an extensive review process as well as clearance to ensure any potential factors of inadmissibility.

An applicant’s criminal history will negatively impact the registration and consular processing. Any felony convictions or significant misdemeanor convictions may disqualify an applicant. A licensed attorney may be able to assess the circumstances accordingly to the law, criminal bars, and restrictions to confirm best course of action.

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Citations

DV selection and process are adjudicated under complex and strict eligibility requirements. Certain relevant laws and regulations are specified under the Immigration and Nationality Act (INA), Code of Federal Regulations (CFR) and/or U.S. Code. Some of the applicable laws and regulations include:

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Supporting Documents

Upon the selection of a diversity visa application and review of Form of DS-260, the KCC will advise the applicant of the required documentation to submit in compliance with each country’s regulations. However, the U.S. embassy or consular officer will further provide guidance on documentation to take to the established in-person interview. Some of the required supporting documentation before KCC and U.S. embassy or consular office include:

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