Diversity Immigrant Visa Program (DV)

LOTTERY VISAS

 
Frequently Asked Questions
 
1. WHAT ARE THE REQUIREMENTS TO PARTICIPATE IN THE DV PROGRAM?
 

• Applicant must be a “native” of one of the countries listed as “eligible” to participate in the DV program; and
• must meet either the education or work experience requirement of the DV program.

 
2. WHAT DOES THE TERM "NATIVE" MEAN? ARE THERE ANY SITUATIONS IN WHICH PERSONS WHO WERE NOT BORN IN A QUALIFYING COUNTRY MAY APPLY
 
"Native" ordinarily means someone born in a particular country, regardless of the individual's current country of residence or nationality. For immigration purposes “native” can also mean someone who is entitle to be assigned to a different country from the one in which he/she was born.
 
For example, if an applicant was born in the United Kingdom (country that is not eligible for this year’s DV program) he/she may claim to be assigned to the country where the principal applicant (his/her spouse and/or parent) was born, Australia (country that is eligible for this year’s DV program), to enter the DV program. However, the applicant born in a country ineligible for this year’s DV program can claim to be assigned 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.
 
An applicant who claims the above exception must include information to that effect on the application for registration.
 
3. WHAT ARE THE EDUCATION OR WORK EXPERIENCE REQUIREMENTS?
 
The applicant must have at least a high school education or its equivalent (successful completion of a twelve-year course of elementary and secondary education) or, within the past five years, have two years of work experience in an occupation requiring at least two years training or experience.
 
Documentary proof of education or work experience should not be submitted with the lottery entry, but must be presented to the consular officer at the time of the visa interview.
 
4. WHAT ARE THE NEW REQUIREMENTS IN THE APPLICATION PROCESS FOR THIS DV REGISTRATION?
 
This year No paper entries will be accepted, All DV-2005 lottery entries must be submitted electronically at www.dvlottery.state.gov. The Department of State implemented an electronic registration system for this year’s registration. The purpose of this change is to utilize special technology and other means to identify applicants who commit fraud for the purposes of illegal immigration or who submit multiple entries.
 
5. ARE SIGNATURES AND PHOTOGRAPHS REQUIRED FOR EACH FAMILY MEMBER, OR ONLY FOR THE PRINCIPAL APPLICANT?
 
Signatures are not required on the Electronic DV Entry Form. Recent and individual photos of the applicant, his/her spouse and all children under 21 years of age are required. Family or group photos are not accepted.

6. WHY DO NATIVES OF CERTAIN COUNTRIES NOT QUALIFY FOR THE DIVERSITY PROGRAM?
 
The law states that no diversity visas shall be provided for natives of "high admission" countries. This means that countries from which a total of 50,000 persons (in the Family-Sponsored and Employment-Based visa categories) immigrated to the United States during the previous five years do not qualify for the DV program. Each year, the Bureau of Citizenship and Immigration Services (BCIS) adds the family and employment immigrant admission figures for the previous five years in order to identify the countries whose natives must be excluded from the annual diversity lottery. Therefore, the list of countries whose natives do not qualify may change from one year to the next
 
7. WHAT IS THE NUMERICAL LIMIT FOR DV-2005?
 
By law, the U.S. DV 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 in 1999, 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. This reduction of the limit to 50,000 began and remains in effect for the DV-2005 program.
 
9. WHEN WILL ENTRIES FOR THE DV-2005 PROGRAM BE ACCEPTED?
 
The DV-2005 entry period will last for 60 days beginning on Saturday November 1, 2003 through Tuesday, December 30, 2003.
 
10. MAY PERSONS WHO ARE IN THE U.S. APPLY FOR THE PROGRAM?
 
Yes, the entry may be submitted from the U.S. or from abroad.
 
11. IS EACH APPLICANT LIMITED TO ONLY ONE ENTRY DURING THE ANNUAL DV REGISTRATION PERIOD?
 
Yes, the law allows only one entry by or for each person during each registration period. Applicants submitting more than one entry will be disqualified and an electronic record will be permanently maintained by the State Department. Applicants may apply for the program each year during the regular registration period.
 
12. WHAT FAMILY MEMBERS MUST I INCLUDE ON MY DV ENTRY?
 
You must list your spouse, husband or wife. 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 21 years of age 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. Children that are already U.S. citizens or Legal Permanent Residents do not need to be listed.
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. The fact that you have listed family members on your entry does not mean that they must travel with you later. However, if you include an eligible dependent on your visa application forms that you did not include on DV entry, your case will be disqualified. (This does not apply to dependents that were acquired after the DV application was submitted).
 
13. MAY A HUSBAND AND A WIFE EACH SUBMIT A SEPARATE ENTRY?
 
Yes, if each meets the eligibility requirements. Your spouse may submit a separate entry, even though he or she is listed on your entry, both entries must include details on all dependents in your family. If either were selected, the other would be entitled to derivative status.

14. MUST EACH APPLICANT SUBMIT HIS/HER OWN ENTRY, OR MAY SOMEONE ACT THEIR BEHALF?
 
Applicants may prepare and submit their own entries, or have someone submit the entry for them. The entry may be submitted by the applicant directly, or assistance may be provided by an attorney, friend, relative, etc. Regardless of who prepared or submitted the entry, if the entry is selected, the notification letter will be sent to the mailing address provided on the entry.
 
15. HOW WILL SUCCESSFUL ENTRANTS BE SELECTED?
 
Eligible countries are divided in geographic regions (Africa, Asia, Europe, North America, Oceania and South America, Central America and the Caribbean). All entries received will be individually numbered. After the end of the registration period, a computer will randomly select entries from among all the entries received for each geographic region. 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 with a visa application and instructions by the Kentucky Consular Center, where all entries are to be submitted.
 
Interviews with those selected will begin in early October 2004. 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.
 
16. HOW MANY APPLICANTS WILL BE SELECTED?
 
Because it is likely that some of the first 50,000 persons who are selected will not qualify for visas, more than 50,000 entries will be selected by the Kentucky Consular Center to ensure that all of the available DV visas are issued. However, this also means that there will not be a sufficient number of visas for all those who are initially selected.
 
Once all of the 50,000 DV visas have been issued, the program for the year will end. Selected applicants who wish to receive visas must be prepared to act promptly on their cases. Selection by the Kentucky Consular Center computer does not automatically guarantee that you will receive a visa.
 
17. MAY WINNING APPLICANTS ADJUST THEIR STATUS WITH BCIS?
 
Yes, selected applicants who are physically present in the United States may apply to the Bureau of Citizenship and Immigration Services (BCIS) for adjustment of status to permanent resident, provided they are eligible to adjust status under the law. Applicants must ensure that BCIS can complete action on their cases, including processing of any overseas derivatives, before midnight on September 30, 2005. After this date, registrations for the DV-2005 program expire and No visa numbers for the DV-2005 program will be available.
 
18. WILL APPLICANTS WHO ARE NOT SELECTED BE INFORMED?
 
No, only those who are selected will be informed. Anyone who does not receive a letter will know that his/her application has not been selected.
 
19. IS THERE A MINIMUM AGE FOR APPLICANTS TO APPLY FOR THE DV PROGRAM?
 
No; however, the requirement of a high school education or work experience for each principal applicant at the time of application will effectively disqualify most persons who are under age 18.
 
20. ARE THERE ANY FEES FOR THE DV PROGRAM?
 
No, there is no fee for submitting an entry. A special DV case processing fee will be payable later by persons whose entries are actually selected and processed at a U.S. consular section for this year’s program. DV applicants, like other immigrant visa applicants, must also pay the regular visa fees at the time of visa issuance. Details of required fees will be included with the instructions sent by the Kentucky Consular Center to applicants who are selected.
 
21. ARE DV APPLICANTS SPECIALLY ENTITLED TO APPLY FOR A WAIVER OF ANY OF THE GROUNDS OF VISA INELIGIBILITY?
 
No, applicants are subject to all grounds of ineligibility for immigrant visas specified in the Immigration and Nationality Act.
 
22. MAY PERSONS WHO ARE ALREADY REGISTERED FOR AN IMMIGRANT VISA IN ANOTHER CATEGORY APPLY FOR THE DV PROGRAM?
 
Yes, such persons may apply for the DV program.
 
23. HOW LONG DO APPLICANTS WHO ARE SELECTED REMAIN ENTITLED TO APPLY FOR VISAS IN THE DV CATEGORY?
 
Persons selected in the DV-2005 lottery are entitled to apply for visa issuance only during fiscal year 2005, i.e., from October 2004 through September 2005. Applicants must obtain the DV visa or adjust status by the end of the Fiscal Year (September 30, 2005).
 
 
 
 
While Badmus Immigration Law Firm would be please to assist you in entering the “lottery”, we believe that assistance of legal counsel is not necessary. For more information regarding the DV-2005 program you may log on to the State Department website at http://travel.state.gov