Frequently Asked Questions
Click on any of the following 21 questions to read the answer.
1.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. But for immigration
purposes "native" can also mean someone who is entitled to be "charged" to a
country other than the one in which he/she was born.
For example, if a principal applicant was born in a country that is not eligible
for this year's DV program, he/she may claim "chargeability" to the country
where his/her derivative spouse was born, but he/she 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. In a similar manner, a minor dependent child can
be "charged" to a parent's country of birth.
Finally, any applicant born in a country ineligible 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.
2. ARE THERE ANY CHANGES
OR NEW REQUIREMENTS IN THE APPLICATION PROCEDURES FOR THIS DIVERSITY VISA (DV)
REGISTRATION?
All DV-2011 lottery entries must be submitted electronically between November
5, 2005 and January 7, 2006. No paper entries will be accepted.
The electronic registration system in is being implemented in order to make
the Diversity Visa process more efficient and secure. Special technology and
other means will be utilized to identify applicants who commit fraud for the
purposes of illegal immigration or who submit multiple entries.
The signature requirement on the DV entry has been eliminated and the DV-2011
Diversity Immigrant Visa Program registration period will run from November
5, 2005 through January 7, 2006. (Please see question 4 below for a description
of why natives of certain countries do not qualify for the DV Program.)
3. ARE SIGNATURES AND
PHOTOGRAPHS REQUIRED FOR EACH FAMILY MEMBER, OR ONLY FOR THE PRINCIPAL APPLICANT?
Signatures are not required on the Electronic Entry Form. Recent and individual
photos of the applicant, his/her spouse and all children under 21 years of age
required. Family or group photos are not accepted. Check the information on
the photo requirements for more information.
4. WHY DO NATIVES OF
CERTAIN COUNTRIES NOT QUALIFY FOR THE DIVERSITY PROGRAM?
Diversity visas are intended to provide an immigration opportunity for persons
from countries other than the countries which 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 in the Family-Sponsored and Employment-Based visa
categories immigrated to the United States during the previous five years. Each
year, the U.S. Citizenship and Immigration Services (USCIS) 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. Because there is a separate determination made before each annual DV
entry period, the list of countries whose natives do not qualify may change
from one year to the next.
5. WHAT IS THE NUMERICAL
LIMIT FOR DV-2011 AND WHAT ARE THE REGIONAL DIVERSITY VISA (DV) LIMITS FOR DV-2011?
NUMERICAL LIMIT FOR DV-2011 - By law, the U.S. 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 DV-2000 and remains in effect
for the DV-2011 program.
REGIONAL DIVERSITY VISA (DV) LIMITS FOR DV-2011 - The Bureau of Citizenship
and Immigration Services (BCIS) 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 BCIS has completed the calculations, the regional visa limits
will be announced.
6.WHEN ARE ENTRIES FOR
THE DV PROGRAM ACCEPTED AT THE U.S. GOVERNMENT'S LOTTERY OFFICE?
The DV-2011 entry period will begin on November 5, 2005 and will last for 60
days through January 7, 2006. Each year millions apply for 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 during November and December will ensure successful applicants are notified
in a timely manner, and gives both them and our embassies and consulates time
to prepare and complete entries for visa issuance.
7. MAY PERSONS WHO ARE
IN THE U.S. APPLY FOR THE PROGRAM?
Yes, an applicant may be in the U.S. or in another country, and the entry may
be submitted from the U.S. or from abroad.
8. IS EACH APPLICANT
LIMITED TO ONLY ONE APPLICATION DURING DV-2011 REGISTRATION PERIOD?
Yes, the law allows only one entry by or for each person during each registration
period; applicants for whom more than one entry is submitted will be disqualified.
The US Government will employ sophisticated technology and other means to identify
individuals that submit multiple entries during the registration period. Applicants
submitting more than one entry will be disqualified and an electronic record
will be permanently maintained by the Department of State. Applicants may apply
for the program each year during the regular registration period.
9. MAY A HUSBAND AND
A WIFE EACH SUBMIT A SEPARATE APPLICATION?
Yes, a husband and a wife may each submit one entry if each meets the eligibility
requirements. If either were selected, the other would be entitled to derivative
status.
10. WHAT FAMILY MEMBERS
MUST I BE SURE TO INCLUDE ON MY ENTRY?
On your entry you must list your spouse, that is 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 a 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 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, unless
a child is already a U.S. citizen or Legal Permanent Resident. 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 later must travel with you. They may choose to remain behind. However,
if you include an eligible dependent on your visa application forms that 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 he or she is listed on your entry, as long as
both entries include details on all dependents in your family. (See question
9 above.)
11. MUST EACH APPLICANT
SUBMIT HIS/HER OWN REQUEST, OR MAY SOMEONE ACT ON BEHALF OF AN APPLICANT?
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 a business, 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.
12. WHAT ARE THE REQUIREMENTS
FOR EDUCATION OR WORK EXPERIENCE?
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 training
or experience. A "high school education or equivalent" is defined as successful
completion of a twelve-year course of elementary and secondary education in
the United States or successful completion in another country of a formal course
of elementary and secondary education comparable to a high school education
in the United States. 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. To determine eligibility based on
work experience, definitions from the Department of Labor's database will be
used.
13. HOW WILL SUCCESSFUL
ENTRANTS BE SELECTED?
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 the entries received for each geographic 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 US Government, which will provide visa application instructions.
The US Government will continue to process the case until those who are 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 office in the United States for change
of status.
14. WILL APPLICANTS
WHO ARE NOT SELECTED BE INFORMED?
No, applicants who are not selected will receive no response to their entry.
Only those who are selected will be informed. All notification letters are sent
within about 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.
The U.S. Government does NOT release the names of Lottery winners and does
NOT post a list of Lottery winners on the Internet.
15. HOW MANY APPLICANTS
WILL BE SELECTED?
There are 50,000 DV visas available for DV-2011, but more than that
number of individuals will be selected. Because it is likely that some of the
first 50,000 persons who are selected will not qualify for visas or pursue
their cases to visa issuance, more than 50,000 entries will be selected
by the US Government 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. All applicants who are selected will
be informed promptly of their place on the list. Interviews with those selected
will begin in early October 2006. The US Government 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 of the 50,000 DV visas have been issued,
the program for the year will end. In principle, visa numbers could be finished
before September 2011. Selected applicants who wish to receive visas must be
prepared to act promptly on their cases. Random selection by the computer
does not automatically guarantee that you will receive a visa.
16. MAY WINNING APPLICANTS
ADJUST THEIR STATUS WITH BCIS?
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 United States may apply to the Bureau of Citizenship and Immigration Services
(BCIS) for adjustment of status to permanent resident. Applicants must ensure
that BCIS can complete action on their cases, including processing of any overseas
derivatives, before September 30, 2006, since on that date registrations for
the DV-2011 program expire. No visa numbers for the DV-2011 program will be
available after midnight on September 30, 2011 under any circumstances.
17. IS THERE A MINIMUM
AGE FOR APPLICANTS TO APPLY FOR THE DV-2011 PROGRAM?
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 who are under age
18.
18. WILL THERE BE ANY
SPECIAL FEE FOR DV-2011 CASE PROCESSING?
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 US Government to applicants who are selected.
19. MAY PERSONS WHO
ARE ALREADY REGISTERED FOR AN IMMIGRANT VISA IN ANOTHER CATEGORY APPLY FOR THE
DV-2011 PROGRAM?
Yes, such persons may apply for the DV program.
20. HOW LONG DO APPLICANTS
WHO ARE SELECTED REMAIN ENTITLED TO APPLY FOR VISAS IN THE DV-2011 CATEGORY?
Persons selected in the DV-2011 lottery are entitled to apply for visa issuance
only during fiscal year 2006, i.e., from October 2006 through September 2011.
Applicants must obtain the DV visa or adjust status by the end of the Fiscal
Year (September 30, 2011). There is no carry-over of DV benefits into the next
year for persons who are selected but who do not obtain visas during FY-2011.
Also, spouses and children who derive status from a DV-2011 registration can
only obtain visas in the DV category between October 2005 and September 2011.
Applicants who apply overseas will receive an appointment letter from the US
Government four to six weeks before the scheduled appointment.
21. ARE MY CHANCES
OF BEING SELECTED IN THE CURRENT DV LOTTERY INCREASED OR GUARANTEED IF I USE
THE SERVICES OF THE American Green Card Lottery? SINCE THERE IS
NO CHARGE TO ENTER THE LOTTERY, WHAT DOES YOUR FEE COVER?
There is never a guarantee of being selected in the Green Card Lottery. If
you EXACTLY follow the rules, everyone within a specific region has an equal
chance of being selected. However, the government reports that in a recent Green
Card Lottery over 2.9 million entries were rejected before the envelopes were
even opened--because the rules were not EXACTLY followed. American Green Card
Lottery Access Center is a service company, not a governmental agency, offering
year-round assistance in submitting your Green Card Lottery entry in EXACTLY
the manner required by the US Government. The fee is for our services. Please
see Our Services and Fees for additional information
about what we do for you.
