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The Diversity Visa 2006 Green Card Lotteryby Gregory SiskindWhat Is The "Green Card" Lottery? The U.S. Congress has authorized the allotment of 50,000 immigrant visas in the DV-2006 category during Fiscal Year 2006 (which runs from October 1, 2005 to September 30, 2006). Foreign nationals who are natives of countries determined by the I.N.S. (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 will begin November 5, 2004 and end Tuesday, January 7, 2005. Entries are for the first time this year 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. Note that the web site will not go online until 12 pm Eastern US Time on November 5 and will end at 12 pm Eastern Time on January 7. Natives of which countries are excluded? The list is the same as DV-2004 except for the addition of Russia.
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-2006 program apportions visa issuance among six geographic regions Who is eligible to apply for the lottery? To receive a DV-2006 visa, an individual must be a native of a low admission 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 What does it mean to have "two years work experience in an occupation 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 Will applying for the lottery affect one's ability to receive a nonimmigrant visa? Probably not. Technically, filing a visa lottery application is equivalent to filing 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 Each individual is limited to one application in the lottery. If more than one May a husband and wife each submit a separate application? Yes. If otherwise qualified, a husband and a wife may each submit one lottery 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 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 How does the selection process work? The State Department's Kentucky Consular Center will receive all applications submitted electronically. Upon receipt, the KCC will assign the application to 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-2006 lottery will have to have their visa in hand by September 30, 2006 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 winners by mail between May 2005 and July 2005. The State Department will not notify applicants to let them know they were rejected. 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 2005, 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 2006, 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-2006 visa if they are already registered in Yes. Do I need to send photographs of each family member and have each 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. The picture may be taken with a digital camera or a regular picture may be scanned. If the submitted digital images do not conform to the following specifications, the system will automatically reject the Entry Form and notify the sender.
If the submitted digital images do not conform to the following specifications, the entry will be disqualified:
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
(2) Asia
(3) Europe
(4) North America
(5) Oceania
(6) South America, Mexico, Central America, and the Caribbean
How do I apply for the lottery? On November 5th, the web site www.dvlottery.state.gov will go online for 60 days and applicants must provide the following information and documentation: 1. FULL NAME - Last/Family Name, First Name, Middle name 3. GENDER - Male or Female 4. CITY/TOWN OF BIRTH 5. COUNTRY OF BIRTH - The name of the country should be that which is currently in use for the place where the applicant was born. 6. APPLICANT PHOTOGRAPH 7. MAILING ADDRESS - Address, City/Town, District/Country/Province/State, Postal Code/Zip Code, Country 8. PHONE NUMBER (optional) 9. E-MAIL ADDRESS (optional) 10. 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.. 11. MARRIAGE STATUS - Yes or No 12. NUMBER OF CHILDREN THAT ARE UNMARRIED AND UNDER 21 YEARS OF AGE 13. SPOUSE INFORMATION - Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, Photograph 14. 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.
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