Win the Green Card Lottery!
Table of Contents
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Chapter 1

CHAPTER 1 - Introduction

Applying — A Quick Summary

If you believe you already have enough information to enter the lottery (or just feel lucky), skip to Chapter 2, page 23. However, we strongly recommend you read this Introduction before you apply.

Step 1 Determine If You (Or Your Spouse) Are Eligible. To be eligible for the visa lottery, you must:

• Be a native of a qualifying (visa eligible) country AND
• Have at least a secondary school education or its equivalent
• OR, you must have at least two years of training or experience in a skilled occupation or trade within the past 5 years. Your occupation must require at least two years of training or experience to qualify.

The list of visa eligible countries is listed in Chapter 3 on page 54.

If you are from a visa ineligible country, you cannot apply unless you have either a spouse from an eligible country, or, in rare instances, have parents who were born in eligible countries and who were not residents of your country of birth, when you were born. For example, your parents might have lived temporarily in the ineligible country because of their jobs.

See Chapter 4 for personal eligibility requirements. If you do not have a secondary education, consult APPENDIX C for the list of occupations requiring at least two years of training or experience. Then, if you have one of these occupations you may substitute your training or experience for the required secondary school education.

Step 2 Fill Out the Electronic Diversity Visa Entry (EDV) Form. If either you or your spouse is eligible, complete the Electronic Diversity Visa (EDV) Entry Form located on the Internet at:

http://travel.state.gov/visa/immigrants/types/types_1318.html

Follow the instructions provided in Chapter 2. Submit the form along with a recent digital or scanned photograph of yourself (the principal applicant) and your immediate family members. Only register during the 60-day period allowed. DO NOT WAIT UNTIL THE LAST WEEK TO REGISTER.

See Chapter 2 for detailed instructions to complete your registration. Remember to follow the instructions exactly as shown, or your registration may be disqualified. The State Department will send you (or your lottery service) an electronic confirmation notice when they receive your entry.

If you win, the Kentucky Consular Center will notify you (or your lottery service) by mail, and not e-mail within five to eight months after the close of the lottery. For example, if you entered the calendar year 2008 (DV-2010) lottery, you will receive notification between May 1, 2009 and June 30, 2009. Only winners are notified. However, starting with the DV-2010, all entrants, including those NOT selected, will be able to check the status of their entry beginning July 1 through the E-DV website and find out if their entry was or was not selected.

Step 3 If You Win–Apply To Adjust Status, or Apply for an Immigrant Visa. If you are living inside the U.S., we suggest you immediately contact an immigration attorney before you submit an application to adjust status (I-485). You can apply to adjust status in the U.S., OR you can return to your home country and apply for an immigrant visa at the U.S. Consulate. If you prefer to adjust status in the U.S., apply to the U.S. Citizenship & Immigration Services, Attn: DV Lottery Winner, 427 S. LaSalle - 3rd Floor, Chicago, IL 60605-1098. Please keep in mind that filing locations are subject to change. Always check for the most up-to-date information regarding filing locations and other information at www.uscis.gov, and/or follow all instructions on your selection notice.

NOTE THAT APPLICANTS LIVING IN CERTAIN STATES HAVE SPECIAL FILING PROCEDURES.

See Chapter 5 for tips designed to supplement the instructions you receive with your winning notification letter.

If you are living outside the U.S., immediately submit an immigrant visa application to the U.S. Consulate office in your home country. If there is not a U.S. Consulate in your home country, then file your application wherever the Department of State directs you to file. For example, you may reside in a country in which a U.S. Embassy does not exist or has been closed. In this instance you will be assigned to another Embassy for filing and interview.
Many immigration lawyers believe that filing abroad at the U.S. Embassy provides the best of chance of actually receiving permanent resident status in the U.S. This is because there is a relatively short time period during which you must obtain your green card, and the relatively long time frames generally required for these decisions at CIS offices in the United States.

Step 4 Prepare for Your Interview. Make sure your application arrives at the destination by the deadline listed in your notification letter. After your application is received, you will be scheduled for an interview with an examining officer. If you filed to adjust status in the United States, you will be interviewed by a CIS officer. If you filed for an immigrant visa outside of the U.S., you will interviewed by a consular officer at the U.S. Consulate abroad. The examining officer will confirm the information you provide and approve or deny your application.

See Chapter 5 for tips and suggestions to help you handle your interview and improve your chances of receiving a green card.

Step 5 If Your Immigrant Visa Is Approved, Enter the U.S. Within Six Months. If your immigrant visa is approved, you must enter the U.S. within six months of receiving your visa, or you will lose it. For example, for DV 2010, no immigrant visas will be issued or adjustment of status applications approved after September 30, 2010.

If you receive a diversity visa on September 30, 2011 (the last day to receive a visa for DV-2011) then you and your family must immigrate to the U.S. by March 30, 2012.

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What Is a Green Card?

A “green card” is the common name given to the plastic identity card issued by the CIS and is proof of your permanent resident status in the U.S. Obtaining your green card is the final step towards U.S. permanent residency and winning one is the purpose of this book.

Originally called a Form I-151, it was renamed to a “Form I 551 Permanent Resident Card” in December 1998. It became known as a “green card” because the card was initially green in color. Today, it features your photograph, fingerprints, a security hologram, CIS “A” number, and a CIS expiration date on a white background.

Of course, you can also obtain a green card through a U.S. employer, or under certain circumstances, by being a qualifying family member of a U.S. citizen or Lawful Permanent Resident. There are other visas too, such as those for alien “entrepreneurs”, those seeking asylum or amnesty, and “special immigration” categories such as being in the clergy of a recognized religious denomination. If you are looking to obtain a visa via one of these means, see Chapter 6.

If you have specialized circumstances or you are unsure where you fit or what you may qualify for, you should always consult with an immigration attorney.

What is the Green Card (Diversity Visa) Lottery?

The U.S. Department of State operates a random computer drawing for those of you who wish to enter the USA to take up residence, seek employment, study, conduct business, invest, retire, or join family members already in the United States. As the “diversity” name implies, the program was established to increase the numbers of immigrants entering the U.S. from underrepresented countries. This special visa is reserved for immigrants born in countries that have very few immigrants entering the United States. Specifically, if a country has had more than 50,000 immigrants to the U.S. in the last five years, then those countries are ineligible for the lottery.

Although the terms “diversity visa lottery”, “visa lottery”, and the “green card lottery” are used interchangeably here, the U.S. government program officially refers to this program as the “diversity visa lottery.”

The visa lottery is for anyone who wants to become a U.S. permanent resident. This includes temporary employees, students, business people, visitors, and others who are already in the U.S.

The visa lottery is for anyone who wants to become a U.S. permanent resident. This includes temporary employees, students, business people, visitors, and others who are already in the U.S. Winning the diversity visa lottery just gives you an opportunity to receive U.S. permanent residency, provided you follow and meet the requirements described in this book.

How It Began. The system originated in 1986 with several temporary lottery programs created to help balance the burgeoning immigrant populations from Asia and Latin America. In 1995, a permanent diversity visa lottery system was established, awarding 55,000 visas to lottery winners. Over the last decade, the U.S. Congress increased this figure to as many as 95,000 visas and then reduced it to 50,000.

In 1997, the U.S. Congress passed the Nicaraguan and Central American Relief Act (NACARA), which set aside an additional 5,000 visas solely for beneficiaries of this program.

Today’s Lottery System. Counting NACARA, the number of diversity visas is currently 55,000 per year. However, for the However, for the purposes of this book, we will always use the 50,000 figure since 5,000 visas are reserved for NACARA.

The visas are divided between six geographical world regions. No more than 7% (or 3,500) of the 50,000 visas go to immigrants born in any single country. As we will discuss next, there are actually twice as many “winners” initially selected as there are visas granted.

How Many Diversity Visa Winners Are There Each Year? There are 50,000 visas available under the Diversity Visa Program. However, 100,000 primary applicants are selected as winners. Therefore, twice as many winners are selected as there are visas available. This is because, historically, about half of those selected change their mind or fail to qualify due to problems with their application.

Also, note that each person in your family gets one of the 50,000 available visas, even if there is only one “winner” per family. On average, each lottery winner uses three to five additional visas.

What The “DV ” Name Means. Today’s diversity visa lottery system is sometimes referred to as the “Schumer visa lottery”, named after U.S. Congressman Charles Schumer, its chief sponsor. It became identified with the “DV ” (Diversity Visa) symbol followed by the U.S. Government fiscal year in which the visas are finally awarded.

When Can I Apply? The lottery is only open for electronic registration during a 60-day period. Be advised that the specific dates change every year. For example:

• For calendar year 2006 (DV-2008) the registration dates ran from noon Wednesday, October 4, 2006 to Sunday, December 3, 2006.
• For calendar year 2007 (DV-2009) the registration dates ran from noon Wednesday, October 3, 2007 to Sunday, December 2, 2007.
• For calendar year 2008 (DV-2010) the registration dates ran from noon Thursday, October 2, 2008 to Monday, December 1, 2008.

The registration dates for the 2009 lottery (DV-2011) have not been announced by the State Department as of this printing.

Will My Spouse And Children Also Get Green Cards? Your immediate family will also receive visas, although they must also pass a visa interview along with you. Immediate family members include your spouse and unmarried children under 21. Immediate family members will be able to live and work permanently in the United States.

According to the current U.S. State Department policy, your children must be under the age of 21 when you (the principal applicant) register with the U.S. Embassy or file for adjustment of status with the local CIS office. Note that under the lottery rules effective August 08, 2001, you must list all your children on your visa lottery registration whether or not they will accompany you to the United States.

These issues are discussed in more detail in Chapter 4, Rules for Immediate Family Members, page 62. See page 16 for the State Department phone number and web sites containing the latest information for DV-2011.

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Pros and Cons of Becoming a Permanent Resident

Benefits. A green card entitles you to live permanently anywhere in the U.S. and work freely at any job, attend a college or university, own property, or even start a business of your own. As a permanent resident, you can receive financial aid benefits such as loans, grants, scholarships or other awards based on academic merit to study at a university or college of your choice.

Limitations. A permanent resident must have the intent to reside permanently in the United States. This means you are required to make the U.S. your permanent home or you will risk losing your green card.

As a permanent resident, you must file for U.S. taxes each year according to U.S. law. If you commit certain crimes in the United States, you could lose your green card and be removed (deported).

As a permanent resident, you are ineligible for certain public benefits under the 1996 Welfare Reform Law, signed by ex-president Bill Clinton. This law makes it illegal for persons other than U.S. citizens to receive some benefits. Before 1996, permanent residents could receive welfare, food stamps, Medicaid and other public benefits.

Travel Restrictions. To be admitted as a lawful permanent resident of the U.S., you must intend to reside permanently in the U.S. An absence from the U.S. for more than one year at a time can result in a finding of abandonment, causing you to lose permanent resident status. If you need to be absent from the U.S. for more than one year, you should obtain a reentry permit by filing Form I-131 (Application for Travel Document). The cost is currently $305 USD. The reentry permit is additional evidence that you do not intend to abandon your residence in the U.S.

You Must Renew Your Green Card in 10 Years. In the past, a green card lasted “forever”, or until you became a naturalized citizen. In September 1989, the laws changed. A green card with only limited exceptions is now is only valid for 10 years. Unless you apply for U.S. citizenship, your green card must be renewed before the expiration date. Note that your permanent resident status does not expire, only the card expires. Receiving a “green card” is the first step in the process of obtaining U.S. citizenship. You should apply for your U.S. citizenship so you can receive benefits available to only U.S. citizens, and to avoid the legal restrictions imposed on permanent residents.

Benefits of Citizenship Versus a Green Card. As a U.S. citizen, you may vote and hold public office. More importantly, you will not be subject to changing immigration restrictions and new laws that can adversely affect permanent residents. You can also sponsor relatives from your home country such as your parents, brothers and sisters. You may also travel to and from your home country for extended periods. You may also receive a U.S. passport and receive public benefits such as welfare, Medicare and food stamps (if needed). You may also hold certain jobs available only to U.S. citizens. As a Legal Permanent Resident with a Green Card you may apply for U.S. Citizenship after residing in the U.S. for 5 years (or 3 years if married to and living with a U.S. Citizen), with limited exceptions. You should consult with an immigration lawyer when the time comes to determine your eligibility.

Where to Get the Latest Information

We always publish the latest lottery rules available at the time of this printing. However, the State Department now publishes the final lottery rules later in the year. (Please note that the URL’s of government web sites change frequently.)

You will need to verify at least two additional pieces of information before you enter the lottery if you purchased any edition of this book before October 2009:

• The list of visa ineligible countries
• If you do not have at least a secondary school diploma, then you need to confirm you meet the occupational requirements.

Obtain the above information from any one of the following official sources, or our web site.

State Department Diversity Visa Lottery Hotline. The National Visa Center has an automated voice system to inform you (in English only) about the Diversity Visa cut off dates. Call: +1- 202-663-1541.

www.myGreencard.com. For those of you with Internet access, the registration dates for DV 2011 are posted as soon as they are available.

www.myUSAi.org. The United States Association of Immigrants includes a Discussion Forum for immigrants where members can discuss issues on a variety of subjects of interest, moderated by an immigration attorney. It also brings together visitors looking for information on lottery services and the latest DV-2011 rules and rumors.

State Department Web Site. You can also visit the official State Department web site for DV 2011 when Consular Affairs posts this information:

http://www.travel.state.gov/dv2011.html

State Department “Visa Bulletin”. For immigration professionals and others, the U.S. Department of State’s Bureau of Consular Affairs offers a monthly publication called the “Visa Bulletin”, available via the Internet. The Visa Bulletin contains the latest policies, new or updated regulations, preference categories, dates, an on-line archive, and other general visa matters, including the green card lottery. It is available at myUSA.org, myGreencard.com, and the state department web site:

http://www.travel.state.gov

To be placed on the Department of State’s e-mail subscription list for the Visa Bulletin, send an email to the following address. In the message body type: “Subscribe Visa Bulletin First name Last name”: listserv@calist.state.gov

Changes Resulting From Sept 11, 2001. The State Department announced the following changes to the lottery that seem to be the specific result of the events of September 11, 2001.

1. The State Department announced the following changes to the lottery that seem to be the specific result of the events of September 11, 2001.
   Until DV 2004, the State Department routinely destroyed all applications from losing entries to the lottery. Beginning in September 2002, applications are now saved to assist law enforcement and intelligence agencies in potential terrorist investigations. What this means is that if you are an illegal alien and enter the lottery, the information you provide in your application could possibly be used to remove you. We believe that disqualified entries may also be saved.
2. Entrants from countries that the U.S. considers “state sponsors of terrorism” will face additional delays if the applicant wins the lottery. Section 306 of the Enhanced Border Security and Visa Reform Act of 2002 (EBSVRA) advised that winners from North Korea, Cuba, Syria, Sudan, Iran, and Iraq must complete additional paperwork and must appear for an interview with a consular officer.

Changes to the old Immigration and Naturalization Service (INS). On March 1, 2003 the Immigration and Naturalization Service (INS) was split into separate entities and merged with other existing federal agencies. These entities are now under the Department of Homeland Security (DHS). Most observers welcomed these changes since the INS was obviously mismanaged, and many questioned the inconsistency of a single agency responsible for both enforcing immigration laws and providing immigration benefits. Below is a description of each office:

U.S. Citizenship & Immigration Services (CIS). The U.S. Citizenship & Immigration Services (CIS) under acting director Michael Avtes, is responsible for administering all visa and immigration services and benefits, including:

• Lawful permanent residency (green cards)
• Citizenship
• Asylum
• Employment authorization
• Refugee status
• Inter-country adoptions
• Replacing immigration documents
• Family and employment related immigration
• Foreign student authorization

Previous INS web pages at www.ins.gov and www.ins.usdoj.gov were removed as of June 1, 2003. (Note that the diversity visa lottery is still administered by the U.S. State Department, not the CIS.) The CIS web site is located at:

http://www.uscis.gov

Another useful link is the immigration classifications page. This site lists all the various visa types for nonimmigrant visas, immigrant visas, and other immigration channels in one convenient location:

http://www.uscis.gov/graphics/services/visas.htm

Finally, immigration forms are available at the CIS forms and fees page at:

http://www.uscis.gov/graphics/formsfee/forms/index.htm

The Bureau of Immigration and Customs Enforcement (ICE). The Bureau of Immigration and Customs Enforcement (ICE), under assistant secretary John P. Torres, is responsible for border security and the enforcement of immigration laws. The ICE absorbed the INS Border Patrol agents and investigators who will join with agents from the U.S. Customs Service, Transportation Security Administration and other enforcement personnel to protect the nation's borders. Their mission includes not only managing illegal immigration, but also securing the borders against drug smuggling, unlawful commerce and – as the Department's main priority – the entry of terrorists and the instruments of terrorism. Their charter includes:

• Immigration Investigations – investigating violations of the criminal and administrative provisions of the Immigration and Nationality Act (INA) and other related provisions
• Customs Investigations – investigating terrorist financing, export enforcement, money laundering, smuggling, fraud – including Intellectual Property Rights violations, and cyber crimes
• Customs Air and Marine Interdiction – protecting the nation's borders and the American people from narcotics smuggling and terrorist activity
  Federal Protective Service – providing a safe environment in which Federal agencies can conduct their business
• Immigration and Customs Intelligence – collecting, analyzing, and releasing intelligence to immigration staff to aid in making operational decisions; acquiring and allocating resources; and determining policy; their web site is located at: http://www.ice.gov

Customs and Border Protection (CBP). The Bureau of Customs and Border Protection (CBP), under commissioner Jayson Ahern, is responsible for controlling movement of people and goods through U.S. land borders, airports, and seaports. They have recently expanded their activities to include security activities at some foreign seaports as well. The CBP is composed of employees formerly employed by the Border Patrol, Department of Agriculture, Customs, and the old INS. Their web site is located at: http://www.cbp.gov

It contains instructions for international travelers returning to the U.S, lists of ports of entry, and downloadable customs-related forms, and other information.