Win the Green Card Lottery! : The COMPLETE Do-It

Transcription

WIN THE GREEN CARD LOTTERY!
II
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DISCLAIMER. The information provided in WIN THE GREEN CARD LOTTERY! should not be
construed as legal advice. When in doubt, you should consult with a licensed immigration attorney to
see how the law will affect your particular situation. Every effort is made to make WIN THE GREEN
CARD LOTTERY! as accurate and complete as possible. However there may be mistakes, both
typographical and in content; and possible errors of omission due to rapid changes in the law. In no
event will the author, editor, publisher or affiliates, licensors, distributors, or agents be liable to any
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W IN T HE G REEN C ARD L OTTERY !
THE COMPLETE DO-IT-YOURSELF GUIDE TO THE
USA DIVERSITY VISA LOTTERY
JULY, 2004 EDITION
DV-2005 — DV-2007
by
Marybeth Rael and J. Stephen Wilson
Edited by
James T. Daly, Attorney At Law
CONTENTS
CONTENTS ........................................................................................ V
ABOUT THE AUTHORS ....................................................................... IX
ACKNOWLEDGMENTS ........................................................................ XI
PREFACE ..........................................................................................1
CHAPTER 1
INTRODUCTION ..............................................................5
Applying — A Quick Summary ........................................................... 6
What Is a Green Card?......................................................................... 8
What is the Green Card (Diversity Visa) Lottery? ........................... 10
Pros and Cons of Becoming a Permanent Resident ...................... 17
Where to Get the Latest Information ................................................ 19
CHAPTER 2
REGISTRATION INSTRUCTIONS .....................................25
Fill Out the Electronic Diversity Visa Entry Form ........................... 25
When to Apply .................................................................................... 36
Submitting Multiple Applications ..................................................... 36
VI
Why Visa Lottery Registrants Are Disqualified................................38
Using a Lottery Service or Agent ......................................................39
Green Card Lottery Service Web Site Reviews................................44
CHAPTER 3
RESIDENTIAL REQUIREMENTS ...................................... 59
Geographic Regions...........................................................................59
Eligible Countries for Calendar Year 2004 (DV-2006)......................60
Ineligible Countries for Calendar Year 2004 (DV-2006) ...................62
“Low Admission” and “High Admission” Countries.......................62
CHAPTER 4
PERSONAL REQUIREMENTS ......................................... 65
General.................................................................................................65
Rules for Immediate Family Members ..............................................68
Rules of “Chargeability” ....................................................................70
If You Are In the US Illegally ..............................................................73
CHAPTER 5
LOTTERY WINNERS ONLY............................................ 77
Winning Doesn’t Mean You’ll Get a Green Card ..............................77
Apply for an Immigrant Visa at a U.S. Embassy or Consulate .......81
Required Documents..........................................................................84
Your Interview with the U.S. Consulate ............................................90
TABLE OF CONTENTS
VII
Consular Denials................................................................................ 93
Adjusting Status................................................................................. 95
How to Handle Your CIS Interview ................................................. 100
Top Reasons For “Inadmissibility” ................................................ 102
CHAPTER 6
OTHER WAYS TO GET A GREEN CARD ......................105
Major Visa Categories...................................................................... 106
Family-Based Green Cards ............................................................. 107
Other Important Information ........................................................... 108
Employment-Based Green Cards ................................................... 110
Labor Certification ........................................................................... 113
APPENDIX A GREEN CARD LOTTERY REGISTRATION FORM ..........115
APPENDIX B SAMPLE WINNING LETTER ......................................119
APPENDIX C OCCUPATIONS REQUIRING TWO YEARS TRAINING OR
EXPERIENCE ..................................................................................121
APPENDIX D LOTTERY VISAS ALLOCATED BY REGION FOR DV-2004
...............................................................................131
AND DV-2005
APPENDIX E
LOTTERY VISAS ALLOCATED BY COUNTRY FOR
DV-2005 ......................................................................................133
VIII
APPENDIX F
LOTTERY VISAS ALLOCATED BY COUNTRY FOR
DV-2004 ...................................................................................... 137
APPENDIX G
GUIDELINES FOR PRODUCING HIGH QUALITY
PHOTOGRAPHS ............................................................................. 141
GLOSSARY .................................................................................... 157
INDEX ........................................................................................... 165
ABOUT THE AUTHORS
Marybeth Rael is the author of WIN THE GREEN CARD LOTTERY! Through her
many international contacts and paralegal training, she has been active in
immigration and international child abduction issues for over 15 years. Marybeth
has provided assistance to prospective immigrants through the American Green
Card Lottery Network, a lottery service she established to help prospective
immigrants prepare green card lottery applications. Marybeth is a graduate of the
University of Albuquerque in Albuquerque, New Mexico. Between her travels,
she divides her time between residences in New Mexico and the Middle East,
where she lives with her husband Imran and son Abdullah.
J. Stephen Wilson is the coauthor and electronic publisher of WIN THE GREEN
CARD LOTTERY! and is the webmaster of MyGreencard.com. His interest in
immigration issues comes from working with foreign students and H1-B visa
holders for the past 10 years. Steve has degrees from New Mexico State
University in Las Cruces, NM and the University of New Mexico in Albuquerque.
Steve is a project manager living in Santa Barbara, California with his wife Jo and
son Jon.
James T. Daly, Attorney At Law, is the editor. A practicing immigration attorney
with over 10 years experience in visa and other immigration matters, his firm,
Daly Law Office, is located in Santa Barbara, California. Jim is a member of the
American Immigration Lawyers Association.
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ACKNOWLEDGMENTS
Special thanks to Carl Baldwin, Attorney At Law, for responding to numerous
legal questions in early drafts; Marty Williams, whose suggestions and
encouragement early in the project were extremely helpful; Rolf Janke, whose
unique perspective and advice was greatly appreciated; John Diaz, International
Students Advisor at Santa Barbara Community College, who reviewed a late
draft and provided additional advice; Holger Zimmerman, Manager of American
Dream.de, for providing numerous comments and feedback; David Riggs,
Prakash Chandran, and Sean Montgomery of Astral FX for crafting a well
organized, visually attractive web site; and Jo Thompson-Wilson and Imran Aziz,
for providing much needed moral and emotional support.
For recognizing the potential of this booklet and for publishing the first edition, we
sincerely thank Richard Day and the staff of Self-Counsel Press.
Finally, we thank James Daly, Attorney At Law, for editing the last three editions
through the cloudy prism of rapidly changing immigration laws. Without his
careful reviews, this guide would not be available today. He can be reached at:
[email protected].
Marybeth Rael: [email protected]
J. Stephen Wilson: [email protected]
xi
PREFACE
Audience
WIN THE GREEN CARD LOTTERY! is written for those of you who wish to immigrate
to the United States of America. Whether you are already living in the U.S. as an
international student or other visa holder; or you are a professional or tradesman
living in a country outside the United States, this inexpensive booklet collects
everything you need to know to apply for and win the diversity visa lottery.
As a complete do-it-yourself information kit, this guide covers the entire process
from entering the lottery to obtaining a permanent residency. For those of you
who prefer to use a visa lottery service, we provide key information to help you
select one.
If you are an International Student Advisor or other immigration professional, this
booklet provides a quick summary of the U.S. diversity visa lottery with clear
examples that illustrate rules of chargeability and other essential concepts.
For lottery service owners, webmasters, immigration officials, and others, we also
offer a separate VISA LOTTERY SERVICE WEB SIE REVIEWS REPORT containing the
raw data and other detailed information used to prepare the lottery service
ratings published in this guide and our website. For more information see:
http://www.mygreencard.com/reviews
WIN THE GREEN CARD LOTTERY! is the original, the most accurate and most
complete publication dedicated to this extremely popular lottery. We are now in
our fourth year of publication.
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Figure the Odds…
Although we cannot improve the chances of your entry being drawn (despite
such claims by some lottery services) we can help you prevent costly errors. By
avoiding common mistakes, sending in multiple entries where instructed, and
following our advice, you can effectively increase your chances of obtaining
permanent resident visa.
If you do win, this booklet will guide you through the final essential steps required
to get your green card. Remember, you must pass an interview, a medical
examination, and submit complete and accurate documentation to obtain green
cards for yourself and your immediate family. Almost half of those initially
selected for the lottery will fail to complete these last few steps successfully.
Electronic Registration
Beginning with the calendar year 2003 green card lottery (DV-2005), only
electronic registrations sent via the Internet are used. Paper entries sent by mail
will not be accepted, unless you provide a lottery application to a lottery service
that enters your registration electronically for you during the open registration
period.
Registration Dates
You can only submit lottery registrations during the 60-day registration period.
The registration dates for the calendar year 2005 green card lottery (DV-2007)
have not yet been officially announced. If the State Department follows previous
year’s dates, the registration period will run from FRIDAY, NOVEMBER 4, 2005
to FRIDAY, JANUARY 6, 2006. Lottery registrations cannot be entered on the
government web site before or after these dates.
Signatures Not Required
Since applications are submitted on-line, signatures are no longer possible or
required.
PREFACE
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Using This Booklet
We designed this booklet so you can easily access the information you need via
the Table of Contents and the Glossary. To locate specific information by
keyword, consult the Index.
Important words or phrases in italics are emphasized for importance. Extremely
important text is emphasized in red text with ALL CAPS. Suggestions designed
to increase your chances of winning or steer you clear of potential pitfalls are
labeled as a TIP!!
A hand icon precedes pointers to other chapters, appendices, or other locations
with more detailed information.
Keeping Current
This 2005 edition has been revised for DV-2007. If you purchased this booklet
last year DO NOT RELY ON INFORMATION CONTAINED IN PREVIOUS
YEARS DUE TO CHANGES IN LOTTERY RULES AND IN IMMIGRATION
LAW!
We publish 2 or 3 minor revisions each year to keep you advised of new
information. The July edition includes the majority of the changes in immigration
law and presumptive dates for the current lottery. The October edition includes
the lottery results for the prior year and any last minute changes by the State
Department for this year’s lottery. The edition is labeled on the inside front cover.
This revision is labeled “July 2005”.
If you purchased an earlier edition of this booklet, the official lottery rules may
change by the start of the lottery. This includes, but is not limited to, the list of
visa ineligible countries and the final registration dates. If you purchased this
booklet before October, please refer to the State Department’s visa lottery
telephone number, fax-phone number, or web site provided in this booklet; or
visit our web site at:
http://www.mygreencard.com
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Although immigration laws and the Immigration and U.S. Citizenship and
Immigration Services ) underwent significant changes because of the events of
September 11, 2001, we still expect the diversity visa lottery program to remain
active.
Disclaimer
The information provided in this booklet should not be construed as legal advice.
When in doubt, consult with a licensed attorney to see how the law will affect
your particular situation.
Tremendous effort is made to make this booklet as accurate and complete as
possible. However there may be mistakes, both typographical and in content;
and possible errors of omission due to changes in the law. In no event will the
authors, editors, publisher or their affiliates, licensors, or agents be liable to any
person or entity for any loss or damage caused, or alleged to have been caused,
directly or indirectly by the information, or inability to use the information
contained herein. By purchasing WIN THE GREEN CARD LOTTERY! you
acknowledge that the provisions of this section shall apply.
Privacy Policy
Safeguarding your privacy is serious business. This policy covers treatment of
information that we collect if you purchased the electronic version of WIN THE
GREEN CARD LOTTERY! on our web site. The form required your name, e-mail
address, country of residence, and other contact information. We will not sell or
rent this information to third parties or spam our readers with unsolicited e-mail.
We also requested demographic data, such as your education level, occupation,
and country of birth. This optional information will only be used improve our web
site and target future editions of this booklet to our main audiences.
Chapter 1
INTRODUCTION
This chapter introduces the green card lottery program and summarizes what
you need to know to apply.
Figure 1 Green Card Lottery Overview
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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 25. 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 60.
If you are from a visa ineligible country, you cannot apply unless you have either
a spouse or parent from an eligible country.
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 are eligible, complete the Electronic Diversity Visa
(EDV) Entry Form located on the Internet at:
CHAPTER 1 INTRODUCTION
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http://www.dvlottery.state.gov.
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)
within five to eight months after the close of the lottery. For example, if you
entered the calendar year 2004 (DV-2006) lottery, you will receive notification
between May 1, 2005 and June 30, 2005. Only winners are notified.
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. You can
apply to adjust status either at your local CIS office, 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 at your local CIS office, apply at the office closest to your place of
residence.
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, natives of Lebanon are
currently instructed to file in Abu Dhabi.
See Chapter 5 for tips designed to supplement the instructions you receive with
your winning notification letter.
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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 Immigrant Visa 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, if you receive a diversity visa
on September 30, 2005, then you and your family must immigrate to the U.S. by
March 30, 2006.
For DV-2006, no immigrant visas will be issued or adjustment of status
applications approved after September 30, 2006. No immediate family members
can join you in the U.S. after this date.
For DV-2007, no visas will be issued after September 30, 2007.
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.
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Figure 2 Sample Green Card
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 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 you should always consult with an
immigration attorney.
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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.
Although the diversity 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.
Please note that a green card is not issued automatically by winning the lottery,
but is obtained after you submit additional documentation and are interviewed by
a government official. 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.
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Today’s Lottery System
Counting NACARA, the number of diversity visas is currently 55,000 per year.
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 has many informal names—the green card
lottery, the immigration lottery, the visa lottery, and 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.
For example, the lottery in calendar year 2005 is known as DV-2007, since the
awards are made in fiscal year 2007. The U.S. government’s 2007 fiscal year
begins October 1, 2006 and ends September 30, 2007.
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When Can I Apply?
The lottery is now open for electronic registration during a 60-day period. Be
advised that the specific dates change every year. For example:
•
For calendar year 2002, (DV-2004) the lottery registration dates ran from
noon Monday, October 7, 2002 to noon Wednesday, November 6, 2002.
•
For calendar year 2003, (DV-2005) the lottery registration dates ran from
noon Saturday, November 1, 2003 to midnight Tuesday, December 30,
2003.
•
For calendar year 2004 (DV-2006) The registration dates ran from noon
Friday, November 5, 2004 to midnight Friday, January 7, 2005.
The registration dates for the calendar year 2005 lottery (DV-2007) should run
from: FRIDAY, NOVEMBER 4, 2005 to FRIDAY, JANUARY 6, 2006.
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.
Your spouse and children who accompany you to the U.S. must do so by the
DV-2007 visa deadline. For the calendar year 2003 lottery (DV-2005), the
deadline is September 30, 2005. The calendar year 2004 lottery (DV-2006)
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deadline is September 30, 2006. The calendar year 2005 lottery (DV-2007)
deadline is September 30, 2007.
These issues are discussed in more detail in Chapter 4, Rules for Immediate
Family Members, page 68. See page 19 for the State Department phone number
and web sites containing the latest information for DV-2007.
Important Dates and Deadlines for DV-2005
Figure 3 Published Dates and Deadlines for DV-2005
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Figure 4 Published Dates and Deadlines for DV-2006
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Figure 5 Dates and Deadlines for DV-2007
The registration dates for DV-2007 should run from FRIDAY, NOVEMBER 4,
2005 to FRIDAY, JANUARY 6, 2006. THESE DATES ARE PENDING FINAL
PUBLICATION BY THE STATE DEPARTMENT IN SEPTEMBER, 2005.
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Page 19 lists the official diversity visa hotline telephone numbers containing the
latest updates for DV-2007. If you have Internet access, you can also get
updates at our web site at http://www.mygreencard.com or the State Department
web site at http://www.travel.state.gov.
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.
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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 $165 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 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.
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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 this book before September 2005:
•
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 next lottery. Call:
202-663-1541
http://www.mygreencard.com
For those of you with Internet access, our web site lists the registration dates for
DV-2007 as soon as they are available. We also include general immigration
information unavailable at the State Department web site.
State Department Web Site
You can also visit the official State Department web site for DV-2007 when
Consular Affairs posts this information. As of this printing, they list instructions for
last year’s lottery, DV-2006:
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http://www.travel.state.gov/dv2006.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 only available at the
state department web site:
http://www.travel.state.gov
The Visa Bulletin is available from fax phone. Follow the prompts and enter code
“1552”.
202-647-3000
To automatically receive copies of the Visa Bulletin by e-mail, send your request
to:
[email protected]
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. 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.
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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, Iraq, and Libya must complete additional paperwork and
must appear for an interview with a consular officer.
Changes to the 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 Eduardo
Aguirre, 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.
22
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
You can call the CIS National Customer Service Center at the toll free telephone
number below if you live in the U.S., Puerto Rico, Guam, or the U.S. Virgin
Islands. (If you live outside the U.S. contact the closest U.S. Embassy or
Consulate.) Call this number if you need information about immigration services
and benefits, filing changes of address, appointment rescheduling, or information
on pending status applications:
1-800-375-5283
Hours of operation and related information is listed at:
http://www.uscis.gov/graphics/services/NCSC.htm
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
23
The Bureau of Immigration and Customs
Enforcement (ICE)
The Bureau of Immigration and Customs Enforcement (ICE), under assistant
secretary Michael J. Garcia 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.bice.immigration.gov/graphics/immig.htm
24
Customs and Border Protection (CBP)
The Bureau of Customs and Border Protection (CBP), under commissioner
Robert C. Bonner, 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.
Chapter 2
REGISTRATION INSTRUCTIONS
Fill Out the Electronic Diversity Visa Entry
Form
To enter the visa lottery, fill out the electronic registration (EDV) form as
described in this chapter. The official form (DS-5501) shown in these examples
for DV-2006 is located on the U.S. State Department web site:
http://www.dvlottery.state.gov
Please note that this web site will not be active until November 4, 2005. Follow
these instructions exactly, or your application may be disqualified. For example,
in calendar year 2002 (DV-2004), the last year mail-in registration forms were
accepted, approximately 3 million registrations were disqualified.
Enter your information in English only. There is no charge to register for and
enter the lottery.
If You Use a Lottery Service
If you use a lottery service to prepare your entry, fill out their electronic or paper
form. Send your completed form to your lottery service. Be sure to follow the
same rules for photographs described in this section. They will scan your photos
25
26
and electronically submit your registration on your behalf. If the photographs do
not meet the required specifications, they should contact you for a replacement.
We provide a sample paper-based lottery registration form at:
http://www.mygreencard.com/downloads.php. Remember, either you or your
lottery service must submit your entry electronically, not by mail.
1. Full Name
Enter your full name, with your (surname/family) name listed first.
List your name in this order: last name, first name, middle name.
Example: Garcia, Juan Pablo
2. Date of Birth
Provide your birth date in the following order: day, month, year.
Example: 8 June 1952
CHAPTER 2 REGISTRATION INSTRUCTIONS
27
3. Gender
Enter Male or Female.
4. City/Town of Birth
Enter the city or town only.
5. Country Of Birth
Enter the current name of the country where you were born.
Note: you or your spouse must be born in or “chargeable” to a visa eligible
country to qualify for the lottery. The list of visa eligible countries is listed on page
60. Your current country of citizenship is not considered.
28
If you were born in a visa ineligible country such as Mexico, you may still qualify
for the lottery based on your response to Question 10.
6. Applicant Photograph
Follow the rules below for photographs:
•
Applicant, spouse, and/or child must be directly facing the camera; the
head of the person being photographed should not be tilted up, down or
to the side, and should cover about 50% of the area of the photo.
•
The photo should be taken with the person being photographed in front
of a neutral, light-colored background. Photos taken with very dark or
patterned, busy backgrounds will not be accepted.
•
Photos in which the face of the person being photographed is not in
focus will not be accepted.
29
•
Photos in which the person being photographed is wearing sunglasses
or other paraphernalia, which detracts from the face, will not be
accepted.
•
Photos of applicants wearing head coverings or hats are only acceptable
due to religious beliefs, and even then, may not obscure any portion of
the face of the applicant. Photos of applicants with tribal or other
headgear not specifically religious in nature are not acceptable. Photos
of military, airline or other personnel wearing hats will not be accepted.
•
The photograph must be submitted in the Joint Photographic Experts
Group (JPEG) format.
•
The photograph must be submitted either in color or grayscale;
monochrome images (2-bit color depth) will not be accepted.
•
If a digital photograph is taken, it must have a resolution of 320 pixels
high by 240 pixels wide and a color depth of 24-bit color, 8-bit color, or 8bit grayscale.
•
If a photographic print is scanned, the print must be 2 inches by 2 inches
(50mm x 50mm) square. It must be scanned at a resolution of 150 dots
per inch (dpi) and with a color depth of 24-bit color, 8-bit color, or 8-bit
grayscale. It must have a resolution of 300 by 300 pixels.
•
The maximum file size accepted is sixty-two thousand five hundred
(62,500) bytes (62.5K).
Your photograph will be automatically checked by the computer system to
confirm it meets the required specifications for digital photographs.
IF YOUR PHOTOGRAPH IS REJECTED, THE SYSTEM ALLOWS YOU TO
RESUBMIT YOUR PHOTO BEFORE YOU GO TO THE NEXT STEP.
Appendix G lists complete guidelines from the State Department for producing
high quality photos.
30
7. Mailing Address
Enter Address, City/Town, District/Country/Province/State, Postal Code/ Zip
Code, Country.
This is the address where your notification will be mailed if you are selected as a
winner. If you are planning to move before June 30, 2005, then provide the
address where you planning to move. If you don’t know where you will be
moving, then provide the address of a settled friend or family member who won’t
move within the next year.
TIP!! You can provide the address of someone who lives in the U.S. if you live
in a country with poor mail service. This is shown in the next example.
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8. Phone Number (Optional)
A telephone number is not required, but is helpful.
9. E-mail Address (Optional)
We recommend you include your e-mail address if you are entering yourself.
10. Country Of Eligibility if Applicant’s Native
Country Is Different From Country Of Birth
If you are claiming eligibility to your birth country, and your birth country is a visa
eligible country, enter “Yes,” as shown below.
32
You may be chargeable to a visa eligible country if your spouse is a native of a
visa eligible country, or if there are unusual circumstances regarding your birth. If
you are from a visa ineligible country, see Chapter 3, page 70 for details on
chargeability if you feel you may qualify.
For example, if you claim to be a native of a country other than your place of
birth, indicate the country from which you are claiming eligibility. For example, if
Juan Garcia was born in Mexico City, but his wife was born in Peru, he could
claim eligibility to Peru through his wife. This is shown in the next example:
11. Marriage Status
Click the appropriate button depending on your marriage status.
33
12. Number of Unmarried Children Under 21 Years
of Age
If you have children, count all of your natural children, stepchildren, and legally
adopted children. It does not matter if your children or your spouse’s children
were born in a visa ineligible country. You do not need to count those children
who are already U.S. citizens or legal permanent residents.
When you are finished, press the “Continue” button. This is the end of Part One
of the Application. If you have a spouse or dependents, proceed to Part Two –
Dependents.
13. Part Two - Spouse Information
Enter Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and
Photograph. Follow the same rules for photographs listed in Question 6.
34
If you are married or separated, you must enter your spouse’s information. It
does not matter whether your spouse was born in a visa ineligible country.
35
TIP!! Your spouse can apply for the green card lottery separately from you if
he or she qualifies for the lottery. This will double your chances of winning. In this
case, your spouse should submit a second registration and list you as the
spouse.
Do not list your divorced spouse on your registration. However, if you are
separated, you must list your spouse on your application and include his or her
picture. Use the best available picture if your separated spouse is not available.
14. Children Information
Enter: Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and
Photograph. Follow the rules for photographs listed in Question 6.
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. If
your spouse submits a separate entry in addition to yours, both of your entries
should include the same children information. If your spouse is pregnant, you can
still enter. Do not list the unborn child on the application.
For more information on registering family members, see Chapter 4 page 68.
When You Are Finished
When you have entered all your information and pressed the “Submit” button,
you will receive a confirmation message on your screen that your photograph
was received. You will have a chance to review the data you have just entered.
36
If you wish to change any information press the “Go Back to Part 1” button or Go
Back to Part 2” button. DO NOT use the back button on your browser. If you do
not receive a confirmation message after several minutes after you press the
“Submit” button, you can resubmit.
When to Apply
Only Apply During the Registration Period
Enter the green card lottery only during the open registration period. For
DV-2007, the dates are from: FRIDAY, NOVEMBER 4, 2005 to FRIDAY,
JANUARY 6, 2006.
TIP!!
Do not wait until the last few days to enter. In prior years, the
Department of State computer servers were unable to process the high volume
of last minute applications.
Submitting Multiple Applications
The DV Lottery system software accepts only one registration, per person, per
year. If you submit more than one application it will be disqualified. Although
there have been numerous cases in past lotteries where people registered
multiple times in one year and won, the computerized system put in place
beginning with DV-2005 detects multiple entries.
The only exceptions to this rule are as follows:
•
Two separate registrations are allowed per married couple, per year. You
can apply, listing yourself as the primary applicant. Your husband or wife
37
can also apply as primary applicant on a second application if he or she
qualifies based on education or work experience. In this case, submitting
two separate applications will double your chances of winning the visa
lottery.
•
Your unmarried dependent child under the age of 21 years can also
apply as a primary applicant if he or she is a secondary school graduate
or has the required work experience. The child can also appear as a
dependent on each parent’s application if he or she will be under 21
years of age and unmarried at the time the visa paperwork is submitted
to the government. In this case, the child will appear on three separate
lottery applications! Note: if she wins the lottery on her own application,
she cannot sponsor her parents for permanent residency until she
completes the steps required to become a U.S. citizen.
If You Are Selected
If your name is chosen you will be notified in writing by the Kentucky Consular
Center. You must submit a formal application and undergo further processing to
receive an immigrant visa to enter the United States. If you are already living in
the U.S. you may be able to adjust status. This last step is your formal request
for a green card.
TIP!!
If you are a winner and wish to adjust your status in the U.S., file your
application to adjust status immediately, since selection of the available 50,000
visas (including spouses and qualifying children) is on a first come, first serve
basis. Once these numbers have been taken, no further visas can be issued, by
law.
You must respond to your notification letter from the Kentucky Consular Center
quickly or risk completely losing your award for that year. If you do not respond
well in advance of the deadline listed in the packet, your application will be
rejected. In that case you must reapply for the lottery again.
38
Why Visa Lottery Registrants Are
Disqualified
An estimated 20 percent to 40 percent of all registrations were disqualified in
years past using the old paper-based system. Usually, the applicant was not
even aware this occurred. This amounted to more than three million improperly
prepared lottery applications per year!
These high figures should change for the better under the new Electronic
Diversity Visa Entry system. Below are the major reasons visa registrations are
now disqualified.
Problems with Your Photograph
The new rules state that a digital photograph must be submitted when you
register. Photos must meet U.S. Department of State specifications or the
application will be disqualified.
Not a Native of a Visa Eligible Country
Your registration will be disqualified if you are a citizen of a visa ineligible
country, or if you are not chargeable to a visa eligible country.
Sending in Multiple Applications
If you submit more than one registration your entry will be disqualified, unless the
additional entry is for your spouse or for a secondary school graduate who
applies separately from you.
Please note that this was a controversial topic. At least one well-known
immigration attorney wrote an article in 2002 claiming the State Department
could not successfully track multiple paper applications even after the State
Department claimed they could. However, with the introduction of the electronic
registration system beginning with DV-2005, tracking multiple entries via
39
computer is easier. If you submit more than one registration (with the exceptions
noted above) your application will be disqualified.
Insufficient Biographical Information For Spouse
and Children
Sending your registration without providing the name, birth date, and birthplace
of your spouse and all children will disqualify your entry.
Using a Lottery Service or Agent
If you read this booklet and follow our instructions, there is no reason why you
cannot easily register for the lottery yourself, providing you have access to the
basic computer technology required. Registering yourself will save you the cost
of the lottery service fee—typically between $35 USD to $55 USD per person, or
$50 USD to $95 USD per married couple/family. In addition, since some lottery
services are disreputable (“scams”), you are assured your application is actually
entered. However, there are circumstances in which you may want or even need
to use a lottery service. This section provides information to help you make this
decision, and concludes with an examination of visa lottery service web sites we
ranked by Fees, Information Content, and Service.
When to Use a Visa Lottery Service
Convenience. One benefit of using a service is the convenience of registering
any time of the year without worrying about missed registration deadlines. For
example, if you cannot register within the open registration period then you may
want to use a service.
Poor English Language Skills. If your English language skills are weak, then a
lottery service can help. The service should either correct mistakes for you or
return your registration and tell you where to make the correction. Since millions
40
of applications were prepared incorrectly in past years, there seems to be a clear
need for this type of service.
Lack of Computer Access. You must have access to a digital camera to take your
picture, or a scanner to digitize your photographs. If you do not have computer
technology available, you may wish to send in a paper application and standard
photograph to a lottery service so they can scan your picture and enter your
information electronically for you.
Unreliable Postal Service. People with slow or unreliable postal service in their
home country should use a lottery service. If your winning notification letter does
not arrive in a timely manner, you will lose critical response time.
Unknown Future Residence. Others may not know where they will be living when
winners are selected and need use the return address of a trusted third party that
will not change.
If you decide to use a service, we recommend you contact them first to confirm
they respond to your inquiry within 48-72 hours.
TIP!!
Call or e-mail the lottery service before you send them your registration.
Ask them if they require the government to contact you if you win, or if the
service contacts you directly. Good services should notify you if win, assuming
you use their address as your return address on your lottery application. If they
do not respond to your questions in a timely manner, do not use the service.
Send in your paper application at least 6-8 weeks before the closing date of the
lottery. Some lottery services only accept electronic entries. We question the
wisdom of paying a lottery service to enter your electronic application for you,
since you must already have the ability to enter your information, including digital
photos, into a computer.
There are several excellent lottery services that provide good service. Some
have 24-hour toll free telephone numbers, attorney contacts, and complete
translations for non-English readers. Some lottery services even spend extra
time cleaning up poor photographs that would normally be rejected by the
government. Others accept applications received as late as one or two weeks
41
before the closing date of the lottery, but usually charge an additional fee for
processing last minute applications.
Disadvantages
Lottery scams are difficult to spot. Some charge you an entry fee but then fail to
send in your entry. Since the government does not notify lottery losers, you never
know if the service is cheating you.
Handling Incorrect Entries. Many sites “guarantee” that only correct entries will
be submitted. Unfortunately they do not always explain how they will handle an
incorrectly submitted entry. They should either call you or e-mail you to let you
know there is a problem with your registration. Otherwise, if they simply return
your application, then it may be too late for you to correct the problem and send it
back to the service, especially if you live in an area with poor mail service. This
entire process will take more time and money than if you entered the lottery
yourself and follow our instructions.
Obsolete Information. Some services still list obsolete information from the 2002
or 2003 visa lottery! In our opinion, if they make basic mistakes like this on their
web site, there is a much higher risk they will not properly validate your lottery
application. In our reviews we penalize those sites by subtracting one point from
their total score. For example, if they fail to mention that Russia is a visa
ineligible country, or they wrongly state that signatures are still required, they
lose a point. Although these mistakes may be due to mere sloppiness, it may
also indicate negligence or that the service is inactive or understaffed.
Missing Occupational Requirements. Last year we added the requirement that
the service must list required occupations for those without a secondary school
education, or provide a link to the U.S. Department of State O*Net occupation
page at:
http://www.travel.state.gov/visa/immigrants/types/types_1319.html
After all, what good is it if you are not a secondary school graduate and win the
lottery, and later discover that you cannot enter the U.S. because you don’t meet
the occupational requirement?
42
Multiple Applications. Some services have been known to enter multiple
applications on your behalf to increase the chances of your entry being selected.
Although this may have worked in the past, the current automated system
catches multiple entries and disqualifies the applicant.
False Claims. More typically, disreputable lottery services simply lure customers
with false claims. For example, any service that claims to be "number one,"
"never had an application rejected," or “guarantee you will win” are classic false
claims. Remember too, you CANNOT judge a scam visa lottery site by the quality
of their web page or their advertisements.
For the official U.S. Federal Trade Commission (FTC) warning on green card
lottery scams, visit:
http://ftc.gov/bcp/conline/pubs/alerts/lottery.htm
Guidelines for Lottery Entrants
Below is a summary of mygreencard.com’s "red flags" that indicate you COULD
be dealing with a lottery scam site. Our warnings are more stringent and current
than those listed at the FTC site.
•
AVOID any lottery web site that prominently displays the word "official" or
implies to be associated with a U.S. government agency. NO lottery
service has a government affiliation. Avoid any service that uses
"Kentucky Consular Center" in their headings.
•
AVOID lottery services that “guarantee” you will win.
•
AVOID lottery services that claim to increase the chances of a
registration being drawn, since the lottery is based on a random
computer drawing.
•
AVOID lottery services that list obsolete eligibility information.
Specifically, avoid services that fail to list Russia as a visa-ineligible
country or still include the old signature requirement.
43
•
AVOID lottery services that attempt to fool you into believing you are
accessing an official U.S. government site. These operators often use
government icons and images to impersonate a government web
address and use a Washington DC-based physical address. They should
post a disclaimer on the home page if they use US government images.
•
AVOID lottery services that fail to list their fees until you register.
•
AVOID lottery services do not provide an “about us” page with contact
information (e-mail address and telephone phone number) to reach them
if questions arise about your application.
•
AVOID lottery services that force you to register before they provide their
contact information.
•
AVOID lottery services that only accept digital photographs unless you
need to use the address of a trusted third party.
•
AVOID lottery services that do not have contacts with an immigration
attorney to answer your questions, either via e-mail, chat, or by
telephone.
•
AVOID lottery services that include an “eligibility test” but fail to mention
work requirements for those without a secondary school education.
•
AVOID lottery services that fail to provide a link to the U.S. Department
of State occupation page or list those occupations that require two years
of training or experience.
•
AVOID lottery services that do not provide you with a tracking number or
other means for you to obtain the status your unique entry.
•
AVOID lottery services that fail to notify you personally if you win, but
depend on the government to notify you.
•
AVOID paying lottery services in advance for more than two years, since
your personal information and the lottery rules can change from year to
year rendering the information you supplied obsolete.
•
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AVOID lottery services that do not warn you about sending in your
application close to the registration deadline.
These are general guidelines. Many web sites currently violate at least one of
these rules, but that does not mean they are so-called “scam” lottery sites. In the
following section we rank the green card lottery services we reviewed in June,
2005 for DV-2007.
Green Card Lottery Service
Web Site Reviews
In our latest review we examined 73 visa lottery service web sites and ranked
each by price (fees), information content, and service. We summarized all our
data in a final TOTAL. The top score a lottery service can earn is 10 points.
Site Redirection. If the site we examine redirects lottery applicants to another
URL, we removed the first site from consideration in our review. For example,
h1base.com redirects green card lottery applicants to dvlotterycenter.com. In this
case, since h1base redirects to another site we do not review them here. We
review only the final site with posted prices (dvlotterycenter). This site must also
be the site that confirms the registration and provides support for the lottery
entrant.
Related Sites. If the site has another URL with similar or identical information, we
list that site here, but mention that that the second site is a “duplicate of” or
“owned by” the first site. For example, usafis.org has cloned their site under the
following names: green-card-application.org, greencard.org, official-greencard.org, us-green-card-lottery.org, and usimmigrationvisaservice.com.
If you find a lottery service we missed with great service, low fees, and all the
information you need, please let us know! Conversely, if you've had a bad
experience, tell us. We hope by providing this information we can help clean up a
cottage industry that is becoming overcrowded and problematic.
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Lottery Service Classifications
We classified the green card lottery service web sites in this review as follows:
•
Immigration Law Firms (L)
•
Visa Sites (V)
•
Dedicated Green Card Lottery Sites (G)
Immigration Law Firms handle multiple immigration issues and provide green
card lottery assistance as an additional service but usually for a larger fee.
Although they may also process immigration forms, they tend to focus on
immigration case law. We generally review law firms if they display a “green card
lottery” link on their home page.
Visa Sites process immigration forms of all kinds, including student visas, H1-B
visas, green cards, and green card lottery applications. They often have
immigration attorneys available to help you (usually for a fee) and can be quite
useful to immigrants if they use the latest forms available at the CIS web site.
Dedicated Green Card Lottery Sites specialize in processing green card lottery
applications. If they provide other services and forms, we classify them as a Visa
Site.
All three types of sites can include immigration news and/or discussion panels.
Some also have links to job, travel, schools, books, and housing information that
could be of interest to immigrants. Our current opinion is that an established,
Green Card Lottery site with good service (including immigration attorney
contacts and a telephone number with live assistance) is the best choice,
assuming you need a service at all. This is because they are usually prepared to
handle the extra heavy application workload during the green card lottery open
registration period. Their sites are easier to navigate since they not cluttered with
visa information that you do not need. However, an Immigration Law Firm is
unlikely to be disreputable but the cost can be significantly higher. A Visa Site is
between the two extremes, but many charge for forms that are free at
government web sites. All three site types should have easy to find links to
immigration attorneys and the capability to track your application once you have
mailed (or e-mailed) it to them.
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The Winners!
If you just want to see our choices now, then read no further. The highest ranking
we gave based on our review criteria was AmericanDream.de and National Visa
Service. Both earned an identical 7 out of 10 possible points. Seven other sites
followed closely with a ranking of six. They are:
•
AmericanDream.de – (Rating = 7)
•
NationalVisaService.com – (Rating = 7)
•
VisaPro.com – (Rating = 6)
•
EasyVisaUSA – (Rating = 6)
•
GreencardLottery.us – (Rating = 6)
•
RapidImmigration.com (Rating = 6)
•
INSexperts.com – Rating = 6)
•
GreencardExperts.org – Rating = 6)
•
VisaLaw.com – (Rating = 6)
AmericanDream.de is a Visa Site based in Berlin but have an office in New York
to better serve customers in North and South America. For the third consecutive
year, they earned our highest rating at 7 out of 10 possible points. They charge
$55.00 per person for one year for mail in registrations in September (discounts
for early entries are available). As a member of Germany’s accredited
immigration consulting service they get a perfect 2 of 2 points for information.
AmericanDream accepts standard photographs, have immigration attorney
contacts, multi-language translations, and helpful links for winners. They also
own dvlottery.com and geencard.info.
NationalVisaService.com is a Visa Site that tied American Dream this year for a
first place ranking with an identical ranking of 7 out of 10 possible points. Located
in Santa Barbara, California, they have been in business since 1994 and boast
47
the largest number of winners (although these claims cannot be independently
verified). Owned by an immigration attorney, National Visa Service provides
State Department lottery information, track your entry, and have multiple full
translations, including Arabic. Unlike most lottery services they also provide a toll
free number. In addition, they include on their site a nice utility called “VisaQuik”
which finds other visas you may qualify for.
VisaPro.com is another general Visa Site that also offers services to diversity
visa entrants. Ranked at 6 out of 10 possible points, VisaPro stands out in two
major categories – price and legal consultations. Their fees of $29 per person for
one year, and $49 for 2 persons for one year are among the lowest we found for
this level of service. They also advertise immigration attorney contacts and
provide on-line legal consults for a flat fee of only $25 (when reviewed). With a
Washington DC address and area code, VisaPro runs a large and well done web
site.
EasyVisaUSA.com is a Green Card Lottery Site that moved up from Honorable
Mention to appear in our top listings with a similar ranking of 6 out of 10 possible
points. Their main attraction is a very large number of full translations (not just
their home page) and information for winners. We also liked the fact that they
encourage visitors and potential lottery applicants to ask questions about their
service. EasyVisaUSA charges $37.50 per person and $59 for 2 persons for one
year. Although they do not yet have immigration attorney contacts they seem to
be working on this omission. EasyVisaUSA is located in Tyler, Texas.
Greencardlottery.us is also ranked at 6 out of 10 points. We liked this site mainly
due to their low prices – $30 (including $5 extra for photo scanning) and $50 for
family based applications. Located in Beverly Hills, California and associated with
the Law Office of Jon B. Hultman, they get easy credit for attorney contacts.
Unfortunately, they require you to log in just to take their eligibility test. They also
use less desirable Babel Fish translations instead of natural translations. When
last reviewed, there were no visa lottery frequently asked questions (FAQs)
available, presumably because the State Department had not yet posted this
information for DV-2007, so they lost a critical point on information content.
RapidImmigration.com is another site that appeared in our top listings this year
for the first time with a rating of 6. As a Visa Site, they offer a variety of services
not associated with the lottery, including self help immigration kits. They offer
Spanish and Chinese translations, immigration attorney contacts, reasonable
48
prices ($38 for one person for one year; $72 for family applications), and have
excellent links for immigrants. Unfortunately, we did not like the fact that we had
to dig just to find their fees. With that exception, they have a particularly well
done web site. Rapid Immigration is located in Nampa, Idaho.
INSExperts.com moved up this year from Honorable Mention to appear in our top
listings with 6 total points of 10. Although they are a full service Visa Site, they
look more like a Dedicated Green Card Lottery site because they make lottery
access easy to find on their home page. They provide several translations of their
lottery registration instructions, but do not translate their entire site so they lose a
point here. INSExperts has an “Ask a Legal Question Anytime” service so they
receive easy credit for immigration attorney contacts. Unfortunately, we did not
like the fact that they require the user to fill out information before they provide
specific prices ($40 for one person for one year, $75 for dual applications).
Neither did they list occupational requirements for those without a secondary
school diploma when we last checked. INSExperts is associated with
greencardlottery.com and the law firm of Mark Carmel, and are based out of
Saratoga, California.
GreencardExperts.org is a Dedicated Green Card Lottery Site that also earned 6
points out of a possible 10. They do not have the lowest fees ($50 for one person
and $68 for dual (family) applications, but they do earn an extremely valuable
point for a toll free telephone number. GreencardExperts posts easy to find
prices, complete eligibility information, and have multiple full translations. The
only major issue we found with their site is a lack of immigration attorney
contacts for responding to questions. They are associated with a similar URL,
usa-green-card.com, and are located in Boston, MA.
VisaLaw.com, owned by the well known immigration law firm of Siskind & Susser
of Memphis, Tennessee, was also rated at 6. They appear on our top listings
again for the third year in a row. As a legal site, their prices are the highest we
reviewed ($100 for one person for one year) but they rank high in service due to
their toll free phone number and extensive immigration attorney contacts.
VisaLaw has excellent immigration related links and a chat service. VisaLaw.com
received the 2004-2005 Gold Internet Marketing Attorney Award from IMA, a
company that ranks immigration law sites.
Honorable Mention: usagcls.com (5 points).
49
Our Review Criteria
Below describes the information we used to track for each site. Categories are:
Fees (maximum 2 points), Information Content (maximum 2 points), and Service
(maximum 6 points). To earn a perfect score, a lottery service must have a rating
of 10 points.
Fees (Maximum 2 Points)
Under fee, we list published fees for two persons for (1) year, one person for (2)
years, and two persons for (2) years if available.) Two person entries are
sometimes called “family” applications. We DO NOT list prices beyond two (2)
years. Low prices are worth two points out of 10.
Some sites give discounts for entering early or for sending referrals. Other sites
publish different prices for online entries versus applications sent by mail. If two
prices are listed, we only list fees for applications sent by mail, reflecting our bias
toward sites that provide truly useful services.
If prices vary according to the entry date, we use the price listed for November or
the latest date the service accepts entries. We do not list discounted prices for
early entries.
For example, americandream.de lists three separate prices depending on the
date the entrant submits his or her entry. We only list their higher $55 price.
Fee Less Than or Equal to $40? A price of $40 or less for one person for one
year is worth one point for reasonable fees.
Fee Less Than or Equal to $20? A price of $20 or less is worth an additional 1
point for extremely low fees.
Information Content (Maximum 2 Points)
Information Content is worth 2 points out of 10. We look for the following:
50
Is Complete Eligibility Info Available? Many sites do not provide the minimal
State Department information freely available at www.travel.state.gov. If they do
provide this information, it is usually located in an “FAQ” (Frequently Asked
Questions) link located on their site. Alternatively, they should direct you to the
State Department web site. They must also list or provide a link to the U.S.
Department of State O*Net codes page listing the occupations requiring at least
two years training or experience to perform. A “yes” here is worth 1 point.
List Information for Lottery Winners? If the site provides advice for lottery winners
either via links, a booklet, or as a service, this makes the site much more useful.
After all, what good is it if you win the lottery, but fail to get your green card, or
can't get your family members into the United States? A "yes" is worth 1 point.
Very few sites include this additional information.
Of course, if you enter the lottery, you really need more information than the
standard information provided by the U.S. State Department. This includes what
to do if you are an illegal alien, how to assign alternate states of "chargeability",
when and when not to send in multiple entries, when to contact an immigration
attorney, more detailed rules for family members, and more. Providing this
information to you is the main purpose of our booklet.
Service (Maximum 6 Points)
Since we are rating green card lottery services, we believe this category should
be weighted most heavily at 6 points out of 10.
Accept Standard Photographs? Some sites only accept digital photographs. If the
site does not accept standard hardcopy photos we do not award a point.
Furthermore, sites should not require you to register just to get an answer to this
basic question.
Immigration Attorney Contact? The web site should have an immigration attorney
available to respond to your questions, for no charge or for a reasonable fee—
depending on the complexity of the question. We feel that appropriate legal
advice should be available if you need it. A "yes" is worth 1 point. If we are
uncertain whether the site has access to an attorney, we do not award a point.
51
Languages? Foreign language translations can be extremely useful for those
who do not read English well. We list up to three of those languages if they are
available. If the service has a minimum of three full translations we award 1 point.
Note that we do not award a point if only the home page or portion of the site is
translated. Typically, this is done merely to get the attention (and business) of
foreign language readers. The best sites translate the entire web site, including
the instructions for completing your green card lottery application. Some use
automatic translation software, such as Babel Fish, Systrans, or Google to
perform the translation. This much less effective than a natural human
translation.
List Telephone Number? A telephone number should be available if you are
doing business with a reputable lottery service. A "yes" is worth 1 point. If we
cannot easily find the phone number, we do not award a point. A toll-free
telephone number is worth 1 more point. Several even have a 24 x 7 toll free
hotline.
Site Design? We award 1 point if the site is well designed and the information
you need is easy to locate. Ideally, they also provide information or links for
immigrants, such as how to get a job or find an apartment in the United States.
Most sites receive a point here unless the site has an exceptionally poor
navigation, unreadable formatting in Internet Explorer, or have multiple
“annoying” popups. We do not (yet) test against other browsers such as Safari.
Penalty Points
We take away points if the site contains the more obvious "red flags” listed
earlier, reflecting our bias against potential lottery scam sites. This interpretation
can be subjective and significantly lower the site’s score, so we tend to err on the
side of the lottery service.
We encourage site owners to dispute our findings if incorrect and clear up any
issues. Sites cannot earn less than 0 points.
52
Red Flag Sites (2005)
Below is the list of those sites we reviewed for DV-2007 that have one or more
“red flags”. In most cases, these sites were penalized for listing obsolete lottery
instructions that are 2 years out of date. For example, if they fail to mention
Russia is a visa ineligible country they lose a point.
In our opinion, if owners make basic mistakes like this on their site, there is a
much higher risk they will not properly validate lottery applications. In our review,
we subtract one point from their total score if they violate the standards listed
earlier. Although these mistakes may be due to mere sloppiness, it may also
indicate negligence or that the service is inactive or understaffed.
Another reason we penalize a site with a red flag is if we receive more than one
complaint about their service. This was the case for usafis.org, a site that clones
itself under many additional URLs, including: green-card-application.org,
greencard.org,
official-green-card.org,
us-green-card-lottery.org,
and
usimmigrationvisaservice.com. Coincidentally, they also advertise the most
extensively of any web site offering green card lottery services. We would be
tempted to ignore complaints about usafis.org’s service if they earned higher
point totals. Unfortunately, they would be rated at only 3 out of 10 points if we did
not penalize usafis.org and their clone sites with a red-flag warning.
In the case of uslotteryregistration.com, we feel that their penalty point could be
due sloppiness since they otherwise earn a reasonably high point total.
Unfortunately, this red flag penalty point knocked uslotteryregistration.com from
being recommended as a Honorable Mention site.
Below is a list of the sites we penalized, the reason, and their final point total.
The majority of sites were already in the low end of total points:
•
Applygreencardlottery.com (EMA International, Sarasota, FL) – Obsolete
instructions from 2002.
•
American-green-card-center.com (US Green Card & Immigration
Services, Sarasota, FL) – Obsolete instructions from 2002. Total Points
(2). They may associated with EMA International.
•
53
Usafis.org (USAFIS Organization, New York, NY) – Complaints about
service. Total points (2). See also:
o
Green-card-application.org (USAFIS Organization, New York,
NY). Total points (2).
o
Greencard.org (USAFIS Organization, New York, NY). Total
points (2).
o
Official-green-card.org (USAFIS Organization, New York, NY).
Total points (2).
o
Us-green-card-lottery.org (USAFIS Organization, New York, NY).
Total points (2).
o
Usimmigrationvisaservice.com (USAFIS Organization, New
York, NY). Total points (2).
•
Usgclva.com (International Immigration Services (USGCLVA,
Amsterdam, The Netherlands) – Obsolete instructions from 2002. Total
points (0)
•
Usgreencard-immigration.org (U.S. Lottery Registration, U.S.
Immigration Affiliates, Los Angeles, CA) – Mimics official US government
site. Total points (1)
•
Uslotteryregistration.com (U.S. Lottery Registration “U.S. Immigration
Affiliates”, Los Angeles, CA) – Obsolete instructions include signature.
Total points (4).
•
Win-a-greencard.com (US Green Card Lottery Facilitators “USGCLF,
Inc.”, Los Angeles, CA) – Obsolete instructions from 2002. Total points
(1).
Red Flag Sites (2003-2004)
The sites listed below received one or more red flags during previous reviews.
The worst offender was U.S.A. Immigration Services (usais.org), also known as
54
United States of America Immigration Services. This site and their clone sites
were shut down and are no longer listed.
•
USAIS.org (U.S.A. Immigration Services)
•
AmericaGreencardCenter.com (U.S.A. Immigration Services)
•
GreencardUS.org (U.S.A. Immigration Services)
•
USAImmigrationService.org (U.S.A. Immigration Services)
•
GreencardCentre.com (United States of America Immigration Services)
•
USNIS.org (The United States Naturalization and Immigration Service)
Green Card Lottery Web Site Ratings
Below summarizes basic information we collected from each Immigration Law
Firm, Visa Site, or Dedicated Green Card Lottery Site that we included in our
June review for DV-2007. This data is sorted first by Total Points (web sites that
rank highest are listed first). Sites are sorted second by fee (web sites with
lowest fees are listed first).
55
Key
Type =
Fee =
G=
V=
L=
P=
I=
S=
Pe =
TOTAL =
G, V, or L
In USD (1 person one year)
Green Card Lottery Service Site
Visa Site
Immigration Law Firms
Price (worth 2 points)
Information (worth2 points)
Service (worth 6 points)
Penalty Points (a negative number)
P+I+S+PE
URL
Type Fees
Description
P
I
S Pe TOTAL
nationalvisaservice.com
americandream.de
visapro.com
greencardlottery.us
easyvisausa.com
rapidimmigration.com
insexperts.com
usa-green-card.com
greencardexperts.org
visalaw.com
usagcls.com
dvtool.com
green-card-lottery-usa.org
lotterygreencard.com
us-green-card-lottery.org
messersmith.com
green-card-lottery.org
uslotteryregistration.com
dvlotterycenter.com
usgcls.com
dreamofusa.com
usaza.com
1mmigration-lottery.com
usagc.org
usgreencardlottery.org
greencardlotterygroup.com
visapeople.com
visalottery.com
immigrationvisa.com
immigration-bureau.org
immigration-aux-usa.com
greencardpro.com
usgreencardoffice.com
greencardspecialists.com
usimmigrationservice.com
us-immigration.org
us-immigration.com
nationalvisaregistry.com
americangreencard.com
V
V
V
L
G
V
V
G
G
L
G
G
G
G
G
L
G
G
G
G
G
G
V
G
G
G
G
L
V
V
L
G
G
G
V
V
V
V
G
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
0
0
1
1
1
1
1
0
0
0
1
1
1
1
0
0
0
0
0
0
1
1
1
1
1
1
0
0
0
0
0
0
0
0
0
0
0
0
0
1
2
1
0
1
1
0
1
1
1
2
1
0
0
1
0
1
1
0
1
0
0
0
1
0
0
0
0
1
1
1
1
0
0
0
1
1
0
1
6
5
4
5
4
4
5
5
5
5
2
2
3
3
3
4
3
4
4
3
2
2
2
1
2
2
3
3
2
2
2
2
3
3
3
2
2
3
2
$50
$55
$29
$30
$37
$38
$40
$50
$50
$100
$39
$35
$39
$40
$49
$49
$49
$50
$50
$54
$25
$35
$35
$37
$40
$40
$45
$45
$45
$45
$45
$45
$49
$49
$50
$50
$50
$50
$50
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
-1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
7
7
6
6
6
6
6
6
6
6
5
4
4
4
4
4
4
4
4
4
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
URL
Type Fees
greencardprocessing.com
G
visaforyou.com
G
applygreencardlottery.com
G
american-green-card-center.comG
greencardservices.com
G
usafis.org
G
usgcp.com
G
win-a-greencard.com
G
usgreencard-immigration.org
G
infodomain.com
V
usgclva.com
G
$60
$39
$39
$39
$45
$49
$60
$40
$45
$50
$50
56
Description
P
I
S Pe TOTAL
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
1 person-1 yr
0
1
1
1
0
0
0
1
0
0
0
0
0
0
0
0
1
0
0
0
1
0
3
1
2
2
2
2
2
2
2
0
1
0
0
-1
-1
0
-1
0
-2
-1
0
-1
3
2
2
2
2
2
2
1
1
1
0
Other sites that we examined were not in included in the previous table because
they redirect to other sites. This group includes the following URLs:
americangreencardcenter.com
dotcomgreencard.com
dvlottery.com
dvtool.com
get-green-card.com
green-card-application.org
green-card-application.org
greencard.info
greencard.org
greencardlottery.com
greencardlotteryusa.us
greencardplus.com
h1base.com
official-green-card.org
us-gc.org
us-green-card-lottery.org
usimmigrationagency.org
usimmigrationsupport.org
usimmigrationvisaservice.com
uslawyer.com
visa-lottery.info
visalotteryregistration.org
Since we can update our web site more frequently than our booklet, we suggest
you check www.mygreencard.com for the latest lottery service reviews and
ratings.
Report
Each year we offer a comprehensive report, entitled, VISA LOTTERY SERVICE WEB
SITE REVIEWS. This study includes all the raw data not published on our site or
booklet, plus comments about each web site we review. We also provide
individual ratings for each review criteria, summary bar graphs, scatter plots, and
57
other information. This data can be useful to visa lottery site owners, web site
operators, immigration professionals, government employees, and international
student advisors. We present our data in a spreadsheet format together with an
20-page summary report. For more information, visit:
http://www.mygreencard.com/reviews.php
Disclaimer
This list of web sites we reviewed was generated during searches conducted in
June, 2005. We cannot be responsible for evaluating changes to sites that were
completed after our review. The information provided here should not be
construed as a recommendation for a particular site. Every effort is made to
make our reviews as accurate and complete as possible. However there may be
mistakes, both typographical and in content; and due to possible errors of
omission. In no event will the author, editor, publisher or affiliates, licensors,
distributors, or agents be liable to any person or entity for any loss or damage
caused, or alleged to have been caused, directly or indirectly by the information,
or inability to use the information contained herein, even if Creative Networks has
been advised of the possibility of such damages. We encourage webmasters,
site owners, and users to keep us updated with new information so we can keep
our readers better informed in future reviews..
Chapter 3
RESIDENTIAL REQUIREMENTS
Geographic Regions
The U.S. Department of State divides the world into six regions for immigration
purposes. Each region has a unique lottery mailing address. Under the diversity
visa program, the regions are divided into high and low admission regions. The
greatest numbers of visas go to regions with lower rates of immigration. Within
each region, there are visa eligible and visa-ineligible countries. No diversity
visas will be provided to citizens of countries sending more than 50,000
immigrants to the U.S. in the past five years. These concepts are discussed in
more detail later in this section.
The six regions are:
•
Region 1 - AFRICA – Includes all countries on the continent of Africa and
its adjacent islands.
•
Region 2 - ASIA – Includes the countries from Syria to the northern
Pacific Islands, including Indonesia.
•
Region 3 - EUROPE – Covers the area from Greenland to Turkey and
includes Russia and all of the countries of the former USSR.
•
Region 4 - NORTH AMERICA – Only includes the Bahamas.
•
Region 5 - OCEANIA – Includes all the countries and islands of the
South Pacific, including Australia, New Zealand, and Papua New
Guinea.
59
•
60
Region 6 - SOUTH AMERICA, CENTRAL AMERICA AND THE
CARIBBEAN, extends from the Countries and Islands of South America
to Chile, Central America to Guatemala and includes all the Caribbean
nations.
Eligible Countries
for Calendar Year 2004 (DV-2006)
For calendar year 2004 (DV-2006), if you were born in of any of the following
countries, you are eligible to enter the green card visa lottery. WITH VERY FEW
EXCEPTIONS, THESE SAME COUNTRIES ARE LIKELY TO BE ELIGIBLE IN
CALENDAR YEAR 2005 FOR DV-2007.
REGION 1 (Africa)
Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape
Verde, Central African Republic, Chad, Comoros, Congo, Congo-Democratic
Republic Of The, Cote D’ivoire (Ivory Coast), Djibouti, Egypt, Equatorial Guinea,
Eritrea, Ethiopia, Gabon, Gambia-The, Ghana, Guinea, Guinea-Bissau, Kenya,
Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius,
Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome and
Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, Sudan,
Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe
REGION 2 (Asia)
Afghanistan, Bahrain, Bangladesh, Bhutan, Brunei, Burma, Cambodia, East
Timor, Hong Kong Special Administrative Region, Indonesia, Iran, Iraq, Israel,
Japan, Jordan, Kuwait, Laos, Lebanon, Malaysia, Maldives, Mongolia, Nepal,
North Korea, Oman, Qatar, Saudi Arabia, Singapore, Sri Lanka, Syria, Taiwan,
Thailand, United Arab Emirates, Yemen
CHAPTER 3 RESIDENTIAL REQUIREMENTS
61
Note: the Hong Kong S.A.R and Taiwan do qualify and are listed above. Macau
S.A.R. also qualifies and is listed below.
REGION 3 (Europe)
Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia and
Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark (including
components and dependent areas overseas), Estonia, Finland, France (including
components and dependent areas overseas), Georgia, Germany, Greece,
Hungary, Iceland, Italy, Kazakhstan, Kyrgyzstan, Latvia, Liechtenstein, Lithuania,
Luxembourg, Macau Special Administrative Region, Macedonia, the Former
Yugoslav Republic, Malta, Moldova, Monaco, Netherlands (including components
and dependent areas overseas), Northern Ireland, Norway, Poland, Portugal
(including components and dependent areas overseas), Romania, San Marino,
Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden, Switzerland,
Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan, Vatican City
Note: for purposes of the diversity program, Northern Ireland is treated
separately; Northern Ireland does qualify and is listed among the qualifying
countries for Europe.
REGION 4 (North America)
Bahamas, The
REGION 5 (Oceania)
Australia (including components and dependent areas overseas), Fiji, Kiribati,
Marshall Islands, Micronesia, Federated States Of, Nauru, New Zealand
(including components and dependent Areas overseas), Palau, Papua New
Guinea, Solomon Islands, Tonga, Tuvalu, Vanuatu, Samoa
REGION 6 (South America)
Antigua and Barbuda, Argentina, Barbados, Belize, Bolivia, Brazil, Chile, Costa
Rica, Cuba, Dominica, Ecuador, Grenada, Guatemala, Guyana, Honduras,
62
Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint
Vincent and the Grenadines, Suriname, Trinidad and Tobago, Uruguay,
Venezuela.
Ineligible Countries
for Calendar Year 2004 (DV-2006)
If you were born in any of any of the following “high admission” countries, you are
ineligible to enter the DV-2006 green card visa lottery in calendar year 2004. Visa
ineligible countries for DV-2006 are: Canada, China (mainland born), Colombia,
Dominican Republic, El Salvador, Haiti, India Jamaica, Mexico, Pakistan,
Philippines, Russia, South Korea, United Kingdom (except Northern Ireland) and
its dependent territories: Anguilla, Bermuda, British Virgin Islands, Cayman
Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena, Turks and
Caicos Islands. Please note that Russia was added in 2003 to the list of visa
ineligible countries. WITH VERY FEW EXCEPTIONS, THESE SAME
COUNTRIES ARE LIKELY TO BE INELIGIBLE IN CALENDAR YEAR 2005
FOR DV-2007.
If you are a native of a visa ineligible country, see page 70, Rules of
“Chargeability” to see if you can be charged to a visa eligible country.
“Low Admission” and “High Admission”
Countries
About Low and High Admission
The greatest numbers of diversity visas are awarded to those areas where,
historically, the fewest people have immigrated to the United States within the
CHAPTER 3 RESIDENTIAL REQUIREMENTS
63
last 5 years. Conversely, no visas will be issued to any “high admission” country
such as China and Canada. The system helps even out the proportions of
immigrants from various parts of the world by giving more visas to persons from
lower-represented areas. Persons from lower-represented regions are given
higher priority to weigh the selection process in their favor. Although a computer
program chooses the winners randomly, it is based upon a formula used to
calculate “low admission” versus “high admission” regions.
Low admission countries are defined as those countries where less than 50,000
people have immigrated to the U.S. during the past five years. Section 203(c) of
the Immigration and Nationality Act of 1990 sets forth the procedures that the
U.S. Attorney General uses to determine which particular world region is a low
admission region or a high admission region. Currently, no single country may
receive more than 7% (3,500) of the 50,000 allotted visas.
Low Admission Example
If the U.S. had more immigrants from Europe and less from Africa in the past five
years, then more visa lottery applicants are selected from the African region than
the European region. Within one region, the greatest number of lottery winners
goes to the country with the greatest number of applicants.
TIP!! Remember: A “low admission” country is a country where high numbers
of applicants will be selected. A “high admission” country is ineligible for the visa
lottery. All other countries are visa qualifying (eligible) countries. If you are a
citizen of, or can be chargeable to a low admission country, you have a much
greater chance of winning.
For a list of lottery visas allocated by region for both DV-2004 and DV-2005, see
APPENDIX D. For a list of visas organized by country for DV-2005, see
APPENDIX E. APPENDIX F lists visas allocated by country for DV-2004.
Low Admission Countries for DV-2005
For calendar year 2003 (DV-2005), countries with high numbers of lottery
winners were (from highest to lowest):
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Bangladesh (7,404), Nigeria (6,735), Poland (6,211), Egypt (6,070), Ethiopia
(6,060), Morocco (5,298), Ukraine (4,494), Bulgaria (4,068), Ghana (3,974),
Kenya (3,618), Albania (3,380), Nepal (2,698), Togo (2,857), Romania (2,521),
Peru (2,514), Turkey (1,803), Uzbekistan (1,551), Cameroon (1,540), Algeria
(1,489), Germany (1,275), Zambia (1,118), Lithuania (1,114), Sudan (1,015), and
Armenia (1,004).
Chapter 4
PERSONAL REQUIREMENTS
General
To be eligible for the visa lottery, you must:
•
Be a native or “chargeable” to a qualifying (visa eligible) country AND
•
Have at least a 12 year course of elementary and secondary education
OR;
•
Have at least two years of training or experience within the last 5 years in
a skilled occupation or trade requiring at least two years of training or
experience to perform.
If you already live within the United States, you can also enter. However, you do
not have a higher priority than those registering from overseas. In most cases,
you must have legally entered the U.S. and maintained your status legal.
TIP!!
Section 245i and 245k of the Immigration and Nationality Act may allow
a person to adjust status on the U.S. even if there has been a status violation. If
you have had a status violation, you should contact an immigration attorney.
If your visa is about to expire, you should renew your visa to stay “in status” until
your final application is approved.
65
66
You Must Be Born In Or “Chargeable” To a Visa
Eligible Country
You must be born in or “chargeable” to a visa eligible country. As long as you or
your spouse were born in a qualifying country, then you can enter the green card
lottery. Your current country of citizenship is not considered.
The visa eligible and visa ineligible countries for DV-2006 are listed in Chapter 3.
For example, if you have citizenship in France (a qualifying visa eligible country)
but were born in Canada (a visa ineligible country), you are ineligible to apply for
the green card lottery. As far as the green card lottery is concerned, your country
of birth is your native country regardless of your current citizenship. The
requirements state that you have to be born in a qualifying country.
TIP!!
You can be “chargeable” to a qualifying country in certain instances. For
example, you can apply if either your spouse or at least one of your parents is
born in a visa qualifying country. These so-called “Rules of Chargeability” are
discussed in further detail in this chapter.
AND You Must Have a Secondary Education
You must have at least the equivalent of a twelve-year U.S. high school
education to apply for the visa lottery. You are not required to prove that you
have a high school education during your visa lottery registration. But you will
need to provide this evidence when you are called for your interview. You must
graduate by the visa lottery notification date. This is usually six months after the
close of the lottery.
If you are in your last year of secondary school education, you can register for
the lottery as a primary applicant. The following example illustrates the age
requirement.
If you register for the calendar year 2005 lottery and win, you will be notified by
June 30 of 2006. In this case, if you graduate between May and June of 2006,
CHAPTER 4 PERSONAL REQUIREMENTS
67
then you will graduate by the visa lottery notification date. Therefore, you would
qualify to enter the lottery in 2005.
If you have not successfully completed a secondary school education, then you
must have two years full-time work experience in your occupation in a field that
requires two years of training. Otherwise, your registration will be disqualified.
An American General Equivalence Degree (G.E.D.) or its foreign equivalent is
not accepted.
OR You Must Have Two Years Recent Work
Experience in a Specific Occupation
If you do not have a high school secondary school education or its equivalent,
this provision may apply. You may be able to substitute experience from a skilled
occupation for education. The following section explains this in more detail.
If You Do Not Have the Required Education
You need to show you have worked for at least two years in an occupation
requiring two years of training or experience in the last five years.
If you are unsure if your particular line of occupation or trade qualifies, see
APPENDIX C. This information is also available online at:
http://www.travel.state.gov/ONET.html
If your job is listed here, you qualify for the green card lottery based on your work
experience or vocation. Note: the U.S. Department of Labor’s Dictionary of
Occupational Titles is no longer used as the source for visa lottery occupations.
After you are notified by the State Department that you won the lottery and you
wish to qualify based on your work experience, bring proof of your qualifying
employment to the interview. This proof should be a letter from your employer on
company letterhead verifying: dates of employment, job title, salary, if
employment was full time, a brief job description, and the employer’s contact
information.
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Rules for Immediate Family Members
Dependents
Your spouse and unmarried children under the ages of 21 are also eligible to
receive immigrant visas along with you1. It does not matter whether your spouse
was born in a visa ineligible country. It also does not matter if your children or
your spouse’s children were born in a visa ineligible country.
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 even if you do not intend for them to immigrate under the DV program.
Include the photograph of each child.
The fact that you have listed family members on your entry does not mean that
they must later 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 lottery registration, you will be disqualified. (This only applies to
persons who were dependents at the time your lottery registration was submitted,
not those dependents born or legally adopted at a later date.) Remember, if you
do not list their names, your registration will later be disqualified.
Married Applicants
As mentioned earlier, your spouse should apply for the green card lottery
separately from you. This doubles your chances of winning the visa lottery. In this
case, your spouse should submit a second registration as a primary applicant.
You should be listed as the spouse.
If your spouse is the primary applicant, note that your spouse must be a
secondary high school graduate or qualify based on his or her occupation. As
1
Rules for immediate family members are defined in 8 U.S.C. Section 1153(d).
69
before, follow the rules for listing the names of dependent children. No more than
two registrations are allowed per married couple, per year.
Unmarried Applicants
If you are unmarried, you may only submit one registration. As before, follow the
rules for listing the names of dependent children.
Unmarried Minor Child
Unmarried children may be included with the principal applicant’s winning
application if the children are under 21 at the time the principal applicant registers
with the U.S. Embassy.
Unmarried children under the age of 21 may also apply separately from you (the
principle applicant) if the children meet the lottery qualifications.
For example, your unmarried child can apply on her own for the visa lottery in
2004 if she will graduate in June 2005. She can also be listed on your application
as a dependent.
If your unmarried secondary school graduate child wins the green card lottery as
a result of her separate registration, and you do not win, you can still eventually
enter the United States. In this case, your child must first become a U.S. citizen.
Then he or she can sponsor you for U.S. permanent residence. However, it
typically takes five to six years for a permanent resident to complete the steps
required to become a U.S. citizen.
Elderly Parent
If you have elderly parents who reside with you in your native country, do not list
them on your registration. You must submit a separate registration for them on
their own behalf. If they do not win the visa lottery and you do, they must stay
behind in your home country. If you wish to bring your elderly parents to the
United States, you must first become a U.S. citizen. Then you can sponsor your
parent for U.S. permanent residency. Again, this process takes five to six years.
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Death of the Principal Applicant
If you, the primary applicant, die before you apply for the Diversity Visa (or adjust
status), then your spouse will be the alternate principal visa applicant. He or she
may still apply for a Diversity Visa as a primary applicant.
Rules of “Chargeability”
Chargeability2 is the method used by the State Department to assign your visa
registration to a specific country. If you claim to be a native of a country where
you were not born, you must include this information in your visa lottery
registration. This method is formally called “alternative state chargeability”. It is
the only way that you can be considered a “native” of a visa eligible country if you
are born in a visa ineligible country.
According to U.S. State Department rules, “native” means: (1) born within the
territory of a foreign country (or dependent territory), or (2) “chargeable” to that
foreign country.
If you are born in a visa ineligible country, you can still enter the lottery if you
qualify according to one of the following rules:
TIP!!
You can be “chargeable” to a visa qualifying country in two cases: 1) If
you have a spouse from a visa eligible country; or 2) you were born in a country
in which neither parent was a native or resident at the time of your birth and at
least one parent is native to a visa eligible country. (This is explained in detail
next.)
2
Chargeability is defined in 8 U.S.C. Section 1152(b).
71
If Your Husband or Wife is Born in a Visa Eligible
Country
If you were born in a visa ineligible country, but your spouse was born in a visa
eligible country, you can apply for the lottery on a separate application if you
meet the education or work requirement. As discussed earlier, if both you and
your spouse enter the lottery you will double your chances of winning. Charge to
the country of your spouse.
This is only allowable if both you and your spouse are a married couple. It does
not apply if you are divorced from your spouse who is a native of the visa eligible
country. In addition, both you and your spouse are required to enter the U.S.
together on the Diversity Visa.
Chargeability Example #1
For example, if you were born in Mexico, a country ineligible for the visa lottery,
but your spouse is a native of Peru, a country that is lottery eligible, then your
country of eligibility can be Peru.
In this case, you would enter “No” to Question 10, “Are you claiming eligibility
based on your Birth Country? and indicate that the country of eligibility is “Peru”.
If a Parent Is Born In A Visa Eligible Country
If your parents were residing temporarily in your birth country and at least one
parent is a native of a visa eligible country, you can apply. If you are unsure
about their residence, then apply to the green card lottery anyway. You don’t
have anything to lose by trying! As always, you must meet the education or work
requirement. Claim eligibility to the visa eligible country of that parent.
Consider the case where your husband was born in China, you were born in
India, and your child was born in England. You and your family currently reside in
England. All three countries (China, India, and England) are ineligible for the
72
green card lottery. However, your husband was born in China when his parents
were there on a business trip. His parents were away from their native country of
France, a country that is eligible for the green card lottery.
Both you and your husband may each file lottery registrations and include your
child on each form. In this case, your husband can claim eligibility to his parent’s
country of France. You can claim eligibility due to your husband’s country of
France. Your child is listed as a dependent on each of your registrations.
In this case, your husband would enter “No” to Question 10, “Are you claiming
eligibility based on your Birth Country? and indicate that the country of eligibility
is “France”.
You would also enter “No” to Question 10, “Are you claiming eligibility based on
your Birth Country? and indicate that the country of eligibility is “France”.
If either registration wins the green card lottery, then all three persons may
immigrate to the United States.
Consider Rosa who was born in Italy. Her husband Ali was born in Egypt. Both
Egypt and Italy are eligible for the green card lottery. However, we know from
previous winning lottery numbers that the U.S. Department of State selected
6,070 persons from Egypt in 2003 for DV-2005. By contrast, only 202 persons
from Italy were chosen. In Rosa’s case, it would increase her chances of winning
if she were to charge her registration to the Egyptian draw, not Italy.
In this case, Rosa would enter “No” to Question 10, “Are you claiming eligibility
based on your Birth Country? and indicate that the country of eligibility is “Egypt”.
TIP!!
If you have a choice of entering from two visa eligible countries, claim
eligibility to the country with the highest numbers of visa winners. Those
countries are listed in APPENDIX E.
Page 63 shows that the U.S. State Department selected more than 1000 persons
each for DV-2005 who were natives of Bangladesh, Nigeria, Poland, Egypt,
73
Ethiopia, Morocco, Ukraine, Bulgaria, Ghana, Kenya, Albania, Nepal, Togo,
Romania, Peru, Turkey, Uzbekistan, Cameroon, Algeria, Germany, Zambia,
Lithuania, Sudan, and Armenia. Again, if you are in a cross-cultural marriage,
check APPENDIX E to see which country was allocated more visas. Then charge
to that country. This is an excellent method to use since it can increase your
chances of winning the green card lottery. Please note that it is possible for a
country to be awarded high numbers of diversity visas one year but be taken off
the list of qualifying countries the next year. For example, Russia was listed as a
visa ineligible country for DV-2005.
If You Are In the US Illegally
In general, the visa lottery is not intended for people who have overstayed the
limitations of their visas, or those who have entered the U.S. illegally.
Before 1996, aliens who fell out of status were still eligible for the diversity visa
program as long as they were natives of low admission countries. Back then, if
you were illegal, it did not matter, as you would be allowed to adjust status
regardless whether you were illegal or not! This is no longer true.
If you are in the U.S. illegally you can still apply for the lottery. However, the
problem arises if you win. Presently, any illegal alien who wins the lottery and
goes to the CIS to apply for adjustment of status may be taken into custody and
removed.
TIP!! If you win the lottery and are in the U.S. out of status, you might be still
be able to apply for adjustment of status in the U.S. Many individuals filed
immigrant petitions with the old Immigration and Naturalization Service or filed
Labor Certifications with the Department of Labor. If the filings occurred before
April 30, 2001, a lottery winner may be able to apply for adjustment of status in
the U.S. with the new CIS. In addition, children who were under 21 at the time
the application or petition was filed by the parent might be able to adjust status in
the U.S.
74
TIP!!
If your only status violation was illegal employment and the illegal
employment was less than 180 days, you may also qualify to adjust status.
Note that immigration laws are still undergoing changes as a result of the
September 11, 2001 terrorist attacks. Therefore, if you win the lottery, we advise
you to contact an immigration attorney before you take any action.
If You Are Out Of Status For More Than 180 Days
But Less Than One Year
If you apply, win the lottery, and discover that you are unable to adjust your
status in the U.S., you must return to your home country and apply for an
immigrant visa. At the consular interview, you will be asked to prove you have not
been out of status in the U.S. for more than 180 days.
TIP!! If you are an illegal alien and you win the lottery, and you are unable to
adjust status in the U.S., we advise that you return to your home country to apply
for an immigrant visa ONLY if you are willing to take the chance that you may be
barred from reentering the United States. If the consular officer determines that
you have been unlawfully present in the U.S. for 180 days or more, you will be
barred from returning to the U.S. for three years. In certain circumstances,
waivers (or forgiveness) of the bar are available and you should consult with an
immigration attorney to determine if you qualify. Since there is a 14-month time
limit after you receive your winning lottery notification letter to respond, your
lottery would expire before you could return to the U.S.
If You Are Out Of Status For More Than One Year
If you remained in the U.S. as an “overstay” for more than one year and you
leave the U.S., in most cases you will be barred from reentering the U.S. for a full
ten years. Your winning lottery number will expire and you will not be eligible to
get a green card under the diversity visa program. As discussed above, waivers
of the bar to reentry may be available.
75
At the present time, any illegal alien who wins the lottery and goes to CIS to
adjust status may be taken into custody and removed. Alternatively, it is very
risky for you to leave for your home in the U.S. to file for an immigrant visa
because it might not be possible for you to reenter the United States. If you apply
for the lottery and win, you should seek the advice of a highly qualified attorney
before you either leave the United States. to apply for the immigrant visa, or
apply to CIS to adjust status.
Should You Contact Your U.S. Congressman?
There have been extraordinary cases where, owing to humanitarian reasons,
otherwise removable persons have been given U.S. permanent residency. In
these rare cases, the immigrant successfully contacted his or her state
congressman for intervention. This is possible because the U.S. constitution
confers rights on “persons” (not just citizens) within the jurisdiction of the United
States. Aliens have fourth amendment protection as well as due process rights.
As long as aliens are residing within the borders of the United States, congress
may (rarely) exercise their authority over certain immigration cases. You might
consider this possibility if you are under removal proceedings or when there are
no other options available with CIS. Note that this option requires that the
congressman sponsor a private bill on the alien’s behalf. Typically, only one or
two of these private bills pass each year in Congress.
Chapter 5
LOTTERY WINNERS ONLY
Winning Doesn’t Mean You’ll Get a Green
Card
Apply for Your Green Card Now!
Congratulations! If you have reached this stage, you received notification from
the Kentucky Consular Center that you have won.
See APPENDIX B for a copy of a sample winning notification letter for the
DV-2001 diversity visa lottery.
As soon as receive your notification letter, immediately apply for a green card
through either:
•
The U.S. Consulate or U.S. embassy in your home country (known as an
application for an immigrant visa), OR
•
Your local CIS office in the U.S. (known as an application for adjustment
of status)
This application is your official request to obtain permanent residency in the
United States. You must file it on behalf of your immediate family who will be
accompanying you to the U.S. As mentioned earlier, green cards are available on
a first come, first serve basis. Only the first 50,000 of the 100,000 persons that
receive winning notices can receive visas. Therefore, you must file either your
immigrant visa or adjustment of status as soon as possible.
77
78
Use an Immigration Attorney
The forms and procedures required if you win the green card lottery are more
detailed than simply registering for the lottery. We now recommend that you
consult with a licensed attorney as soon as you receive your winning letter. For
example, there have been unfortunate cases where international students
dropped out of school after they won the lottery. Since they became “out of
status” when they dropped out they became ineligible for a green card.
Important Dates
If you enter the lottery in 2005, winners will be notified by mail no later than July
1, 2006. Diversity visas will be issued to these 50,000 winners between October
1, 2006 and September 30, 2007. This corresponds to the beginning and end,
respectively, of the U.S. government’s 2007 fiscal year.
CHAPTER 5 LOTTERY WINNERS ONLY
Important Deadlines
79
DV-2005
Dates
DV-2006
Dates
DV-2007
Dates
First day to file registration
November 1,
2003
November 5,
2004
November 4,
2005
Last day to file registration
December
30, 2003
January 7,
2005
January 6,
2007
Last month winners should
receive mailed winning
notifications
July, 2004
July, 2005
July, 2006
Date interviews begin at U.S.
Consulates and Embassies
October 1,
2004
October 1,
2005
October 1,
2006
Last day to receive the
permanent resident visa
September
30, 2005
September
30, 2006
September
30, 2007
Final day to enter the U.S. (six
months after receipt of visa)
March 30,
2006
March 30,
2007
March 30,
2008
Again, act promptly if your name is drawn! Those of you who successfully pass
your visa immigration interview at the U.S. embassy will have six months from
the date your visa is issued to enter the United States. If you fail to arrive in the
U.S. within six months you will lose your permanent resident visa.
If You Have Not Been Notified Then You Did Not
Win!
If you were not notified in writing that you won, then your registration was not
chosen and you have not won the green card lottery. You should register for the
next visa lottery to be considered again. Remember, you must register again
each year you wish to apply. Neither the U.S. embassies abroad nor the
Kentucky Consular Center can provide you with a list of visa lottery winners.
80
If You Win and You Live Outside the U.S.
Again, only winning applicants are notified by The U.S. Department of State. You
will be advised that your selection does not guarantee you will receive an
immigrant visa because the numbers of applicants selected are greater than the
number of visas available. Therefore, as we mentioned earlier, apply for your
immigrant visa immediately.
If You Win and You Live Inside the U.S.
If you are already living inside the U.S., you may be able to file for adjustment of
status with CIS. In most cases, you will need to be in lawful immigration status.
Try and keep your non-immigrant visa current. You also have the option to apply
for an immigrant visa abroad.
If you are living in the U.S. unlawfully or illegally and you win, immediately
consult an immigration attorney. Please refer to Chapter 4, page 73, before you
apply for a green card or depart the U.S.
TIP!!
You have a higher probability of winning a green card if your application
is processed faster. In many cities in the U.S., CIS is having difficulty processing
applications in a timely manner. Therefore, contact a local immigration attorney
and see if the local CIS office has an “expedite” program for lottery winners. If
not, you may want to file for an immigrant visa overseas as the U.S. Embassy
may process the application faster than the local CIS office. Of course, you can
only do this if you can leave the U.S. for a few months.
TIP!!
If you are eligible to adjust your status in the U.S. and your required
documents are overseas, immediately ask a family member or close friend to fax
your required documents to you and mail you the originals or certified copies.
Mail the faxed copies of your documents with your forms while you wait for your
originals (or certified copies) to arrive by mail. Make sure your family member or
close friend also keeps copies of your documents before mailing the originals to
81
you in the United States. Then, he or she should send you the originals (or
certified copies) by certified or special mailing to ensure that you receive them.
You will need these documents later for your interview.
Apply for an Immigrant Visa at a U.S.
Embassy or Consulate
This section applies to lottery winners living outside the U.S., or those living
inside the U.S. and prefer to apply for an immigrant visa at the U.S. Embassy. If
you are physically present in the U.S. and wish to apply for adjustment of status,
see the section entitled, Adjusting Status on page 95.
The State Department site below contains an alphabetic listing of each U.S.
embassy and consulate abroad, including key consular officers, address, and
telephone and fax numbers:
http://www.foia.state.gov/MMS/KOH/keyofficers.asp
U.S. Embassy or U.S. Consulate web site listings are available at the State
Department link:
http://usembassy.state.gov
Packet 3
The U.S. Department of State Kentucky Consular Center will send your winning
notification letter and a detailed information packet called Packet 3. The
notification letter includes your name, lottery rank order, and country of
chargeability. Packet 3 contains the forms described in the following sections and
describes how to complete the green card application process.
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Your Case Number
You will have a case number reflecting the lottery rank of your application. Your
case number appears in the bottom left hand corner of your notification letter
above your name. Write this number in black ink in the upper right hand corner of
each form or document that you (or your attorney) turn in.
Forms
Packet 3 includes Form DS-230 Part I. This form requests personal biographical
information—including every address you have lived for more than six months
since the age of 16. This allows the Consulate to conduct a routine security
clearance required of all visa applicants. The clearance takes two to three
months to process. Complete form DS-230 Part I for yourself and each family
member that will accompany you. Return these forms to the address provided in
Packet 3, along with photocopies of other required documents. These documents
include your secondary school diploma or proof that you have two years work
experience in an occupation requiring two years of training.
See Chapter 1, page 67 and APPENDIX C for further details on the U.S.
Department of Labor requirements.
Packet 3 also contains guidelines for providing financial information and a visa
checklist (DS-169). DS-169 is used to obtain a visa number from the Visa Office
in Washington, D.C. You will need a visa number to enter the U.S.
After you have obtained all of your required documents, sign and mail forms DS230 Part I and form DS-169 to the Consulate. Return these forms and copies of
the required documents as quickly as possible. If you delay, this will jeopardize
your ability to receive a green card. You will not be able to obtain an appointment
for an official interview until form DS-169 is signed and received by the
Consulate.
Do Not Send Original Documents
Do not mail original documents; only send copies. You will need the original
documents or certified copies during your interview. After you send in the
83
required forms in Packet 3, you must wait until you receive an interview
appointment letter. The appointment letter includes another set of forms called
Packet 4.
Packet 4
The U.S. Consulate in your home country will send Packet 4 to you when they
are ready to interview you and process your application. Packet 4 contains your
interview appointment letter, form DS-230 Part II, and instructions for obtaining a
medical exam. All other forms and original documents or certified copies must be
brought with you to your appointment. Do not mail documents to the Consulate.
Do not appear at your interview with incomplete forms or with copies of original
documents, except certified copies.
Note: you may now request a U.S. Social Security Card as part of the
immigration process.
TIP!!
Attending the interview with an incomplete application can at best delay
the process. The reason for such strict compliance is because of a high
incidence of document fraud in some countries. Therefore, provide original
required documents (or certified copies) during your interview.
Fees
Be prepared to pay all three fees listed below when you submit your applications.
•
Immigrant Visa Application fee of $335 USD per person
•
Immigrant Diversity Visa Issuance fee of $65 USD
•
Diversity Visa Processing fee of $100 USD
Note that these fees can change each year.
84
Required Documents
The documents listed in this section are required whether you are applying for an
immigrant visa from outside the U.S., or living inside the U.S. and adjusting your
status.
Proof of Education
If your education qualifies you for entry into U.S., you will be asked to provide
your original secondary school diploma (or certified copy), or proof that you
successfully completed a 12 year course of study as defined in the U.S.
If you don’t have the required education, you must supply proof of your
vocational education; or you must prove that your job or occupation obtained
within the past 5 years required two years of training. See Chapter 1, page 67
and APPENDIX C for details.
TIP!!
If you earned your secondary school diploma outside of the U.S., you
may want to have your credentials evaluated by an approved credential evaluator
prior to the immigrant visa interview. The evaluation will be proof that your
diploma is equal to a similar diploma earned in the U.S.
When your packet of visa application papers arrives in the mail, you must include
a copy of your diploma or certificate. Bring the original documentation or certified
copy to the interview. You must show the Consul that you have the equivalent of
a U.S. high school (grade 12) secondary graduation.
Birth Certificates
You need to supply an original or certified copy of birth certificates for yourself,
your spouse, and all unmarried children under 21, even if they are not
immigrating with you to the U.S. Compare this list of dependents birth certificates
with the list of dependents provided on government forms to confirm they match.
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If you cannot provide some birth certificates, then school or religious records may
be used, or sworn affidavits. If your birth certificates are unavailable, you should
obtain a written statement from the civil authorities in your country to confirm the
birth certificates are not available. Keep track of all documentation used in your
efforts to locate missing birth certificates.
Marriage Certificate
You will also need an original or certified copy of your marriage certificate if you
are married. If you have ever been divorced or widowed, you will need proof of
termination of your previous marriage or marriages. For instance, you will need to
provide a divorce certificate, an annulment document, or a death certificate
depending on your specific case.
Vaccination Certificates
You will also be required to provide vaccination certificates for your spouse and
children who are immigrating with you. Proof of vaccination against the following
diseases is required: diphtheria, hepatitis B, influenza B, measles, mumps,
pertussis, polio, rubella and tetanus. If you are unable to get vaccinated because
of a medical condition or pregnancy, you may request a waiver at the time of the
medical examination.
Passport
You will be asked to provide passports for you and any family members who will
immigrate with you to the U.S. It must be valid for at least six months beyond the
date of your visa issuance.
For example, if you receive your visa on the very first day visas can be issued for
DV-2006 (October 1, 2005) then your passport must be valid until April 1, 2006.
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TIP!!
We recommend that you validate your passport well beyond this sixmonth minimum requirement in the event you need to leave the U.S. for any
reason after you receive your green card. When you receive your green card,
you are still required to use your home country passport to travel in and out of the
U.S. Since you are ineligible to apply for U.S. citizenship until you have held your
green card for 5 years, you cannot get a U.S. passport until you have
successfully obtained U.S. citizenship.
Photographs
You will be asked to provide photographs in a very specific format. You will need
at least two photographs, although some Consulates require three or more. Not
complying with this requirement can interfere with your entire application
process.
Past Addresses
Question 21 on form DS-230 Part I will request every address you have lived for
more than six months since the age of 16.
TIP!!
Compare your answer to question 21 of form DS-230 to the entry and
exit stamps in your passport before you turn in this form. The examining officer
will look very closely at this.
Question 23 of form DS-230 requests the dates of all trips you have taken to the
U.S. List every single trip, even if you have to attach a separate piece of paper.
Failure to answer these questions honestly and completely may be cause your
visa to be denied.
Police Clearance Certificates
You must provide a police clearance certificate from your home country and from
each country where you have lived for at least one year since the age of sixteen.
It is your responsibility to obtain police certificates. Everyone in your household
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who is accompanying you who is 16 or older must also supply a police clearance
certificate.
If you have ever lived in the U.S., you do not need to obtain a police certificate
from the U.S.
Contacting Foreign Consulates in the U.S.
If you are currently living in the U.S., and you need to obtain a police certificate
from a foreign country, contact the nearest consulate representing your country
to obtain instructions on how to proceed.
The State Department links below contain the official listings of foreign
consulates in the U.S., including addresses, telephone numbers, and names of
consular officers:
http://www.state.gov/s/cpr/rls/fco/21208.htm
http://www.state.gov/s/cpr/rls/fco/c9299.htm
Countries That Do Not Supply Police Certificates
Many countries do not supply police certificates. In this case, you will not be
required to obtain them. Countries that do not supply police certificates are listed
below:
Afghanistan, Angola, Azerbaijan, Bangladesh, Bulgaria, Cambodia, Bulgaria,
Cambodia, Chad, Columbia, Costa Rica, Equatorial Guinea, Ghana, Guatemala,
Haiti, Honduras, Indonesia, Iran, Iraq, Jordan, Kazakhstan, Laos, Liberia, Libya,
Malaysia, Mexico, Thailand, Turkey, USA, Venezuela, Vietnam.
Other countries, such as The Netherlands, will only send police certificates
directly to the U.S. Consulate. In this case, you will not be permitted to review
them first.
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Police Clearance Certificate Example
If you have lived anywhere in the world after age 16 for one year or more, you
are required to produce a police certificate from that country in addition to your
current country of residence. The following illustrates this requirement.
For example, consider a hypothetical case of Miguel from Spain. He won the
green card lottery at 21 years of age. He lived as a foreign exchange student in
Venezuela for one year during secondary school. He also visited Disneyland in
California when he was 19, and remained in LA for three months. At age 20, he
lived with a group of friends in Great Britain for seven months. Miguel would not
be required to obtain a police certificate from Venezuela since they do not
provide one. He is not required to obtain a certificate from Great Britain because
he did not reside in Great Britain the minimum one year. Therefore, he would
only be required to obtain a police certificate from his home country of Spain.
Arrest Records
If you have ever been convicted of any crime for any reason, you must supply a
certified copy of your criminal record. If you have ever served time in prison or
any correctional institution, you must supply this record. If your offense was
pardoned or amnesty was provided, you must still provide the record of your
offense. It does not matter when the offense occurred, you must provide the
documentation.
Military Service Records
If you have ever served in the military you must provide an official record of your
military service. If any member of your family who is emigrating with you has ever
served in the military, their record will also be required.
Evidence of Financial Support and Form I-1344
You must provide evidence of financial support to demonstrate your ability to
support yourself once you obtain a green card. You must also show the source of
financial support for all of your accompanying family members. If the Consulate
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believes you cannot support yourself in the U.S. he will not issue you an
immigrant visa.
You can show the Consulate a job offer from a U.S. employer, or you may submit
personal financial documents showing you have enough savings to support
yourself. If you do not have this, have a friend or relative fill out Form I-134,
Affidavit of Support. Form I-134 shows that someone is willing to take financial
responsibility for you. There is no fee to file a Form I-134.
TIP!!
If you are not financially independent or do not have a job offer in the
U.S., Form I-134 may be signed by a relative or friend who is a U.S. permanent
resident or citizen. In many cases, the Consulate will accept the form if it is
signed by a financially stable friend or distant family member who is a not a U.S.
citizen.
Form I-134 does not imply that the person signing will support you. However, it
legally binds the person signing to repay all funds that the U.S. government
spends on you if you need to go on programs such as welfare. The signature
binds that person to pay for three years from the date of signing. You should file
an I-134 for your accompanying immediate family members. This shows this
person will be taking financial responsibility for you.
If You Cannot Obtain All the Required Documents
Certain documents in your file may be unobtainable. If so, you must show the
officer that you made every effort to locate them. If you cannot obtain certain
documents, then the interviewing officer may allow you to substitute these
unobtainable documents with other evidence. This “other evidence” may be
copies of letters to your government or letters to relatives requesting the missing
documents. You must satisfy the interviewing officer that the document(s) in
question were unobtainable and you made an effort to obtain them. You must
support your claim that these documents were unobtainable with a letter from a
government agency or other official.
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Document Translations
The U.S. Consulate will accept non-translated documents in the language of the
country in which the Consulate is located.
However, if you are applying to a CIS office in the U.S., then all foreign language
documents must be translated in English.
Your Interview with the U.S. Consulate
Your appointment letter will list the date and time of your interview. The letter will
be provided in Packet 4. Bring this letter with you on the date of the interview or
you may not be able to get past security, as most U.S. Consulates require that
you show this letter to enter the building.
Prepare for Your Interview
Your interview with the consular officer is required to determine if you are eligible
to enter the U.S. The information you provided on form DS-230 Part I and DS230 Part II will be reviewed. You will be asked questions to confirm you are not
“inadmissible” to enter the U.S. If you are found to be inadmissible, it means that
you cannot enter the U.S.; however, you may be able to apply for a “waiver”. If
the waiver is granted, you will be allowed to enter the U.S. Therefore, review this
information carefully before the interview so you are prepared to answer these
questions.
If the Visa Officer has any reason to believe you are dishonest, he or she alone
may reject your application and your case will not be subject to judicial review.
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TIP!!
When applying for an immigrant visa, the application forms ask
questions designed to determine if there are any grounds of inadmissibility
against you. If it is clear that the questions show that you may be inadmissible,
you should begin to prepare your waiver application now so that it will be
complete at the time of your visa interview. You must be interviewed before they
find you inadmissible. Since waivers take months to process, this will delay your
ability to get a green card.
As always, if you have special circumstances, consult with an immigration
attorney prior to your appointment.
Medical Examination
Everyone immigrating with you to the U.S. is required to take a general medical
examination. Your exam will usually fall the day before or the day of your
interview. Instructions for your medical exam will arrive in Packet 4. Private
physicians associated with the U.S. Consulate conduct medical examinations.
You will be required to pay fees.
The medical exam consists of a general physical exam, which includes a chest xray, blood test and HIV antibody testing. The HIV antibody test consists of a
blood test, and the doctor or the nurse will draw a small blood sample from
everybody in your family who is immigrating to the U.S. with you.
You will also be asked to provide proof your vaccinations are current.
Determining whether you and your family have received required immunizations
is left up to the physician. The physician is required to comply with U.S.
Department of Health and Human Services requirements.
The physicians who conduct medical exams are required to verify that you have
received the vaccinations listed here. They are: mumps, measles, rubella, polio,
tetanus and diphtheria toxoids, pertussis, influenzae type b, hepatitis B, varicella,
pheumococcal, and influenza. To avoid delays, have your vaccination records
available for your medical examination. If you do not have a vaccination record,
your examining physician will work with you to determine which vaccinations you
or your family member may need.
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You may ask for a vaccination waiver in the event that you are pregnant or you
do not want to take a certain vaccination.
What to Expect
On the day of your interview, go to the U.S. Consulate to meet with a consular
official. Bring all of your accompanying family members. Arrive at the Consulate
at the time noted on the Packet 4 cover letter. When you get inside the building,
provide your name and case number. Then hand this information to one of the
officials at the designated counter. You will pay your fees at this time and then
you will be asked to wait until your name is called for your interview.
Approval
If your paperwork is in order and your interview goes smoothly, you will receive
an immigrant visa and other information. Your immigrant visa allows you to enter
the U.S. as a permanent resident.
Please note that you must enter the U.S. within six months of receiving your visa.
If you do not enter the U.S. within six months, you will lose your immigrant visa
number.
Green cards are never issued at U.S. Consulates. They will be mailed to you at
an address you provide in U.S.
Include “Care of” on Your Return Address
Your official green card will arrive in the mail at the address you provide. Supply
the words “care of” or abbreviate “C/O” before the name of the addressee where
your green card is to be delivered. Write your name as shown below:
Your name
C/O Mr. Johnson
111 Anystreet
Anytown, USA 55555
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Consular Denials
Under the 1996 Immigration Act, the Department of State has unlimited authority
to determine the procedures for processing of immigrant visa applications.
The Consulate will deny your immigrant visa application if they suspect fraud or
misrepresentation, or if you are ineligible or inadmissible. Another common
reason for denial is missing required documents. If you fail to apply for your visa
within one year of scheduling your final interview, your visa will be denied. The
following paragraphs discuss these issues in more detail.
Poor Preparation
The most common problem leading to rejected applications is a “poorly prepared”
immigrant visa package. Packets containing errors, missing required paperwork,
substandard photographs, or incomplete final addresses are causes for rejection.
Missing “Care of” Designation
Each year, the U.S. Post Office returns thousands of green cards if they are
undeliverable. If you forget to specify “care of” a person at your forthcoming U.S.
address, the U.S. Post Office will return your green card to the United States
Citizenship & Immigration Services as “undeliverable”. The CIS will keep your
green card until you contact them.
New Regulations
Updated regulations are a constant source of problems. This is why it is
important to keep current with the latest information available in this booklet and
other locations provided here.
Poor Quality Photographs
Packet 3 gives specific information on photograph requirements. You must
submit two color photos. Each photo must have either a white or light-colored
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background with your name on the reverse side of the photo. One photograph is
for the visa and other is used to process the green card Form I-551.
Typical problems include: wrong picture size, poor picture clarity, lack of color,
and an improper angle (you should be facing the camera). Black and white
photos are acceptable only in countries where color photos are not available. If
this is the case, you must be re-photographed when you arrive in the U.S.
Letter of Denial
You may or may not receive a written notice if your visa application is denied. If
you do receive a denial letter, it may or may not include the reason. When a
reason for the denial is provided, consulates do not always provide a very
thorough explanation.
You need to determine whether the grounds of refusal can be reversed. For
example, if the reason is missing documentation, you can just supply the missing
documents.
Try to Get an Explanation from the Consulate
Unfortunately, there is no formal method of appeal. You can just reapply. We
suggest you make an appointment at the Consulate to find the reason for the
denial. Alternatively, you could seek help from a U.S. lawyer who might be able
to advise you.
Apply for a Waiver of Inadmissibility with Form I601
Refer to Top Reasons For “Inadmissibility” on page 102 for list of the major
categories of denial.
If you are found inadmissible, then apply for a waiver. A waiver is a formal
request to the State Department to allow you to receive an immigrant visa
anyway even though you may be inadmissible. By getting a waiver, you are not
disproving their finding against you, but are formally requesting “forgiveness.”
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The required application is Form I-601. There is a filing fee of $250 USD. You
may not file for a waiver of inadmissibility until after your Consular interview and
a formal finding of inadmissibility is made.
For example, you (or your attorney) should apply for a medical waiver if you are
under treatment or have been cured of a communicable disease. Medical
waivers can also be granted for humanitarian reasons, to assure family unity, or
when a waiver is in the “public interest.”
If Your Waiver is Denied
If your application for a waiver is denied, the State Department Visa Service
offers an informal review procedure available through the mail. The function of
this agency is to look at the facts in your case and decide whether the Consulate
was correct. However, the Consulate may ignore the advice of the State
Department, allowing the original decision to stand. There are no other
opportunities for further appeals. The appeals process is limited because the
immigrant cases regarding Consulates fall under another branch of the United
States government.
The Visa Service can be reached at the following address:
Department of State Visa Service
2401 E. Street NW
Washington, DC 20522
Hrs: 8:30-5:00 PM EST M-F
Ph: 202-663-1225
Adjusting Status
This section applies to lottery winners presently living inside the U.S. Applicants
who are physically present within the borders of the U.S. may file for a green
card without leaving the U.S. Alternatively, you can return to your home country
and apply for an immigrant visa with the U.S. Consulate.
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If you are notified by the Kentucky Consular Center that your registration has
been chosen, and you wish to file adjustment of status in the U.S., then
according to the most recent information you may apply for adjustment of status,
a work permit, and a travel permit at your local CIS office. Be sure to identify your
adjustment of status application as a “Lottery Winner.” This option is discussed in
more detail in this section. Once you file to adjust status, you must pay the
diversity-processing fee to the Department of State. Detailed information on
payment of the fee will be included in Packet 3.
Packet 3
The U.S. Department of State Kentucky Consular Center will send your winning
notification letter and a detailed information packet called Packet 3. The
notification letter includes your name, lottery rank order, and country of
chargeability. Packet 3 contains the forms described in the following sections and
describes how to complete the application process. If you do not wish to file for
adjustment of status in the U.S., follow the instructions in Packet 3.
Your Case Number
You have a case number reflecting the lottery rank of your application. Your case
number appears in the bottom left hand corner of your notification letter above
your name. Write this number in black ink in the upper right hand corner of each
form or document that you (or your attorney) turn in.
Eligibility
In most cases, to be eligible to adjust status in the U.S. to that of a U.S.
permanent resident, you must have entered legally, you must have never worked
illegally, and the date on your I-94 card must not have expired. (Form I-94 is an
arrival and departure record that was issued to you when you entered the U.S.)
As discussed earlier, you may still be able to adjust your status if:
•
You had an immigrant petition on file with the CIS prior to April 30, 2001
or,
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•
You had an application for Labor Certification on file with the Department
of Labor prior to April 30, 2001 or,
•
You were a child who was under the age of 21 at the time the above
application or petition was filed by the parent, or
•
Your only status violation was illegal employment and the illegal
employment was less than 180 days.
You may then be able to file form I-485, application to adjust status for
permanent residence. The term “adjustment of status” is only used in filings for
green cards within the borders of the U.S.
If You Have Remained Longer Than Your
Authorized Period of Stay
If you have stayed in the U.S. 180 days past the expiration date on your I-94
card, and you leave, you will be barred from reentering the U.S. for 36 months. If
you have stayed in the U.S. for more than a year past the expiration date on your
I-94 card and you leave the U.S., you will be barred for 10 years. In either case, a
bar on reentering the U.S. causes your winning lottery number to expire. As
discussed earlier in this chapter, waivers of these bars may be available.
You Can File with CIS or at the U.S Consulate in
Your Home Country
If you frequently travel between your home country and the U.S. you can choose
where to file for permanent resident status. Getting your application in very early
is the key to winning, since unnecessary delays in the final application process
can cause you to lose your place.
As mentioned earlier, to speed processing and increase your chances of winning,
you can return home and apply for an immigrant visa at the U.S. Consulate
office. This has been known to increase the processing rate. We suggest you
contact your local immigration attorney and discuss this option with him or her.
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If You Have An Address Change
To contact the Kentucky Consular Center if you have an address change, or
have other questions, write to:
Department of State
Kentucky Consular Center
3505 N. Highway 25 West
Williamsburg, Kentucky 40769 USA
On the subject line, type the phrase: “Case Number”. In the message text,
include your complete case number from the Notification Letter, and your
complete Name and Date of Birth. You can also reach the Kentucky Consular
Center via e-mail at: [email protected], or at the phone number below from 07:30
AM to 3:50 PM Monday–Friday, Eastern Standard Time. However, they are
difficult to reach during the lottery registration period.
606-526-7500
Required Documents
Lottery winners currently living inside the U.S. need to file most of the same
documents as winners who are living outside the U.S. These include vaccination
documentation, marriage and divorce certificates, birth certificates, high school
diploma, etc. See Required Documents beginning on page 84 for specific
information.
The other documents that only those presently living in the U.S. are required to
file are:
•
Form I-485
Application to Adjust Status
•
Form I-94
Arrival and Departure
•
Form I-131
Application for Advance Parole
•
Form I-765
Employment Authorization
•
Form G-325
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Biographic Information
You must also submit your medical examination at the time of filing. The CIS web
site contains a list of approved doctors.
Mail Documents or Submit Them In Person
You may either mail in your documentation or submit them in person at your local
CIS office. We suggest you check the filing procedures at your local office.
TIP!!
We suggest you file your paperwork in person, if possible since your
papers will be processed faster. Keep your receipt. However, we expect that all
applications will eventually be filed by mail since this procedure is undergoing
changes at the CIS.
After you have submitted your documents to CIS, you must not leave the U.S. if
you have accrued more than 180 days of unlawful presence. If you have been
maintaining valid immigration status, then you can file for Advance Parole on
Form I-131 If you leave the U.S. without obtaining Advance Parole, the CIS will
terminate your adjustment of status application.
Form I-485 and Form I-94
Each person in your household wishing to receive a green card must file an
adjustment of status application (Form I-485) with supporting documentation.
You will also be asked to submit your I-94 arrival and departure card to show that
you have entered the U.S. legally and have not remained beyond the period of
authorized stay.
Note, if you do not have your I-94, the CIS may conclude that you have either
entered the U.S. illegally or you have stayed past the expiration date on your
visa. In this case, you may be subject to a fine or you may be ineligible to adjust
status unless you can prove that your stay and entrance into the U.S. was legal.
You can file an application for a duplicate I-94 card using Form I-102.
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Fees
Citizenship and Immigration Services requires filing fees in the following
amounts:
•
Adjustment of Status (Form I-485) fee of $315
•
Fingerprint fee of $70
•
Employment Authorization (Form I-765) fee of $175
•
Advance Parole (Form I-131) fee of $165
How to Handle Your CIS Interview
After filing your adjustment of status application, you will eventually receive an
appointment notice at the specified CIS office. This interview is used to
determine your eligibility to adjust status to that of a U.S. permanent resident.
You will be asked detailed questions and you may be asked to provide evidence
to support information contained in the forms you provided. The interviewing CIS
officer determines approval or denial. The interview may be videotaped.
TIP!!
All children under 21 must have their adjustment of status application
filed before turning 21.
Prepare for Your Interview
Your interview with the CIS officer is required to determine if you are eligible to
receive permanent resident status.. The information you provided will be
reviewed. You will be asked questions to confirm you are not “inadmissible” to
adjust status to that of a U.S. permanent resident. Review this information
carefully before the interview so you are prepared to answer these questions.
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As always, if you have special circumstances, consult with an immigration
professional or attorney prior to your appointment.
Approval
If your application is approved, you will receive an immigrant identification
number known as the “A number.”. At this point you are a lawful permanent
resident of the U.S. Your official green card will arrive in the mail at the address
you provided to the CIS.
CIS Denials
You will receive a denial letter by Citizenship and Immigration Services if your
application to adjust status is denied. The CIS will inform you of the reason for
the denial. You can be denied because you are deemed “inadmissible”, or
because of problems with your documentation. You need to determine whether
the grounds of refusal can be overcome. For example, if the reason is missing
documentation, you will be permitted to supply the missing documents. If you
plan to appeal the decision for any reason, we recommend that you go through a
qualified attorney.
Applying for a Waiver of Inadmissibility with Form
I-601
If your application is denied because you are inadmissible, you will be notified
and allowed to apply for a waiver. For example, if the reason is medical, you can
file for a waiver of inadmissibility. In this case, you may receive a waiver if you
are under treatment or if you have been cured by the time you submit your
application for a green card.
This is a formal request to the CIS to forgive the problem and adjust your status
anyway. By getting a waiver, you are not disproving their finding against you, but
are requesting the equivalent of a pardon. The form that you will have to
complete is called a Form I-601. There is a filing fee of $250 USD.
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Filing A Motion To Reopen
If your application is denied because you did not supply a required document or
two, you will be allowed to request a “Motion to Reopen” your case. You must
indicate the reason for reopening the case and pay an additional fee of $110
USD. You must submit the paperwork to the same CIS office where you were
interviewed.
Top Reasons For “Inadmissibility”
Section 212(a) of the Immigration and Naturalization Act was modified in 1996 to
include ten categories of reasons to keep certain persons from entering the U.S.
These circumstances will prevent you from acquiring a visa unless you can
obtain a waiver.
Criminal Behavior
The U.S. does not welcome criminals. The beginnings of U.S. immigration policy
can be traced back to colonial times as early as 1639 when English courts began
sending their criminals and vagrants to the “colonies” to punish them. Prior to the
American Revolution, the colonies began enacting their own legislation to
exclude criminals. Standards that were set at that time marked the beginnings of
“excludability” in our modern immigration law.
If you have ever been arrested, you should obtain a copy of the arrest report. If
you have ever been convicted of a crime, you should obtain certified copies of
the court disposition. The documents should be reviewed by an immigration
attorney to determine if the crime renders you inadmissible to the US.
Under current immigration law, many crimes can render someone inadmissible.
This means that you will not be able to obtain a green card through the lottery or
by any other means. Note that inadmissibility might not apply if you were arrested
or imprisoned for political reasons.
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Ill Health
You can also be deemed inadmissible on health related grounds. Section 212(a)
of the Immigration Act states that an alien is inadmissible who has a
“communicable disease of public health significance” as are persons with:
“…a physical or mental disorder and behavior associated with the disorder that
may pose a threat to the property, safety or welfare of the alien or other.”
Medical inadmissibility applies if you or a family member (spouse or unmarried
children under the age of 18) has tuberculosis or HIV, the virus that causes
acquired immune deficiency syndrome (AIDS).
There are waivers of inadmissibility in certain cases. You should consult with a
qualified attorney if you or your spouse is deemed inadmissible for health related
reasons. For example, a medical waiver is available if you are currently under
treatment. If you have been cured of a communicable disease then
inadmissibility no longer applies, but you must state this on your application.
Medical waivers can also be granted for humanitarian reasons or to assure family
unity.
Other Reasons
Under the 1996 Illegal Immigration Reform and Immigrant Responsibility Act,
many aliens who are residing unlawfully in the U.S. cannot receive a green card.
Also included in this act are individuals who have renounced their U.S.
citizenship to avoid taxation; individuals who voted unlawfully, or who falsely
claim citizenship; and uncertified foreign health-care workers.
Additional reasons for possible denials include documentation fraud, entering the
U.S. illegally, and violating your immigration status. If you do not have a
secondary school education, you must be able to prove your work experience in
one of the occupations listed in APPENDIX C.
If you fall into one of these categories, it does not mean that you will be barred
from getting a green card. Again, some grounds of inadmissibility may be waived
or legally pardoned.
Chapter 6
OTHER WAYS TO GET A GREEN CARD
Figure 6 Immigrant and Non-immigrant visas
105
106
Major Visa Categories
Other ways to obtain a permanent US resident visa are shown in the colored
boxes in Figure 6.
Non-Immigrant Visas
Those of you wish to visit the U.S. temporarily—for tourism, medical treatment,
business, temporary work, or study need a non-immigrant visa. Since this
chapter describes how to apply for permanent residency we will not discuss nonimmigrant visas in detail. If you need information to apply for non-immigrant
visas, visit this State Department link:
http://travel.state.gov/visa/tempvisitors.html
Consular officers at U.S. embassies and consulates determine eligibility on an
individual basis. Because each person’s situation is different, people applying for
the same visa may be asked different questions and even be required to submit
different documents. Under U.S. law, consular officers have the authority to
decide whether the evidence submitted is sufficient to establish your eligibility for
a visa. Consular officers may request additional information or documentation
depending on their assessment of your situation.
Immigrant Visas
There are two major categories of immigrant visas: family based and
employment based. Depending on which specific visa you need, you must either
apply yourself, or a relative or potential employer must apply on your behalf.
Please note that this information can change. Although we make every attempt to
provide current information, you should check the web sites listed to get the
latest requirements.
CHAPTER 6 OTHER WAYS TO GET A GREEN CARD
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Limited versus Unlimited Visas
The term “limited” simply means there is a quota established by Congress. The
term “unlimited” means there is no specific quota set.
Limited visas can be divided into three major categories:
•
Family-Based Green Cards
•
Employment-Based Green Cards
•
Diversity Visas
Family-Based Green Cards
Relatives of U.S. immigrants who wish to apply for this category of visa must
submit a Form I-130 (Immigrant Petition for Relative) to CIS office. Forms and
instructions are available from CIS. Once CIS approves the petition, they will
send you a notice of approval, Form I-797. CIS will also forward the approved
petition to the Immigrant Visa Processing Center, which will contact you (the
Petitioning immigrant) with further information.
Family First Preference (F-1)
The highest priority of family-based immigrant visas go to unmarried sons and
daughters of U.S. citizens and their children.
Family Second Preference (F-2)
The second highest priority belongs to spouses, minor children, and unmarried
sons and daughters (over age 20) of lawful permanent residents. At least 77% of
all visas available in this category will go to the spouses and children. The
remainder is allocated to unmarried sons and daughters.
108
Family Third Preference (F-3)
The third preference of permanent residence visas are reserved for married sons
and daughters of U.S. citizens, and their spouses and children.
Family Fourth Preference (F-4)
Finally, the brothers and sisters of U.S. citizens and their spouses and children
receive the lowest priority. To qualify, the U.S. citizen must be at least 21 years
of age.
Other Important Information
All applicants or sponsors must submit passports, birth certificates, police
certificates, and other documents, as well as evidence of financial support. The
consular officer will inform visa applicants of the documents needed as their
applications are processed. This information is discussed in more detail in
Chapter 5.
Medical Examinations
Before receiving an immigrant visa, every applicant, regardless of age, must
undergo a medical examination. The examination will be conducted by a doctor
designated by the consular officer. Examination costs must be borne by the
applicant, in addition to the visa fees.
Visa Fees
The fee for each immigrant visa is (US) $335 per person. Fees must be paid for
each immigrant, regardless of age, and are not refundable. Local currency
equivalents are acceptable. Fees should not be sent to the consular office unless
requested specifically. The CIS charges additional fees for filing petitions.
109
Numerical Limitations
Whenever there are more qualified applicants for a category than there are
available numbers, the category will be considered “oversubscribed”. In this
case, immigrant visas will be issued in the chronological order in which the
petitions were filed until the numerical limit for the category is reached. The filing
date of a petition becomes the applicant's priority date. Immigrant visas cannot
be issued until your priority date is reached. In certain heavily oversubscribed
categories, there may be a waiting period of several years before a priority date
is reached. Check the Visa Bulletin for the latest priority dates at:
http://travel.his.com/visa/frvi_bulletincurrent.html
Miscellaneous
Since no advance assurances can be given that a visa will be issued, you are
advised not to make any final travel arrangements, not to dispose of your
property, and not to give up your job until your visa has actually been issued. An
immigrant visa can be valid for six months from the issuance date.
With few exceptions, a person born in the United States has a claim to U.S.
citizenship. Persons born in countries other than the U.S. may have a claim to
citizenship under United States law. Any applicant believing he or she may have
a claim to United States citizenship should not apply for a visa until his or her
citizenship has been determined by the consular office.
How to Apply for a Social Security Number Card
If you are the potential employer of a non-citizen who plans to immigrate to the
United States, you can help that potential employee learn how to apply for a
social security number card. To learn more about this process, visit the web site
for the Social Security Administration at:
http://www.ssa.gov/ssnvisa/help_immigrant.htm
110
Questions?
Questions on visa application procedures and eligibility should be made to the
American consular office abroad. If your inquiry concerns a visa case in progress
overseas, you should first contact the U.S. Embassy or Consulate handling your
case for status information:
http://travel.his.com/visa/questions_embassy.html
Employment-Based Green Cards
The Immigration and Nationality Act provides a yearly minimum of 140,000
employment-based immigrant visas divided into five preference categories. Most
require a labor certification from the U.S. Department of Labor (DOL). This is
discussed in the next section. Exceptions to this requirement are noted.
Employment First Preference (E-1)
Priority Workers receive 28.6 percent of the yearly worldwide limit. All Priority
Workers must have an approved Form I-140, Immigrant Petition for Foreign
Worker, filed with CIS. Within this preference there are three groups:
3. Persons of extraordinary ability in the sciences, arts, education,
business, or athletics. Applicants in this category must have extensive
documentation showing sustained national or international acclaim and
recognition in their field of expertise. Such applicants do not have to
have a specific job offer so long as they are entering the U.S. to continue
work in the field in which they have extraordinary ability. Such applicants
can file their own petition with CIS, rather than through an employer.
4. Outstanding professors and researchers with at least three years
experience in teaching or research, who are recognized internationally.
NO
LABOR
CERTIFICATION
IS
REQUIRED
FOR
THIS
111
CLASSIFICATION, but the prospective employer must provide a job offer
and file a petition with CIS.
5. Certain executives and managers who have been employed at least one
of the three preceding years by the overseas affiliate, parent, subsidiary,
or branch of the U.S. employer. The applicant must be coming to work in
a managerial or executive capacity. NO LABOR CERTIFICATION IS
REQUIRED FOR THIS CLASSIFICATION, but the prospective employer
must provide a job offer and file a petition with CIS.
Employment Second Preference (E-2)
Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in
the Arts, Sciences, or Business receive 28.6 percent of the yearly worldwide limit,
plus any unused Employment First Preference visas. All Second Preference
applicants must have a labor certification approved by the DOL, or Schedule A
designation, or establish that they qualify for one of the shortage occupations in
the Labor Market Information Pilot Program. A job offer is required and the U.S.
employer must file a petition on behalf of the applicant.
Applicants may apply for an exemption from the job offer requirement and labor
certification if the exemption would be in the “national interest”. In this case, the
alien may file the petition, Form I-140 plus the evidence of national interest.
There are two groups in the E-2 preference:
1. Professionals holding an advanced degree (beyond a baccalaureate
degree), or a baccalaureate degree and at least five years progressive
experience in the profession.
2. Persons with exceptional ability in the arts, sciences, or business.
Exceptional ability means having a degree of expertise significantly
above that ordinarily encountered within the field.
Employment Third Preference (E-3)
Skilled Workers, Professionals Holding Baccalaureate Degrees and Other
Workers receive 28.6 percent of the yearly worldwide limit, plus any unused
112
Employment First and Second Preference visas. All Third Preference applicants
require an approved I-140 petition filed by the prospective employer. All such
workers require a labor certification, or Schedule A designation, or evidence that
they qualify for one of the shortage occupations in the Labor Market Information
Pilot Program. There are three groups in the E-3 category:
3. Skilled workers are persons capable of performing a job requiring at least
two years training or experience.
4. Professionals with a baccalaureate degree are members of a profession
with at least a university bachelor's degree.
5. Other workers are those persons capable of filling positions requiring
less than two years training or experience.
Employment Fourth Preference (E-4)
Special Immigrants receive 7.1 percent of the yearly worldwide limit. All such
applicants must submit an approved I-360, Petition for Special Immigrant.
(Overseas employees of the U.S. Government must use Form DS-1884, not the
I-360). There are six groups in the E-4 preference:
6. Religious workers coming to carry on the vocation of a minister of
religion, or to work in a professional capacity in a religious vocation, or to
work for a tax-exempt organization affiliated with a religious
denomination;
7. Certain overseas employees of the U.S. Government;
8. Former employees of the Panama Canal Company;
9. Retired employees of international organizations;
10. Certain dependents of international organization employees; and
11. Certain members of the U.S. Armed Forces.
113
Employment Fifth Preference (E-5)
Employment Creation Investors receive 7.1 percent of the yearly worldwide limit.
All applicants must file a Form I-526, Immigrant Petition by Alien Entrepreneur,
with CIS. To qualify, an alien must invest between U.S. $500,000 and
$1,000,000, depending on the employment rate in the geographical area in a
commercial enterprise in the United States which creates at least 10 new fulltime jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants,
not including the investor and his or her family.
Labor Certification
A person whose occupation requires a labor certification must have prearranged
employment in the United States.
Individual Labor Certification
The applicant must complete DOL Form ETA-750B, Statement of Qualifications
of Alien, and send this completed form to the prospective employer. The
employer completes Form ETA-750A, Application for Alien Employment
Certification, Offer of Employment. The prospective employer submits both forms
to the local office of the State Employment Service in the area in the United
States where the work will be performed. The employer will then be notified by
the appropriate regional office of the DOL of approval or disapproval.
Schedule A Designation
The Department of Labor has a schedule of occupations delegating authority to
CIS to approve labor certifications. Schedule A, Group I, includes physical
therapists and nurses. Schedule A, Group II includes aliens of exceptional ability
in the sciences and arts (except performing arts). To apply for Schedule A
designation, the employer must submit a completed, uncertified Form ETA-750
(in duplicate) to CIS along with Form I-140.
114
Labor Market Information Pilot Program
The Immigration Act of 1990 provides for the DOL to establish a Labor Market
Information Pilot Program defining up to ten occupational classes with labor
shortages. For aliens in a listed shortage occupation, a labor certification will be
deemed to have been issued for purposes of an employment-based immigrant
petition. (CIS can provide further information.)
Petition
All immigrants who intend to base their immigrant visa application on
employment in the United States must obtain an approved immigrant visa petition
from CIS. If a labor certification is required and granted, the employer may then
file a Form I-140, Petition for prospective immigrant employee, with CIS for the
appropriate employment-based preference category.
Visa Ineligibility/Waiver
The immigration laws of the United States, in order to protect the health, welfare,
and security of the U.S., prohibit the issuance of a visa to certain applicants.
Examples of applicants who must be refused visas are those who: have a
communicable disease, or have a dangerous physical or mental disorder; have
committed serious criminal acts; are terrorists, subversives, members of a
totalitarian party, or former Nazi war criminals; have used illegal means to enter
the U.S.; or are ineligible for citizenship. Some former exchange visitors must live
abroad for two years. Physicians who intend to practice medicine must pass a
qualifying exam before receiving immigrant visas. If found to be ineligible, the
consular officer will advise the applicant of any waivers.
APPENDIX A
GREEN CARD LOTTERY
REGISTRATION FORM
This Appendix contains a screen-shot of a sample paper visa lottery registration
form. VISIT OUR WEB SITE TO OBTAIN LARGER COPIES OF THESE
FORMS. Full sized 8.5 “ x 11” forms are available on our web site at:
http://www.mygreencard.com/downloads.php
These forms can be useful only if you use a lottery service. IF YOU ARE
REGISTERING FOR LOTTERY YOURSELF, DO NOT USE THESE FORMS.
INSTEAD, SUBMIT YOUR ENTRY ON-LINE AT:
http://www.dvlottery.state.gov
115
116
APPENDIX A GREEN CARD LOTTERY REGISTRATION FORM
117
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118
APPENDIX B
SAMPLE WINNING LETTER
119
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120
APPENDIX C
OCCUPATIONS REQUIRING TWO YEARS
TRAINING OR EXPERIENCE
If you do not meet the educational requirement, you may still qualify to enter the
visa lottery if you worked for at least two years in one of the occupations listed in
the table below. You can also obtain the same occupational information at:
http://www.travel.state.gov/visa/immigrants/types/types_1319.html
Occupation
Code
Accountants
Actuaries
Administrative Law Judges, Adjudicators, and Hearing Officers
Administrative Services Managers
Adult Literacy, Remedial Education, and GED Teachers and Instructors
Advertising and Promotions Managers
Aerospace Engineering and Operations Technicians
Aerospace Engineers
Agricultural Crop Farm Managers
Agricultural Engineers
Agricultural Inspectors
Agricultural Sciences Teachers, Postsecondary
Air Traffic Controllers
Aircraft Engine Specialists
Airframe-and-Power-Plant Mechanics
Airline Pilots, Copilots, and Flight Engineers
Anesthesiologists
Animal Scientists
Anthropologists
Anthropology and Archeology Teachers, Postsecondary
Appraisers, Real Estate
Arbitrators, Mediators, and Conciliators
Archeologists
Architects, Except Landscape and Naval
Architectural Drafters
Archivists
13-2011.01
15-2011.00
23-1021.00
11-3011.00
25-3011.00
11-2011.00
17-3021.00
17-2011.00
11-9011.02
17-2021.00
45-2011.00
25-1041.00
53-2021.00
49-3011.02
49-3011.01
53-2011.00
29-1061,00
19-1011.00
19-3091.01
25-1061.00
13-2021.02
23-1022.00
19-3091.02
17-1011.00
17-3011.01
25-4011.00
121
122
Occupation
Code
Area, Ethnic, and Cultural Studies Teachers, Postsecondary
Art Directors
Art, Drama, and Music Teachers, Postsecondary
Assessors
Astronomers
Athletic Trainers
Atmospheric and Space Scientists
Audio and Video Equipment Technicians
Audiologists
Audio-Visual Collections Specialists
Auditors
Aviation Inspectors
Avionics Technicians
Biochemists
Biological Science Teachers, Postsecondary
Biologists
Biophysicists
Boat Builders and Shipwrights
Boilermakers
Booklet binders
Broadcast News Analysts
Broadcast Technicians
Budget Analysts
Calibration and Instrumentation Technicians
Camera and Photographic Equipment Repairers
Camera Operators
Camera Operators, Television, Video, and Motion Picture
Carpet Installers
Cartographers and Photogrammetrists
Cartoonists
Ceiling Tile Installers
Central Office and PBX Installers and Repairers
Chefs and Head Cooks
Chemical Engineers
Chemistry Teachers, Postsecondary
Chemists
Child Support, Missing Persons, and Unemployment Insurance Fraud
Investigators
Child, Family, and School Social Workers
Chiropractors
Choreographers
Civil Engineering Technicians
25-1062.00
27-1011.00
25-1121.00
13-2021.01
19-2011.00
29-9091.00
19-2021.00
27-4011.00
29-1121.00
25-9011.00
13-2011.02
53-6051.01
49-2091.00
19-1021.01
25-1042.00
19-1020.01
19-1021.02
47-2031.05
47-2011.00
51-5012.00
27-3021.00
27-4012.00
13-2031.00
17-3023.02
49-9061.00
51-5022.04
27-4031.00
47-2041.00
17-1021.00
27-1013.03
47-2081.01
49-2022.01
35-1011.00
17-2041 00
25-1052.00
19-2031.00
33-3021.04
21-1021.00
29-1011.00
27-2032.00
17-3022.00
EXPERIENCE
123
Occupation
Code
CMI Engineers
Claims Examiners, Property and Casualty Insurance
Clergy
Clinical Psychologists
Coaches and Scouts
Commercial and Industrial Designers
Commercial Pilots
Compensation and Benefits Managers
Composers
Computer and Information Systems Managers
Computer Hardware Engineers
Computer Programmers
Computer Science Teachers, Postsecondary
Computer Security Specialists
Computer Software Engineers, Applications
Computer Software Engineers, Systems Software
Computer Support Specialists
Construction Carpenters
Construction Managers
Copy Writers
Coroners
Cost Estimators
Costume Attendants
Counseling Psychologists
Creative Writers
Credit Analysts
Criminal Investigators and Special Agents
Curators
Custom Tailors
Dancers
Data Processing Equipment Repairers
Database Administrators
Dentists, General
Desktop Publishers
Dietetic Technicians
Dietitians and Nutritionists
Directors- Stage, Motion Pictures, Television, and Radio
Directors, Religious Activities and Education
Dot Etchers
Economics Teachers, Postsecondary
Economists
Editors
17-2051.00
13-1031.01
21-2011.00
19-3031.02
27-2022.00
27-1021.00
53-2012.00
11-3041.00
27-2041.03
11-3021.00
17-2061.00
15-1021.00
25-1021.00
15-1071.01
15-1031.00
15-1032.00
15-1041.00
47-2031.01
11-9021.00
27-3043.04
13-1041.06
13-1051.00
39-3092.00
19-3031.03
27-3043.02
13-2041.00
33-3021.03
25-4012.00
51-6052.02
27-2031.00
49-2011.02
15-1061.00
29-1021.00
43-9031.00
29-2051.00
29-1031.00
27-2012.02
21-2021.00
51-5022.08
25-1063.00
19-3011.00
27-3041.00
124
Occupation
Code
Education Administrators, Elementary and Secondary School
Education Administrators, Postsecondary
Education Administrators, Preschool and Child Care Center/Program
Educational Psychologists
Educational, Vocational, and School Counselors
Electrical and Electronics Repairers, Powerhouse, Substation, and
Relay
Electrical Drafters
Electrical Engineering Technicians
Electrical Engineers
Electrical Power-Line Installers and Repairers
Electro-Mechanical Technicians
Electronic Masking System Operators
Electronics Engineering Technicians
Electronics Engineers, Except Computer
Electrotypers and Stereotypers
Elementary School Teachers, Except Special Education
Elevator Installers and Repairers
Embalmers
Engineering Managers
Engineering Teachers, Postsecondary
English Language and Literature Teachers, Postsecondary
Engraver Set-Up Operators
Environmental Scientists and Specialists, Including Health
Epidemiologists
Equal Opportunity Representatives and Officers
Executive Secretaries and Administrative Assistants
Exhibit Designers
Family and General Practitioners
Farm and Home Management Advisors
Film and Video Editors
Film Laboratory Technicians
Financial Analysts
Financial Examiners
Financial Managers, Branch or Department
Fire Investigators
Fire-Prevention and Protection Engineers
First-Line Supervisors and Manager/Supervisors - Logging Workers
First-Line Supervisors and Manager/Supervisors- Construction Trades
Workers
First-Line Supervisors/Managers of Mechanics, Installers, and
Repairers
11-9032.00
11-9033.00
11-9031.00
19-3031.01
21-1012.00
49-2095.00
17-3012.02
17-3023.03
17-2071.00
49-9051.00
17-3024.00
51-5022.09
17-3023.01
17-2072.00
51-5022.10
25-2021.00
47-4021.00
39-4011.00
11-9041.00
25-1032.00
25-1123.00
51-5023.08
19-2041.00
19-1041.00
13-1041.03
43-6011.00
27-1027.02
29-1062.00
25-9021.00
27-4032.00
51-9131.04
13-2051.00
13-2061.00
11-3031.02
33-2021.02
17-2111.02
45-1011.05
47-1011.01
49-1011.00
EXPERIENCE
125
Occupation
Code
First-Line Supervisors/Managers of Police and Detectives
Fish Hatchery Managers
Fitters, Structural Metal- Precision
Food Scientists and Technologists
Food Service Managers
Foreign Language and Literature Teachers, Postsecondary
Forensic Science Technicians
Forest Fire Fighting and Prevention Supervisors
Foresters
Forestry and Conservation Science Teachers, Postsecondary
Funeral Directors
Gas Appliance Repairers
Gas Compressor Operators
Geographers
Geologists
Glass Blowers, Molders, Benders, and Finishers
Government Service Executives
Graduate Teaching Assistants
Graphic Designers
Hand Compositors and Typesetters
Health Educators
Health Specialties Teachers, Postsecondary
Heating and Air Conditioning Mechanics
Historians
History Teachers, Postsecondary
Housekeeping Supervisors
Human Resources Managers
Hydrologists
Industrial Engineers
Industrial Production Managers
Industrial Safety and Health Engineers
Industrial-Organizational Psychologists
Instructional Coordinators
Insurance Appraisers, Auto Damage
Insurance Underwriters
Interior Designers
Internists, General
Jewelers
Job Printers
Judges, Magistrate Judges, and Magistrates
Kindergarten Teachers, Except Special Education
Landscape Architects
33-1012.00
11-9011.03
51-2041.02
19-1012.00
11-9051.00
25-1124.00
19-4092.00
33-1021.02
19-1032.00
25-1043.00
11-9061.00
49-9031.02
53-7071.02
19-3092.00
19-2042.01
51-9195.04
11-1011.01
25-1191.00
27-1024.00
51-5022.01
21-1091.00
25-1071.00
49-9021.01
19-3093.00
25-1125.00
37-1011.01
11-3040.00
19-2043.00
17-2112.00
11-3051.00
17-2111.01
19-3032.00
25-9031.00
13-1032.00
13-2053.00
27-1025.00
29-1063.00
51-9071.01
51-5021.00
23-1023.00
25-2012.00
17-1012.00
126
Occupation
Code
Law Clerks
Lawn Service Managers
Lawyers
Librarians
Loan Counselors
Loan Officers
Locomotive Engineers
Machinists
Management Analysts
Marine Architects
Marine Cargo Inspectors
Marine Engineers
Market Research Analysts
Marketing Managers
Materials Engineers
Materials Scientists
Mathematical Science Teachers, Postsecondary
Mathematical Technicians
Mathematicians
Mechanical Drafters
Mechanical Engineering Technicians
Mechanical Engineers
Mechanical Inspectors
Medical and Clinical Laboratory Technologists
Medical and Health Services Managers
Medical and Public Health Social Workers
Medical Scientists, Except Epidemiologists
Meeting and Convention Planners
Mental Health and Substance Abuse Social Workers
Mental Health Counselors
Metal Fabricators, Structural Metal Products
Microbiologists
Middle School Teachers, Except Special and Vocational Education
Millwrights
Mining and Geological Engineers, Including Mining Safety Engineers
Mobile Heavy Equipment Mechanics, Except Engines
Model Makers, Metal and Plastic
Model Makers, Wood
Municipal Fire Fighting and Prevention Supervisors
Music Arrangers and Orchestrators
Music Directors
Musicians, Instrumental
23-2092.00
37-1012.01
23-1011.00
25-4021.00
13-2071.00
13-2072.00
53-4011.00
51-4041.00
13-1111.00
17-2121.02
53-6051.03
17-2121.01
19-3021.00
11-2021.00
17-2131.00
19-2032.00
25-1022.00
15-2091.00
15-2021.00
17-3013.00
17-3027.00
17-2141.00
51-9061.02
29-2011.00
11-9111.00
21-1022.00
19-1042.00
13-1121.00
21-1023.00
21-1014.00
51-2041.01
19-1022.00
25-2022.00
49-9044.00
17-2151.00
49-3042.00
51-4061.00
51-7031.00
33-1021.01
27-2041.02
27-2041.01
27-2042.02
EXPERIENCE
127
Occupation
Code
Natural Sciences Managers
Network Systems and Data Communications Analysts
Nuclear Engineers
Nuclear Medicine Technologists
Nuclear Power Reactor Operators
Nursery and Greenhouse Managers
Nursing Instructors and Teachers, Postsecondary
Obstetricians and Gynecologists
Occupational Health and Safety Specialists
Occupational Therapists
Offset Lithographic Press Setters and Set-Up Operators
Operations Research Analysts
Optical Instrument Assemblers
Opticians, Dispensing
Optometrists
Oral and Maxillofacial Surgeons
Orthodontists
Painters and Illustrators
Painters, Construction and Maintenance
Paralegals and Legal Assistants
Park Naturalists
Paste-Up Workers
Patternmakers, Metal and Plastic
Patternmakers, Wood
Pediatricians, General
Petroleum Engineers
Petroleum Refinery and Control Panel Operators
Pewter Casters and Finishers
Pharmacists
Photoengravers
Physical Therapists
Physician Assistants
Physicists
Physics Teachers, Postsecondary
Pilots, Ship
Pipe Fitters
Plant Scientists
Plasterers and Stucco Masons
Plate Finishers
Podiatrists
Poets and Lyricists
Police Detectives
11-9121.00
15-1081.00
17-2161.00
29-2033.00
51-8011.00
11-9011.01
25-1072.00
29-1064.00
29-9011.00
29-1122.00
51-5023.02
15-2031.00
51-9083.02
29-2081.00
29-1041.00
29-1022.00
29-1023.00
27-1013.01
47-2141.00
23-2011.00
19-1031.03
51-5022.02
51-4062.00
51-7032.00
29-1065.00
17-2171.00
51-8093.02
51-9071.05
29-1051.00
51-5022.03
29-1123.00
29-1071.00
19-2012.00
25-1054.00
53-5021.03
47-2152.01
19-1013.01
47-2161.00
51-5022.11
29-1081.00
27-3043.01
33-3021.01
128
Occupation
Code
Political Science Teachers, Postsecondary
Political Scientists
Postmasters and Mail Superintendents
Potters
Power Distributors and Dispatchers
Power Generating Plant Operators, Except Auxiliary Equipment
Operators
Precision Pattern and Die Casters, Nonferrous Metals
Preschool Teachers, Except Special Education
Pressure Vessel Inspectors
Private Sector Executives
Producers
Product Safety Engineers
Program Directors
Property, Real Estate, and Community Association Managers
Prosthodontists
Psychiatrists
Psychology Teachers, Postsecondary
Public Relations Specialists
Public Transportation Inspectors
Purchasing Agents and Buyers, Farm Products
Purchasing Agents, Except Wholesale, Retail, and Farm Products
Purchasing Managers
Radiation Therapists
Radiological Technicians
Radiological Technologists
Railroad Conductors and Yardmasters
Range Managers
Recreational Therapists
Reed or Wind Instrument Repairers and Tuners
Refrigeration Mechanics
Registered Nurses
Reporters and Correspondents
Sales Agents, Securities and Commodities
Sales Engineers
Sales Managers
Scanner Operators
Sculptors
Secondary School Teachers, Except Special and Vocational Education
Self-Enrichment Education Teachers
Service Unit Operators, Oil, Gas, and Mining
Set Designers
25-1065.00
19-3094.00
11-9131.00
51-9195.05
51-8012.00
51-8013.01
51-9195.02
25-2011.00
13-1041.05
11-1011.02
27-2012.01
17-2111.03
27-2012.03
11-9141.00
29-1024.00
29-1066.00
25-1066.00
27-3031.00
53-6051.02
13-1021.00
13-1023.00
11-3061.00
29-1124.00
29-2034.02
29-2034.01
53-4031.00
19-1031.02
29-1125.00
49-9063.03
49-9021.02
29-1111.00
27-3022.00
41-3031.01
41-9031.00
11-2022.00
51-5022.05
27-1013.04
25-2031.00
25-3021.00
47-5013.00
27-1027.01
EXPERIENCE
129
Occupation
Code
Ship and Boat Captains
Ship Engineers
Signal and Track Switch Repairers
Social and Community Service Managers
Sociology Teachers, Postsecondary
Soil Conservationists
Soil Scientists
Special Education Teachers, Middle School
Special Education Teachers, Preschool, Kindergarten, and Elementary
School
Special Education Teachers, Secondary School
Speech-Language Pathologists
Station installers and Repairers, Telephone
Statisticians
Stonemasons
Storage and Distribution Managers
Strippers
Substance Abuse and Behavioral Disorder Counselors
Surgeons
Surveying Technicians
Surveyors
Tax Examiners, Collectors, and Revenue Agents
Technical Directors/Managers
Technical Writers
Tool and Die Makers
Traffic Technicians
Training and Development Managers
Training and Development Specialists
Transformer Repairers
Transportation Managers
Treasurers, Controllers, and Chief Financial Officers
Urban and Regional Planners
Veterinarians
Vocational Education Teachers Postsecondary
Vocational Education Teachers, Middle School
Vocational Education Teachers, Secondary School
Welder-Fitters
Wellhead Pumpers
Zoologists and Wildlife Biologists
53-5021.01
53-5031.00
49-9097.00
11-9151.00
25-1067.00
19-1031.01
19-1013.02
25-2042.00
25-2041.00
25-2043.00
29-1127.00
49-2022.05
15-2041.00
47-2022.00
11-3071.02
51-5022.06
21-1011.00
29-1067.00
17-3031.01
17-1022.00
13-2081.00
27-2012.05
27-3042.00
51-4111.00
53-6041.00
11-3042.00
13-1073.00
49-2092.04
11-3071.01
11-3031.01
19-3051.00
29-1131.00
25-1194.00
25-2023.00
25-2032.00
51-4121.03
53-7073.00
19-1023.00
APPENDIX D
LOTTERY VISAS ALLOCATED BY REGION
FOR DV-2004 AND DV-2005
Region
AFRICA
DV-2005
Winners
44,659
ASIA
13,701
EUROPE
33,741
NORTH
AMERICA
14
OCEANIA
1,720
SOUTH
AMERICA,
CENTRAL
AMERICA
& THE
CARRIBEA
N
4,866
DV-2005
Notes
All countries
qualified
All countries
qualified except
China, Pakistan,
India, South
Korea, the
Philippines, and
Vietnam
All countries
qualified except
Russia, the United
Kingdom and its
territories (except
Northern Ireland)
No qualifying
country except
The Bahamas
All countries
qualifying
All countries
qualified except
Columbia,
Dominican
Republic, El
Salvador, Haiti,
Jamaica, and
Mexico
131
DV-2004
Winners
50,341
19,599
35,868
12
1,312
3,790
DV-2004
Notes
All countries
qualified
All countries
qualified except
China, Pakistan,
India, South
Korea, the
Philippines, and
Vietnam
All countries
qualified except
the United
Kingdom and its
territories (except
Northern Ireland)
No qualifying
country except
The Bahamas
All countries
qualifying
All countries
qualified except
Columbia,
Dominican
Republic, El
Salvador, Haiti,
Jamaica, and
Mexico
APPENDIX E
LOTTERY VISAS ALLOCATED BY COUNTRY
FOR DV-2005
GAMBIA, THE 136
GHANA 3,974
GUINEA 268
GUINEA-BISSAU 3
KENYA 3,618
AFRICA
ALGERIA 1,489
ANGOLA 14
BENIN 233
BOTSWANA 7
BURKINA FASO 76
BURUNDI 34
CAMEROON 1,540
CAPE VERDE 4
CENTRAL AFRICAN REP. 4
CHAD 22
COMOROS 0
CONGO 47
CONGO, DEMOCRATIC
REPUBLIC OF THE 844
COTE D’IVOIRE 321
DJIBOUTI 12
EGYPT 6,070
EQUATORIAL GUINEA 2
ERITREA 556
ETHIOPIA 6,060
GABON 29
LESOTHO 0
LIBERIA 714
LIBYA 35
MADAGASCAR 28
MALAWI 44
MALI 124
MAURITANIA 25
MAURITIUS 23
MOROCCO 5,298
MOZAMBIQUE 12
NAMIBIA 11
NIGER 53
NIGERIA 6,735
RWANDA 51
SAO TOME AND
PRINCIPE 0
SENEGAL 409
SEYCHELLES 4
SIERRA LEONE 594
133
SOMALIA 364
SOUTH AFRICA 390
SUDAN 1,015
SWAZILAND 6
TANZANIA 356
TOGO 2,857
TUNISIA 134
UGANDA 244
ZAMBIA 1,118
ZIMBABWE 141
ASIA
AFGHANISTAN 22
BAHRAIN 1
BANGLADESH 7,404
BHUTAN 1
BRUNEI 1
BURMA 531
CAMBODIA 164
HONG KONG SPECIAL
ADMIN. REGION 77
INDONESIA 258
IRAN 820
IRAQ 48
ISRAEL 116
JAPAN 373
JORDAN 44
KUWAIT 16
LAOS 4
LEBANON 83
134
MALAYSIA 87
MALDIVES 0
MONGOLIA 55
NEPAL 2,698
NORTH KOREA 0
OMAN 0
QATAR 1
SAUDI ARABIA 30
SINGAPORE 35
SRI LANKA 386
SYRIA 26
TAIWAN 367
THAILAND 0
UNITED ARAB EMIRATES 13
YEMEN 40
EUROPE
ALBANIA 3,380
ANDORRA 1
ARMENIA 1,004
AUSTRIA 91
AZERBAIJAN 235
BELARUS 925
BELGIUM 81
BOSNIA &
HERZEGOVINA 103
BULGARIA 4,068
CROATIA 69
CYPRUS 14
CZECH REPUBLIC 169
DENMARK 42
APPENDIX E LOTTERY VISAS ALLOCATED BY COUNTRY FOR DV-2005
ESTONIA 64
FINLAND 59
FRANCE 384
French Southern &
Antartic Lands 1
Martinique 2
New Caledonia 1
Reunion 3
GEORGIA 375
GERMANY 1,275
GREECE 78
GUADELOUPE 0
HUNGARY 181
ICELAND 5
IRELAND 205
ITALY 202
KAZAKHSTAN 296
KYRGYZSTAN 206
LATVIA 158
LIECHTENSTEIN 1
LITHUANIA 1,114
LUXEMBOURG 2
MACEDONIA, FORMER
YUGOSLAV REP. OF 306
MALTA 0
MOLDOVA 383
MONACO 0
NETHERLANDS 130
Netherlands Antilles 10
NORTHERN IRELAND 75
NORWAY 25
135
POLAND 6,211
PORTUGAL 51
Macau 12
ROMANIA 2,521
SAN MARINO 0
SERBIA & MONTENEGRO 425
SLOVAKIA 398
SLOVENIA 6
SPAIN 134
SWEDEN 115
SWITZERLAND 136
TAJIKISTAN 83
TURKEY 1,803
TURKMENISTAN 78
UKRAINE 4,494
UZBEKISTAN 1,551
VATICAN CITY 0
NORTH AMERICA
BAHAMAS, THE 14
OCEANIA
AUSTRALIA 787
Cocos Islands 2
FIJI 530
KIRIBATI 0
MARSHALL ISLANDS 0
MICRONESIA, FED. STATES
OF 0
NAURU 0
NEW ZEALAND 290
Cook Islands 0
Niue 1
PALAU 2
PAPUA NEW GUINEA 5
SAMOA 6
SOLOMON ISLANDS 1
TONGA 96
TUVALU 0
VANUATU 0
136
NICARAGUA 14
PANAMA 17
PARAGUAY 14
PERU 2,514
SAINT KITTS AND NEVIS 3
SAINT LUCIA 4
SAINT VINCENT AND THE
GRENADINES 14
SURINAME 3
TRINIDAD AND TOBAGO 96
URUGUAY 18
VENEZUELA 299
SOUTH AMERICA,
CENTRAL AMERICA,
AND THE CARIBBEAN
ANTIGUA AND BARBUDA 4
ARGENTINA 221
BARBADOS 12
BELIZE 3
BOLIVIA 108
BRAZIL 592
CHILE 43
COSTA RICA 24
CUBA 674
DOMINICA 8
ECUADOR 308
GRENADA 7
GUATEMALA 25
GUYANA 27
HONDURAS 35
APPENDIX F
LOTTERY VISAS ALLOCATED BY COUNTRY
FOR DV-2004
GAMBIA, THE 65
GHANA 7,040
GUINEA 22
GUINEA-BISSAU 6
KENYA 5,721
AFRICA
ALGERIALBANIA 1,285
ANGOLA 17
BENIN 209
BOTSWANA 8
BURKINA FASO 34
BURUNDI 27
CAMEROON 1,531
CAPE VERDE 4
CENTRAL AFRICAN REP. 10
CHAD 41
COMOROS 0
CONGO 31
CONGO, DEMOCRATIC
REPUBLIC OF THE 455
COTE D’IVOIRE 268
DJIBOUTI 24
EGYPT 4,189
EQUATORIAL GUINEA 1
ERITREA 373
ETHIOPIA 6,353
GABON 14
LESOTHO 0
LIBERIA 1,570
LIBYA 24
MADAGASCAR 27
MALAWI 32
MALI 51
MAURITANIA 25
MAURITIUS 44
MOROCCO 5,069
MOZAMBIQUE 5
NAMIBIA 10
NIGER 35
NIGERIA 7,145
RWANDA 87
SAO TOME AND
PRINCIPE 0
SENEGAL 269
SEYCHELLES 1
SIERRA LEONE 2,149
137
SOMALIA 566
SOUTH AFRICA 413
SUDAN 1,183
SWAZILAND 2
TANZANIA 329
TOGO 2,819
TUNISIA 115
UGANDA 351
ZAMBIA 124
ZIMBABWE 168
ASIA
AFGHANISTAN 46
BAHRAIN 15
BANGLADESH 5,126
BHUTAN 9
BRUNEI 7
BURMA 906
CAMBODIA 237
HONG KONG SPECIAL
ADMIN. REGION 293
INDONESIA 844
IRAN 1,431
IRAQ 174
ISRAEL 465
JAPAN 1,291
JORDAN 125
KUWAIT 45
LAOS 10
LEBANON 105
138
MALAYSIA 222
MALDIVES 0
MONGOLIA 65
NEPAL 4,259
NORTH KOREA 4
OMAN 3
QATAR 8
SAUDI ARABIA 54
SINGAPORE 137
SRI LANKA 1,418
SYRIA 64
TAIWAN 1,833
THAILAND 297
YEMEN 106
EUROPE
ALBANIA 3,071
ANDORRA 1
ARMENIA 836
Aruba 1
AUSTRIA 64
AZERBAIJAN 338
BELARUS 966
BELGIUM 46
BOSNIA &
HERZEGOVINA 128
BULGARIA 3,482
CROATIA 73
CYPRUS 11
CZECH REPUBLIC 172
DENMARK 39
APPENDIX F LOTTERY VISAS ALLOCATED BY COUNTRY FOR DV-2004
ESTONIA 71
FINLAND 44
FRANCE 313
FRENCH GUIANA 1
FRENCH POLYNESIA 3
GEORGIA 479
GERMANY 1,227
GREECE 66
GUADELOUPE 5
HUNGARY 139
ICELAND 17
IRELAND 305
ITALY 165
KAZAKHSTAN 451
KYRGYZSTAN 206
LATVIA 172
LIECHTENSTEIN 1
LITHUANIA 2,059
LUXEMBOURG 4
MACAU 0
MACEDONIA, FORMER
YUGOSLAV REP. OF 166
MALTA 10
MOLDOVA 574
MONACO 1
NETHERLANDS 94
NETHERLANDS ANTILLES 6
NORTHERN IRELAND 51
NORWAY 19
POLAND 5,467
PORTUGAL 46
139
REUNION 2
ROMANIA 1,845
RUSSIA 2,600
SAN MARINO 0
SERBIA & MONTENEGRO 448
SLOVAKIA 392
SLOVENIA 8
SPAIN 62
SWEDEN 82
SWITZERLAND 183
TAJIKISTAN 105
TURKEY 2,343
TURKMENISTAN 95
UKRAINE 4,494
UZBEKISTAN 1,819
VATICAN CITY 0
NORTH AMERICA
BAHAMAS, THE 12
OCEANIA
AUSTRALIA 362
COOK ISLANDS 0
FIJI 738
KIRIBATI 0
MARSHALL ISLANDS 0
MICRONESIA, FED.
STATES OF 0
NAURU 0
NEW ZEALAND 155
PALAU 0
PAPUA NEW GUINEA 3
SAMOA 8
SOLOMON ISLANDS 2
TONGA 43
TUVALU 0
VANUATU 1
SOUTH AMERICA,
CENTRAL AMERICA,
AND THE CARIBBEAN
140
PARAGUAY 31
PERU 1,298
SAINT KITTS AND NEVIS 2
SAINT LUCIA 5
SAINT VINCENT AND
THE GRENADINES 5
SURINAME 1
TRINIDAD AND TOBAGO 71
URUGUAY 41
VENEZUELA 194
ANTIGUA AND
BARBUDA 6
ARGENTINA 194
BARBADOS 3
BELIZE 4
BOLIVIA 62
BRAZIL 287
CHILE 23
COSTA RICA 12
CUBA 674
DOMINICA 12
ECUADOR 746
GRENADA 6
GUATEMALA 26
GUYANA 22
HONDURAS 25
NICARAGUA 27
PANAMA 13
APPENDIX G
GUIDELINES FOR PRODUCING HIGH QUALITY
PHOTOGRAPHS
This Appendix includes a quick tutorial adapted from the Department of State
guidelines. It is designed to help photographers ensure their subjects are
accurately represented and photographs are free of common defects that can
cause delays in visa processing.
141
142
If you are using a lottery service to submit your entry, then provide them with
standard analog photograph that meets the lighting, composition, and other
requirements described here. The lottery service will scan your photograph for
you to produce a digital image. Make sure your photograph meets the
requirements described here.
If you are submitting photos directly to the State Department, then you should
either take the photograph with a digital camera or take the photograph with an
analog camera and scan the image. Either way you need to submit an electronic
photo with your lottery registration.
Setup and Production Guidelines
Proper Lighting Arrangement
Position light sources on both sides of subject to avoid shadows on face.
Use a light source to illuminate background behind subject to avoid shadows in
background.
APPENDIX G GUIDELINES FOR PRODUCING HIGH QUALITY PHOTOS
Figure 1. Camera & Lighting Setup
Camera/Subject Position
•
Place camera approximately 4 ft (120 cm) from the subject.
•
Have camera at subject’s eye level.
•
Position subject facing the camera.
Photograph Print Properties
•
Produce 2 inch x 2 inch (51 mm x 51 mm) color photo.
•
Print photo on thin photo paper or stock.
143
144
•
Ensure the print is clear and has a continuous tone quality.
•
Do not retouch or otherwise enhance or soften photo.
Composition Checklist
7 Steps to Successful Photos
•
•
•
Frame subject with full face, front view, eyes open
Make sure photo presents full head from top of hair to bottom of chin;
3
height of head should measure 1 inch to 1 ⁄8 inch (25 mm to 35 mm)
Center head within frame (see Figure 2 below)
1
3
•
Make sure eye level is between 1 ⁄8 inch and 1 ⁄8 inch (28 mm and 35
mm) from bottom of photo
•
Photograph subject against a plain white or off-white background
•
Position subject and lighting so that there are no distracting shadows
on the face or background
•
Encourage subject to have a natural expression
Figure 2. Head Position & Placement
Well-Composed Photos
145
146
Brightness, Contrast, & Color
•
Brightness and contrast should be adjusted to present the subject and
background accurately
•
Photos without proper contrast or color may obscure unique facial
features
•
Color should reproduce natural skin tones
•
Fluorescent or other lighting with unbalanced color may cause unwanted
color cast in the photo
•
Appropriate filters can eliminate improper color balance
Photo Too Dark
Correct Contrast
Natural Color
147
148
Head Position & Background
•
Head should be positioned directly facing the camera
•
Photo should capture from slightly above top of hair to middle of chest
•
Eyes should be open and looking at the camera
•
Eyeglasses should be worn if normally used by the subject
•
Glare on eyeglasses can usually be avoided with a slight upward or
downward tilt of the head
•
Background should be plain white or off-white
•
Include headpieces if worn daily for religious purposes; they should not
obscure or cast shadows on the eyes or any other part of the face
•
Over- or under-exposure may render the photo unusable
•
Three-point balanced lighting is strongly recommended (see Figure 1)
•
Facial features should be clearly evident in the photo
•
Lighting should be adjusted to avoid shadows on the face or background
•
Diffuse sources of light, such as umbrella lights, are preferable to point
sources
•
High-resolution photography and printing are strongly recommended
•
Both conventional and digital photography are acceptable, and
conventional or digital printing methods may be used
•
Resulting print should exhibit a continuous tone quality regardless of the
print method used (dye sublimation, ink jet, laser, etc.)
149
•
Digitally printed photos should be produced without discernible pixels or
dot patterns
•
Fine facial features should be discernible
•
The entire face should be in focus
No Glare on Glasses or Shadows on Face
150
Exposure and Lighting
151
Resolution & Printing Quality
No Pixelation
152
No Visible Dot Pattern
153
154
Introduction to Digital (Electronic)
Photgraphs
This section explains some of the terms used for electronic photos. We also
provide some quick tips for scanning and taking digital photographs.
A digital photo is simply an image that has been converted into ones and zeros,
the language of computers. Just like an e-book, a digital photo has many
advantages. The main feature the State Department requires is the ability to
quickly save and retrieve pictures for law enforcement purposes. This way, they
can more easily compare photos against a database of known criminals or
terrorists. This is much more difficult to do with standard analog photographs.
Image Formats
Computer images can be stored in many different formats. The most common
are JPEG (Joint Photographic Experts Group); GIF (Graphics Image Format);
TGA (Targa), and PNG (Portable Network Graphics). These formats all reduce
the file size of the image to a size that can be easily transferred over the Internet.
Some formats do a better job of image reduction (also known as file
compression) than other formats, with or without out losing information. The
State Department requires photographs to be in the JPEG format. Files in this
format have a “.jpg” file extension, such as: myphoto.jpg.
Picture Sizes are Measured in Pixels
A pixel (picture element) is the smallest element that can be displayed on a
computer monitor or printer. The larger the image, the larger the number of
pixels. For example, if a print is scanned, the print must be 2.0 inches x 2.0
inches (50 mm x 50 mm) and scanned at a resolution of 150 dots per inch.
Color Depth is Measured in Bits
Another important aspect of a digital picture is the number of colors in the picture.
So called “real life” looking images generally contain millions of colors. This is
155
known as 24-bit color because the actual number of colors is 224 (or
16,7777,216). 8-bit color (28 = 256 colors) yield smaller file sizes, but the
appearance looks artificial. The alternative to color is greyscale. Grayscale refers
to shades of grey as well as black and white. The State Department requires 24bit color, 8 bit color, or 8-bit greyscale.
Image Size
The higher the resolution, the larger the file size. The greater the color depth, the
larger the file size. The State Department accepts an image with a maximum file
size of sixty-two thousand five hundred (62,500) bytes (62.5K).
How to Take Good Digital Pictures
If you have a digital camera (one that does not use film), make sure the battery is
charged. Look at your subject before you take the picture.
•
Follow the instructions outlined earlier.
•
Center your subject in the viewfinder and shoot the picture.
•
If you do not have steady hands, mount the camera on a tripod or a flat
surface.
How to Scan Existing Photos
1. Unlock the scanner head. There is usually a dial or slide for locking and
unlocking the sensor. Do not forget to lock it again before you move the scanner
or you may damage it.
156
2. Let your scanner warm up for at least 5 minutes before you begin, otherwise
the picture quality may not be the best.
3. Clean the glass plate so it is totally free of all dust and fingerprints. If you
cannot remove the dust, either reposition the picture, or use image-editing
software to touch up the photograph.
4. Select the proper resolution. The measurement of resolution is determined by
the density of the dots. State Department requires a resolution of 150 dots per
inch (150 dpi). Some scanners support resolutions as high as 2,800 dots per
inch. Do not use a high resolution scanner setting. Resolution is Measured in
Dots per Inch (DPI)
5. Select the proper image size.
6. Save the scanned image to your computer and name it appropriately, such as
“mrael_24bit.jpg”.
GLOSSARY
ACCOMPANYING RELATIVE Immediate family members eligible
to receive visas or green cards, who travel to the United States with the principal
immigrant alien. This includes only the legal spouse and legitimate unmarried
children of the principal immigrant alien. See also Dependents and Immediate
Family.
ADJUSTMENT OF STATUS
The procedure for changing an alien’s
status from non-immigrant to immigrant.
ADMITTED An alien who has been permitted to enter the United States on
either an immigrant or non-immigrant visa after being investigated or interviewed
by CIS officials, usually at a border post or airport.
ADVISORY OPINION
A formal procedure, which allows the United
States Visa Office to review the decision of a U.S. Consul.
ALIEN A foreign-born person who is not a citizen or a national of the United
States. The term applies to all foreign nationals in the United States, whether
they are in the U.S. temporarily or have permanent resident status.
ALTERNATIVE STATE CHARGEABILITY See Chargeability.
APPEAL A procedure allowing review of a decision of a lower government
official to a superior official.
ATTORNEY GENERAL OF THE UNITED STATES The
federal government official responsible for the administration and enforcement of
U.S. immigration law.
157
158
ATTORNEY GENERAL (STATE)
A state government official
responsible for determining the rights of aliens under that particular state law.
Each of the 50 states in the United States has a State Attorney General.
BENEFICIARY An alien who receives the benefit of an application filed on
their behalf by a relative, employer, or other sponsor.
BOARD OF IMMIGRATION APPEALS An agency under the
U.S. Department of Justice that reviews decisions on appeals rendered by
immigration judges and district directors on immigration issues.
BORDER PATROL The law enforcement officials responsible for
investigating information received on undocumented aliens and patrolling the
United States borders with Canada and Mexico to prevent illegal aliens from
entering.
BORN IN See Native
THE BUREAU OF IMMIGRATION AND CUSTOMS
ENFORCEMENT (ICE) is responsible for administering border
security and the enforcement of immigration laws.
BUREAU OF SECURITY AND CONSULAR AFFAIRS A
branch of the U.S. Department of State responsible for establishing policies and
regulations concerning visas.
CHARGEABILITY An alien can be “charged” to a visa eligible country of
his or her spouse or parent under certain qualifying conditions. See also Native.
CITIZEN As defined by The Fourteenth Amendment of the U.S. Constitution,
“all persons born or naturalized in the United States and subject to the jurisdiction
thereof.” U.S. permanent residents are not citizens of the United States until they
become naturalized. This process takes approximately five years.
GLOSSARY
159
CUSTOMS AND BORDER PROTECTION (CBP) is
responsible for controlling movement of people and goods through U.S. land
borders, airports, and seaports.
CUSTOMS OFFICER The law enforcement official at an airport or port
of entry at a United States border responsible for inspecting customs
declarations, luggage, and personal effects of persons arriving into the United
States.
DEPENDENT Spouse or unmarried dependent child under 21 years of age,
or unmarried dependent child under 21 years of age who is a full-time student at
a post secondary educational institution. Also an unmarried child who is
physically or mentally disabled. See also Accompanying Relative and Immediate
Family.
DEPORTABLE ALIEN See Removable.
DEPORTATION See Removal.
DERIVATIVE CITIZENSHIP Citizenship conveyed to: children
though the naturalization of their parents, spouses of citizens by marriage, or to
foreign-born children adopted by U.S. citizen parents.
DETENTION OFFICER A law enforcement official of the BCIS who is
responsible for removing illegal aliens from the United States.
DISTRICT Any one of thirty three geographic areas which the United States
and its territories are divided for Citizenship and Immigration Services field
operations; or one of three overseas offices located in Rome, Bangkok, or
Mexico City. Operations are supervised by a district director located at a district
office within the district’s geographical boundaries.
DIVERSITY VISA PROGRAM A yearly green card lottery program
held for persons born in qualifying countries to allow them to receive permanent
160
residency status. The objective of the program is to ensure that immigrants who
come to the U.S. are from diverse backgrounds.
ELECTRONIC DIVERSITY VISA ENTRY FORM (EDV)
The electronic registration form required for diversity visa lottery entrants, now
located on the Internet at http://www.dvlottery.state.gov.
ELIGIBILITY
The rules pertaining to birth country, age, education, and
other requirements for the diversity visa lottery.
EXAMINING OFFICER
An BCIS official who renders decisions
regarding the fate of applicants in immigration petitions or status adjustments.
EXCLUSION See Removal.
FOLLOWING TO JOIN Immediate family members who arrive in the
United States at some time after the principal alien.
FOREIGN CONSUL
A consular officer located in the United States
representing the interests of a foreign government.
FOREIGN STUDENT ADVISOR
An employee of a school or
university who advises students from foreign countries on immigration matters.
GREEN CARD The unofficial name for the Permanent Resident Card. It is
a plastic photo identification card given to persons who become legal permanent
residents of the United States.
HIGH ADMISSION COUNTRY
Countries such as Canada and
Mexico where large numbers of immigrants have already entered the United
States. High admission countries are ineligible for the visa lottery.
GLOSSARY
161
IMMEDIATE FAMILY
The “principal applicant’s” legal spouse and
unmarried children under the age of 21. It does not include brothers, sisters,
parents, or grandparents, as these are considered extended family members.
IMMIGRANT
A citizen or national of another country, or an alien who
enters the United States to permanently.
IMMIGRANT VISA A special visa issued to a person who enters the
United States with the intent of staying indefinitely.
INADMISSIBLE Potential immigrants can be disqualified from entering
the United States because they cannot support themselves financially, have
criminal backgrounds, or have certain health problems. There are legal methods
to overcome inadmissibility. This term was formerly known as “excludable.”
KENTUCKY CONSULAR CENTER A government agency, which
operates under the U.S. Department of State to receive and process green card
lottery registrations. Prior to the year 2000, this was handled by the National Visa
Center, located in Portsmouth, New Hampshire, a private service under contract
by the U.S. Department of State.
LOW ADMISSION COUNTRY Countries where less than 50,000
people have immigrated to the United States during the past five years. A country
where high numbers of applicants are selected for the visa lottery.
NATIONAL OF THE UNITED STATES A citizen of the United
States who is born or naturalized, or any other non U.S. citizen who owes
permanent allegiance to the United States.
NATIONAL VISA CENTER
The National Visa Center, located in
Portsmouth, New Hampshire, is a private company under contract with the
Department of State to handle certain immigration functions. Until the year 2000,
they were responsible for processing green card lottery registrations. Currently
this function has been replaced by the Kentucky Consular Center in Lewisville,
Kentucky.
162
NATIVE According to U.S. State Department rules, native means (1) born
within the territory of a foreign country (or dependent territory), or (2)
“chargeable” to that foreign country.
NATURALIZATION The legal action in which a foreign national, usually
a permanent resident, takes to become a U.S. citizen. An alien who becomes a
naturalized U.S. citizen has the same rights as a native-born American. An alien
must be a permanent resident for five years before being eligible for U.S.
citizenship.
NATURALIZATION EXAMINER A Citizenship and Immigration
Services official who conducts investigations concerning alien eligibility for
citizenship in the United States.
NON-IMMIGRANT An alien who enters the United States for a limited
time.
PAROLE This refers to the status granted to an alien without a visa or other
required documentation, but who has been inspected and permitted to enter the
United States for a particular purpose, such as an application for political asylum.
PERMANENT RESIDENT A green card holder and non-U.S. citizen,
granted permission to live permanently within the borders of the United States.
The permanent resident must renew his or her green card every ten years.
PRIMARY APPLICANT
The name of the person who fills out the
Diversity Visa Registration Form. This person must meet the eligibility
requirements to enter the lottery.
REGISTRATION
The diversity visa lottery application form. See
Electronic Diversity Visa Entry Form.
REMOVABLE An alien in the United States subject to any of the grounds of
deportation specified in the Immigration and Nationality Act. This includes any
alien illegally in the United States, regardless of whether the alien entered the
GLOSSARY
163
country illegally or entered legally but subsequently violated the terms of his or
her visa.
REMOVAL A legal proceeding brought before a special immigration judge to
decide whether an immigrant will be allowed to enter or remain in the United
States. The Citizenship and Immigration Services now uses removal in place of
the term “deportation”.
SPONSOR
Either a U.S. citizen, U.S. permanent resident, employer, or a
close relative who can legally “petition” to bring an immigrant into the United
States.
STATELESS Without a nationality.
UNITED STATES CITIZENSHIP & IMMIGRA-TION
SERVICES (CIS) A branch of the U.S. government within the U.S.
Department of Homeland Security responsible for administering all visa and
immigration services and benefits.
VOLUNTARY DEPARTURE
Departure of an alien from the United
States without a court order of removal.
INDEX
before interview, 91, 101
contacting, 4, 7, 9, 78
A
Address change, 98
Adjusting status, 95–103. See also
Immigrant visa
and overstays, 97
CIS denials, 101, 102–3
definition of, 157
documents, required, 84–90, 98
eligibility, 96
interview with CIS, 100–102
Admitted
definition of, 157
Adopted children. See Dependents
Advance Parole, 99
Advisory Opinion
definition of, 157
Africa, 59
visa eligible countries in, 60
Alien
definition of, 157
illegal. See Illegal alien
Alien entrepreneur, 113
AmericanDream.de, 46
Appeal, 157
Application. See Registration
Application for Travel Document, 18
Arrival and departure record, 96, 99
Asia, 59
Attorney
advantages and disadvantages, 39–
44
and illegal immigrants, 74
and medical inadmissibility, 103
B
Birth certificates, 84
Board of Immigration Appeals, 158
Bureau of Customs and Border
Protection, 24
Bureau of Immigration and Customs
Enforcement, 23
Bureau of Security and Consular Affairs,
158
C
Case number, 82, 96
Central America and Caribbean, 60
Chargeability, 66, 70–73
definition of, 158
examples, 71, 72
Children. See Dependents
CIS, 4, 21, 163
contacting if you win, 77
expedite program for winners, 80
Citizenship
advantages over permanent
residency, 18
and green card, 18
definition of, 158
obtaining via parents, 159
Citizenship and Immigration Services.
See CIS
Color depth, of photos, 154
Congressman, contacting, 75
Consulate addresses
foreign, in U.S., 87
165
U.S., 81
Criminal record, 102. See also Police
certificate
D
Dates. See Deadlines
Deadlines
DV-2005, 14
DV-2006, 15
DV-2007, 16, 78
Dedicated Green Card Lottery Sites, 45
Dependents
as primary applicant, 37
birth certificates for, 84
by previous marriage, 68
definition of, 159
registration instructions, 33, 35
rules for, 12, 69
Dictionary of Occupational Titles, 67
Disclaimer, 4, 57
Disqualified, reasons for, 38–39
Diversity, 10
Diversity visa lottery. See Green Card
Lottery
Documents. See also Forms
filing with CIS, 99
if unobtainable, 89
originals versus copies, 82
required, 84–90
translated versus non-translated, 90
DS-169, 82
DS-1884, 112
DS-230, 86
DS-230 Part I, 82, 86, 90
DS-230 Part II, 83, 90
DS-5501, 25
DV- symbol, explanation, 11
DV-2004
lottery visas by country, list of, 137
low admission countries, list of, 64
registration dates, 12
DV-2005
important dates, 14, 78
lottery visas by country, list of, 133
DV-2005, DV-2004
lottery visas by region, list of, 131
DV-2006
visa eligible countries, list of, 60–62
visa ineligible countries, list of, 62
DV-2007
registration dates, 2, 12
E
EasyVisaUSA.com, 47
Education
eligibility requirements, 66
G.E.D., 67
graduation dates and registration, 66
proof of, 84
EDV. See Electronic Diversity Visa
Registration
Electronic Diversity Registration (EDV),
6, 160
Eligibility, 160. See also Chargeability
birth country, 27, 66
education, 66
general requirements, 6, 65
work experience, substitution of, 67
Embassy addresses
U.S., 81
Employment-based green cards
fifth preference (E-5), 113
first preference (E-1), 110
fourth preference (E-4), 112
second preference (E-2), 111
third preference (E-3), 111
Entrepreneur, alien, 113
ETA-750A, 113
ETA-750B, 113
Europe, 59
Executives and managers, 111
GLOSSARY
167
Expedite program, 80
Extraordinary ability, persons of, 110
F
Family. See also Dependents
definition of, 157
immediate, definition of, 161
rules for, 12, 68–70
Family-based green cards
fourth preference (F-4), 108
second preference (F-2), 107
third preference (F-3), 108
Family-based green cards, 107
first preference (F-1), 107
Fees
application for travel, 18
CIS filing fee, 100
diversity visa processing, 83
immigrant diversity visa issuance, 83
motion to reopen, 102
visa application, 83, 108
Financial support
and Form I-134, 88
Foreign Consulates
definition of, 160
Foreign Student Advisor, 160
Forms
DS-169, 82
DS-1884, 112
DS-230 Part 1, 82
DS-230 Part I, 86
DS-230 Part II, 83
DS-5501, 25
ETA-750A, 113
ETA-750B, 113
G-325, 99
I-102, 99
I-130, 107
I-131, 18, 98, 100
I-134, 89
I-140, 110
I-140, 113
I-360, 112
I-485, 97, 98, 99
I-526, 113
I-551, 9
I-601, 95, 101
I-765, 98, 100
I-797, 107
I-94, 96, 98
lottery registration, 25, 115
Packet 3, 81
Packet 4, 83
G
G-325, 99
General Equivalence Degree (G.E.D.),
67
Green card. See also Permanent
resident
benefits, 17
definition of, 160
description, 9
employment-based, 110
family-based, 107
holder, 8
limitations, 17
renew in 10 years, 18
travel restrictions, 18
Green card lottery. See also Deadlines.
See also Eligibility
description, 10
overview, 5
winners, numbers of, 11
GreencardExperts.org, 48
Greencardlottery.us, 47
H
High admission countries, 63
definition of, 160
High school. See Education
I
I-102, 99
I-131, 18, 98, 100
I-134, 89
I-140, 110, 113
I-485, 97, 98, 99
I-526, 113
I-551, 9
I-601, 95, 101
I-765, 98, 100
I-94, 96, 98, 99
ICE, 158
Illegal alien
contacting congressman, 75
entering the lottery, 73, 74
Immigrant
definition of, 161
Immigrant petitions, pending, 73
Immigrant visa. See also Green card
application fee, 83
applying for, 81–95. See also
Adjusting status
Consular denials, reasons for, 93–95,
102–3
definition of, 161
documents, required, 84
interview, 90–92
issuance fee, 83
other types, 106
Immigrant, petitioning, 107
Immigration attorney. See Attorney
Immigration Law Firms, 45
Inadmissible, 90, 102–3, 114, 161
INS, 21
INSExperts.com, 48
International organizations, employees,
112
Interview
with CIS, 100–102
with U.S. Consulate, 90–92
K
Kentucky Consular Center, 37, 81
contacting, 98
definition of, 161
L
Labor certification, 113
Limited visas, 107
Lottery. See Green card lottery
Lottery registration
dates. See Registration dates
Lottery scams, 41
red flag text, 42
Lottery services
advantages and disadvantages, 39
classifications, 45
rankings, 54
review criteria, 49
review disclaimer, 57
reviews, 44–57, 56
top choices, 46
Low admission countries, 62–64
definition of, 161
DV-2004, list of, 64
examples, 63
M
Mail-in period. See Registration dates
Marriage certificate, 85
Medical examination, 91, 108
Medical inadmissibility, 103
Medical waivers, 95
Military service, 88
Motion to Reopen, 102
Multiple entries, 36
N
National Visa Center
contacting, 19
definition of, 161
NationalVisaService.com, 46
Native, 70
definition of, 162
Naturalization
definition of, 162
Nicaraguan and Central American Relief
Act (NACARA), 10
GLOSSARY
169
Non-immigrant visas, 106
North America, 59
O
Occupations
list of, 121
Oceania, 59
Out of status
and ineligibility, 78
greater than 180 days, 74
greater than one year, 74
illegal employment, 74
Outstanding professors, 110
Overseas employees, 112
P
Packet 3, 81, 96
Packet 4, 83, 90
Panama Canal Company, employees,
112
Parent
instructions for, 69
Passports, 85
Permanent resident, 8, 162. See also
Green card
Petitioning immigrant, 107
Photographs
brightness and contrast, 146
color depth, 154
Consular requirements, 86
head position, 145
image formats, 154
image size, 155
lighting, 142
print size, 143
problems with, 38, 93
scanning, 155
standards for, 141–56
Police certificate
countries not supplying, list of, 87
example, 88
supplying, 86
Primary applicant, 162
death of, 70
Priority workers, 110
Professionals, advanced degree, 111
Professionals, baccalaureate degree,
112
R
RapidImmigration.com, 47
Regions
about, 59
allocations, 11, 131
Registration
definition of, 162
detailed instructions, 25–44
forms, 115
general instructions, 6–8
multiple entries, 36, 38
reasons for rejection, 38–39
Registration dates. See also Deadlines
DV-2004, 12
DV-2005, 12, 14
DV-2006, 12, 15
DV-2007, 2, 12, 16, 36
Relative. See Family
Religious workers, 112
Removable
definition of, 162
Removal
definition of, 163
proceedings, and due process, 75
Report
Lottery Services Reviews, 56
Requirements. See Eligibility
Residences
after age 16, 86
Rules of Chargeability. See
Chargeability
S
Scanning photos, 155
Schumer visa lottery, 11
Secondary school. See Education
Skilled workers, 112
Social security card
obtaining, 83, 109
South America, 60
Sponsor
by dependent, 69
definition of, 163
of elderly parent, 69
Spouse
applying separately, 36, 68
children of, 68
divorced or separated, 35
registration instructions, 34
State Department
Bureau of Consular Affairs, 20
Visa Service, 95
web site, 19
Stateless
definition of, 163
Status. See Adjusting status
T
Tip
do not wait until the last week to
register, 36
TIP
adjust status immediately, 37
adjusting status with violation, 65
charge to low admission country, 63
compare DS-230 with passport, 86
contact lottery service before using,
40
file for immigrant visa overseas, 80
file in person, 99
find a friend to sign I-134, 89
getting overseas documents, 80
illegal alien lottery winners, 74
illegal employment under 180 days,
74
out of status with previous immigrant
petition, 73
process waiver application before
your interview, 91
provide original docs, 83
register spouse separately, 35
use a US address if you have poor
mail service, 30
use Rules of Chargeability, 66
validate passport past 6 mo minimum,
86
Trades
list of, 121
U
U.S. armed forces, 112
U.S. Embassies and Consulates
contacting if you win, 77
Unlimited visas, 107
Unmarried applicants, 69
Unmarried children. See Dependents
usagcls.com, 48
Using this booklet, 3
V
Vaccination certificates, 85
Visa Bulletin, 20
Visa checklist, 82
Visa eligible countries
DV-2006, list of, 60–62
Visa ineligible countries
DV-2006, list of, 62
Visa qualifying countries. See Visa
eligible
Visa Sites, 45
VisaLaw.com, 48
VisaPro.com, 47
Visas
allocations by country, 133, 137
allocations by region, 131
limited, 107
other types, table of, 105
unlimited, 107
Waiver of inadmissibility, 114
GLOSSARY
171
W
Waiver of inadmissibility, 94, 101, 103
denial and due process, 95
Winners, final numbers of, 11
Winning notices
next steps, 37
Winning notices, numbers of, 77
Work experience. See also Eligibility

Win the Green Card Lottery! : The COMPLETE Do-It

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