ANSWERS TO THE MOST FREQUENTLY ASKED QUESTIONS
1. What does the term "native" of a country mean? Are there any situations in which people not born in a country whose citizens are eligible to enter the lottery may apply?
The country that qualifies a person to enter the lottery usually coincides with the country of birth. This is not related to current place of residence. The term "native" usually means that a person was born in that country, regardless of the current country of permanent residence or citizenship. However, for immigration purposes, the term "native" may also mean a person who, in accordance with the provisions of Section 202(b) of the Immigration and Nationality Act, is eligible to be "charged" to a country other than the country of birth.
For example, if the principal applicant was born in a country whose citizens are not eligible for DV-2009 (e.g., Russia), he or she may be "charged" to the country where his or her spouse was born. However, a DV-1 visa will be issued to him only if his spouse is also eligible to enter the lottery and is issued a DV-2 visa, and both must enter the United States on those visas. Similarly, a minor dependent child may be "charged" to the country of birth of one of his or her parents.
Finally, any applicant born in a country whose citizenship does not qualify for DV-2009 may be "charged" to the country of birth of either parent, provided that at the time of the applicant's birth neither parent was a resident of a country whose citizenship does not qualify for DV-2009. In general, people are not considered residents of a country in which they were not born or were not naturalized lawfully if they reside in that country only temporarily or are assigned there for work by their employer or government.
An applicant who charges himself to a country other than the country of birth must provide the necessary information in the electronic registration application (item #6). In case of incorrect indication of the country that qualifies the applicant to enter the lottery or to which he is "charged" (i.e., if valid confirmation cannot be provided), the application may not be considered.
2. Have any changes or new requirements been made to the visa lottery application process this year?
All applications for DV-2009 must be submitted electronically at www.dvlottery.state.gov during the registration period. Paper applications will not be considered. To collect additional information, a number of questions and answer options have been added to the DV-2009 entry form.
* In which country do you currently reside?
* What is the highest level of education you have obtained? Select one of ten answer options indicating the highest level of education you have obtained: (1) only primary education, (2) some secondary education, (3) completed secondary education, (4) vocational education, (5) some university education, (6) completed university education, (7) some graduate education, (8) master's degree, (9) some doctoral education, and (10) doctoral degree.
* In the new form, the status "Divorced" has been replaced with "Legally divorced" as one of the options for marital status. The status "legally divorced" means that a court has officially declared you and your spouse divorced. This status means that your spouse is not eligible to immigrate with you.
3. Do I need to submit signatures and photographs for each family member or only for the principal applicant?
Signatures are not required on the electronic DV-2009 application form. It is necessary to submit recent photographs separately for the applicant, his or her spouse, and all children under 21 years of age. Family and group photos are not accepted. Photo requirements are in the instructions.
4. Why are natives of some countries not eligible for the DV-2009 visa lottery?
Diversity immigrant visas are intended to provide immigration opportunities to natives of all countries except those from which a large number of immigrants enter the United States. The law states that diversity immigrant visas should not be issued to natives of countries with "high admission rates." These are countries from which a total of 50,000 people immigrated to the United States in the last five years through family-sponsored and employment-based visas. The list of countries may change annually.
5. When will acceptance of applications for DV-2009 be completed?
The application period for DV-2009 coincides with the registration period. Each year during the registration period, millions of people submit applications for the lottery, creating a huge workload for selecting applicants and processing documents. Limiting registration to the period from October to December will allow timely notification of selected applicants and provide them, as well as embassies and consulates, time to prepare and complete the necessary documents for visa issuance. Applicants are strongly encouraged to register as soon as possible within the specified period. An excessive number of applications submitted late in the registration period may reduce system speed. Acceptance of applications will cease at noon (Eastern Standard Time) on Sunday, December 2, 2007.
6. Are people who are already in the United States eligible to enter the lottery?
Yes, the applicant may be in the United States or another country and apply from within the United States or from abroad.
7. Is there a rule that each applicant can submit only one entry for the visa lottery?
Yes, the law allows each person to submit only one entry. Applicants on behalf of whom more than one entry is received will not be registered. To identify those who submit multiple entries, the State Department will use modern technology and other means. In addition, anyone who submits more than one entry will not be allowed to participate in the lottery and their information will be permanently placed in an electronic database.
8. Can a husband and wife submit separate entries?
Yes, a husband and wife may each submit one separate entry, provided both are eligible for the lottery. In the husband's entry, the wife must be listed as a dependent, and vice versa.
9. Which family members should be listed in the visa lottery entry?
You should list your spouse and all unmarried children under 21, except those who are already U.S. citizens or lawful permanent residents. You must list your spouse even if you are currently living apart, provided you are not officially divorced (i.e., a court-recognized divorce decree has not been issued). If you are officially divorced, you do not need to list your former spouse.
You must list ALL of your children who are unmarried and under 21, regardless of whether they are your biological children, your spouse's children, or children officially adopted according to the laws of your country of residence, provided they are not U.S. citizens or lawful permanent residents. List all children under 21, even if they do not live with you or you do not plan for them to immigrate to the United States through the visa lottery.
The mere listing of family members in the entry does not mean they must later travel with you. They may stay behind if they wish. However, if you later list an eligible dependent on your visa application who was not listed on your lottery entry, your entry will be disqualified. This applies only to individuals who were family members at the time of the lottery entry. It does not apply to those who become family members later. Your spouse has the right to submit a separate visa application, even if their name was listed in your entry, provided that both the entry and the application provided detailed information about all dependents in your family.
10. Must each person submit an entry in person, or can someone else do it for them?
Applicants may prepare and submit entries themselves, or ask someone else to do it for them. Regardless of whether you submitted the entry in person or with the help of a lawyer, friend, relative, etc., the responsibility for the accuracy and completeness of the information provided rests with the applicant. If the entry is selected, the notification letter will be sent only to the mailing address listed in the entry.
11. What are the work experience or education requirements?
Laws and regulations require that the applicant have at least a high school education or its equivalent, or within the past five years have at least two years of work experience in an occupation that requires at least two years of training or experience. For purposes of the diversity visa, "high school education or equivalent" means successful completion of a 12-year course of elementary and secondary education in the United States, or successful completion of a formal course of elementary and secondary education in another country that is comparable to a high school education in the United States.
Documentary evidence of education or work experience must be presented to a consular officer at the visa interview. When determining eligibility based on work experience, definitions from the U.S. Department of Labor's O*Net Online database will be used.
12. How are winners of the visa lottery selected?
At the Kentucky Consular Center, all entries received from each region will be assigned individual numbers. After the registration period ends, a computer will randomly select a certain number of entries from each geographic region. Within each region, the first randomly selected entry will be considered the first selected, the second as the second, and so on. All entries received during the registration period have equal chances of being selected.
After selection, the Kentucky Consular Center will send the applicant a notification letter with instructions on the visa process. The Kentucky Consular Center will continue processing until selected applicants receive an appointment for a visa interview at a U.S. consulate or until individuals eligible to adjust status file an application with a U.S. Citizenship and Immigration Services office in the United States.
Important note: Selection notifications will not be sent by email. If you receive such a notification by email, you should know that it is not genuine.
13. Can selected applicants change their immigration status with the Citizenship and Immigration Services?
Yes, selected applicants who are physically present in the United States may apply to the Citizenship and Immigration Services to adjust their status to permanent residence if eligible under Section 245 of the Immigration and Nationality Act. Applicants must ensure that the Citizenship and Immigration Services completes processing of their case, including processing documents of any foreign dependents, by September 30, 2009 (since that is the end of the registration period for DV-2009 participants). After midnight on September 30, 2009, visa numbers allocated in DV-2009 will not be available under any circumstances.
14. Will applicants who are not selected be notified?
Applicants who are not selected will not be notified. All notification letters will be sent within 5-7 months after the end of the application period to the addresses provided. Anyone who does not receive a notification letter within this period should assume that their application was not selected.
15. How many people will be selected?
Under DV-2009, 50,000 visas will be allocated, but the number of selected individuals will be greater than this figure. This is because some of the first 50,000 people will likely not meet all requirements for visa issuance or receipt. The Kentucky Consular Center will select more than 50,000 applications to ensure all visas are distributed. This also means that not all initially selected applicants will receive visas. Those who are selected will be notified of their place in the list. Interviews for visa issuance under DV-2009 will begin in October 2008. The Kentucky Consular Center will send selected applicants invitation letters for an interview at the consular section of the U.S. Embassy 4-6 weeks before the scheduled date. Each month, visas will be issued (within the established maximum number) to applicants who are ready to receive them that month. After all 50,000 visas are issued, the program is considered complete. In principle, visas may be exhausted before September 2009. Selected entrants must be prepared to apply for a visa quickly. Random selection by the Kentucky Consular Center computer does not guarantee automatic visa issuance.
16. Is there a minimum age requirement for applicants?
There is no minimum age requirement for applicants, but the existing requirement of secondary education or work experience means that most people under 18 will not be able to participate in the lottery.
17. Is there any fee for participating in the visa lottery?
No fee is charged for submitting an electronic application for the visa lottery. Applicants only pay all necessary visa fees at the time of applying for the visa directly to the cashier at the U.S. consulate or embassy. Detailed instructions on fee payment will be provided among the instructions sent by the Kentucky Consular Center.
18. Are winners of the visa lottery exempt from any visa requirements?
No. All standard visa requirements established by the Immigration and Nationality Act apply to applicants. No exceptions to these requirements are provided.
19. Can persons already registered for an immigrant visa in another category participate in the visa lottery?
Yes, such persons may apply for this lottery.
20. For how long do selected applicants retain the right to apply for visas in this category?
Persons selected in DV-2009 have the right to apply for a visa only during the 2009 fiscal year, i.e., from October 1, 2008 to September 30, 2009 inclusive. Applicants must obtain a visa or change their status before the end of the fiscal year. The benefits provided by this lottery to selected persons who do not obtain a visa during the 2009 fiscal year are not carried over to the next year. Additionally, spouses and children who obtain status as a result of registration for DV-2009 can only receive visas in this category during the period from October 2008 to September 2009. Those who applied abroad will receive an invitation letter for an interview 4-6 weeks before the scheduled date.
21. Can I download and save the lottery application form on my computer and then fill it out?
No, you cannot save the form in any program format to fill out and submit later. This form will only exist as a web page, making it more universal than any word processor format. Additionally, the web page format implies that the form must be filled out and submitted in real time.
22. Will the electronic confirmation of receipt of the application for participation in the visa lottery via the Internet be sent immediately after submission?
The response from the visa lottery website confirming receipt of an acceptable entry form (E-DV Entry Form) is sent immediately. However, it is impossible to predict how long it will take for the response to reach the sender, due to the specific nature of the Internet. If a lot of time has passed after pressing the "Submit" button, you may send the application again. Pressing the "Submit" button again will not cause a database failure of the visa lottery, since confirmation of receipt of the application has not yet been received. The applicant may attempt to send the application as many times as necessary to complete the submission process and send the notice of receipt.
23. How can I verify the authenticity of the notification that I have been selected? How can I get confirmation that I have indeed been randomly selected as a winner of the visa lottery?
After selection by the computer program, winners are NOT notified by email. They are notified exclusively by letter sent by regular mail, during the period from May to July 2008, to the addresses indicated in the applications. Persons not selected by the computer program will NOT receive any notification. U.S. embassies and consulates will not be able to publish a list of lottery winners.
The notification letters contain instructions regarding the visa application process, and contain information about all fees associated with obtaining a visa (payment occurs exclusively at the U.S. embassy or consulate). The cashier or consulate employee will issue the applicant a receipt for the fee. Payments related to participation in the lottery should not be sent by regular mail, through Western Union, or any other delivery services.
24. If I succeed in obtaining a visa under the visa lottery program, will the U.S. government help purchase an airline ticket, provide assistance in finding housing and employment, or provide subsidies until full settlement in the country?
No, assistance in the form of paying for airline tickets, assistance in finding housing, or subsidies is not provided to applicants receiving immigrant visas of different nationalities. If you are selected to apply for a visa, before it is issued you will be required to submit evidence that you will not become a public charge in the United States. Evidence may be in the form of information about your personal assets, a letter of support (Form I-134) from a relative or friend living in the United States, and/or an offer of employment from an employer in the United States.
Prepared based on materials from
the Bureau of International Information Programs
of the U.S. Department of State.