1. What is meant by the word “native”? Are there any grounds for registration of persons born in countries whose residents are not eligible to participate in the lottery?
A “native” is, as a rule, a person born in a certain country, and this person may currently reside in another country or be a citizen of it. However, in relation to immigration, the word “native” may also mean a person who, according to the provisions of section 202(b) of the U.S. Immigration and Nationality Act, is entitled to be charged to a country other than that in which he or she was born.
For example, if the principal applicant was born in a country whose residents are not eligible to participate in the lottery this year (for example, Russia), he or she may claim to be charged to the country of birth of his or her spouse. However, that person will be issued a DV-1 visa only if his or her spouse is also eligible to participate in the lottery and has received a DV-2 visa, and both spouses must enter the United States together on a DV visa. Similarly, a minor dependent may be charged to the country of birth of a parent.
Finally, any applicant born in a country whose residents are not eligible to participate in the lottery this year may be charged to the country of birth of either parent, provided that neither parent was a resident of a country whose residents are not eligible to participate in the lottery this year at the time of the applicant’s birth. Persons who were not born in a country and have not acquired its citizenship are generally not considered residents of that country if they visited it temporarily or were sent there for business or professional reasons.
An applicant wishing to take advantage of such alternative charging must indicate this in his or her application.
2. Has the procedure for applying for a DV visa changed? Are there any new requirements?
All entry forms for the DV-2005 lottery must be submitted electronically at dvlottery.state.gov from Saturday, November 1, 2003 through Tuesday, December 30, 2003. Paper entry forms will not be accepted.
The State Department introduced an electronic registration system to increase the efficiency and reliability of the Diversity Visa program. The State Department will use special technology and other means to identify applicants who have committed fraud for the purpose of illegal immigration, or those who have submitted more than one entry form.
The signature requirement on the DV entry form has been eliminated. Another important innovation is that, unlike last year, natives of Russia will not be able to apply for the program.
3. Are signatures and photographs of each family member required, or is it sufficient to have the signature and photograph of the principal applicant?
The electronic entry form for the Diversity Visa program does not require signatures. Recent individual photographs of the applicant, his or her spouse, and all children are required. Family and group photographs are not accepted.
4. Why are residents of some countries not eligible to participate in the DV program?
The purpose of the DV program is to provide an opportunity for persons from countries that are not the principal source of immigration to the United States to move to the United States. Under current law, DV visas are not available to residents of countries with high rates of immigration to the United States, i.e., those from which more than 50,000 persons have immigrated to the United States during the previous five years on visas issued based on family ties or employment. To determine which countries are not eligible for the annual DV lottery, the Bureau of Citizenship and Immigration Services calculates the number of immigrants who arrived over the previous five years each year. The list of countries not eligible for the lottery may change from year to year, as the decision is made before each application period.
5. What are the numerical limits for visa issuance under the DV-2005 program?
By law, up to 55,000 immigrant visas are available each year to eligible persons under the DV program. However, the Nicaraguan and Central American Relief Act (NCARA), passed by Congress in November 1997, provides that beginning with the DV-99 program and as long as necessary, 5,000 of the 55,000 visas will be allocated to the NCARA program. The actual reduction of the limit to 50,000 began with the DV-2000 program and continues through the DV-2005 program.
6. What are the regional limits for visa issuance under the DV-2005 program?
The Bureau of Citizenship and Immigration Services determines the annual regional limits for DV visa issuance based on a formula set forth in section 203(c) of the Immigration and Nationality Act. The regional limits are announced after calculations are made by the aforementioned Bureau.
7. During what period will the annual registration for the DV-2005 lottery be conducted?
The registration period for DV-2005 entries will begin on Saturday, November 1, 2003, and will last 60 days through Tuesday, December 30, 2003. Every year, millions of entry forms are received during the registration period. Because of their vast number, a large amount of work is required to conduct the lottery and process the documentation of computer-selected candidates. Holding the registration during November and December will ensure more timely notification of candidates. Thus, both they and our embassies and consulates abroad will have more time to prepare and complete the visa processing.
8. Can persons who are in the United States participate in the lottery?
Yes, applicants may be in the United States or abroad, and application forms may be submitted in the United States or in any other country.
9. May each spouse submit a separate application form?
Yes, both husband and wife may submit separate application forms to enter the lottery if each spouse meets its requirements. If either spouse's application form is selected by computer, the other spouse will be eligible for a visa as a family member.
10. Which family members must be included in the application form for a DV visa?
On the application form, you must list your spouse and all unmarried children under age 21, except children who are already U.S. citizens or lawful permanent residents. You must list your spouse even if you are living apart. However, if you are legally divorced, you do not need to list former spouses. You must list all of your unmarried children under 21, regardless of whether they are your biological children, your spouse's children from a previous marriage, or your adopted children adopted in accordance with the law, except those who are already U.S. citizens or lawful permanent residents. List all children even if they do not currently live with you or you do not intend to include them as family members immigrating under the DV program.
Listing family members on the application form does not mean that they will have to leave with you in the future. They may choose to stay. However, if you list a close family member on the visa application who was not included in the initial application, you may be disqualified. (This applies only to those who were family members at the time the initial application was submitted, not to those who become family members later.) Your spouse may submit a separate application form even if they are listed on yours, provided that all close family members are fully listed on both application forms.
11. Must each applicant submit the application form personally, or may someone else do so on his or her behalf?
Applicants may prepare and submit applications themselves; they may also authorize other persons to do so on their behalf. Regardless of whether the application form is submitted directly by the applicant or with the assistance of a lawyer, friend, relative, etc., only one application form may be submitted on behalf of one person. Only one notification will be sent for each winning application, and only the address indicated on it will be used.
12. How will winners be determined?
At the Consular Center in Kentucky, all applications received from each geographic region will be assigned individual numbers. After the application submission period ends, a computer will conduct a random selection of applications received from each geographic region. The first application registered will be the first one randomly selected by computer from among the applications received from that geographic region; the second application selected in this manner will be registered second, and so on. All applications received during the registration period will have an equal chance of being selected within their region. After selection and registration of the application form, the Consular Center will promptly send the applicant a notification letter containing instructions on how to apply for a visa. The Consular Center will continue processing the application form until all winners under this number have been scheduled for a visa interview at a U.S. consular post, or until persons eligible to do so file an application to adjust status in the United States with a U.S. Citizenship and Immigration Services office in the United States.
13. May winners apply to the Bureau of Immigration and Naturalization and change their status in the United States?
Yes, provided they meet all the criteria that make them eligible for this status change, selected applicants who are physically present in the United States may apply to the Bureau of Citizenship and Immigration Services (BCIS) to adjust their status to that of lawful permanent residents of the United States. Applicants must enable the Bureau of Citizenship and Immigration Services to complete processing of their applications, including processing of documents for relatives living abroad, by September 30, 2005, because the DV-2005 program expires on that day. After midnight on September 30, 2005, visas under the DV-2005 program will not be issued under any circumstances.
14. Will participants who did not win the immigration lottery be informed?
No, applicants whose applications were not selected will not receive notification. Notifications will be sent only to those whose applications were selected. All notification letters will be mailed within approximately six months after the end of the application submission period. Applicants who do not receive such a letter may assume that their application was not selected.
15. How many applicants will be selected?
For fiscal year 2005, 50,000 DV visas have been allocated, but more applicants will be selected. This is because there is a possibility that some of the first 50,000 registered applicants will not complete the process, i.e., obtain a visa. The consular center will select more than 50,000 applications in order to ensure that all DV lottery opportunities are used. This, however, also means that there may not be enough visas available for all those initially selected. All selected applicants will be promptly notified of their rank number on the list. Interviews with lottery winners will begin in early October 2004. The consular center in Kentucky will send letters to selected applicants indicating the date of the interview with U.S. consular officials abroad 4-6 weeks before that date. During each month, visas (depending on availability) will be issued to applicants who are ready to receive them in that month. After all 50,000 DV visas have been issued, the program for that year will end. Theoretically, all 50,000 visas could be distributed before September 2005. Selected applicants wishing to receive visas must be prepared to act promptly. The fact that your application was selected by the computer of the consular center in the DV lottery does not yet guarantee that you will automatically receive a visa to enter the United States.
16. Does the DV program set a minimum age for participation in the lottery?
There is no minimum age for participation in the lottery. However, in practice, the fact that at the time of application the principal applicants must have a secondary education or certain work experience provides grounds for disqualifying most applicants under 18 years of age.
17. Is there a special fee for participating in the DV lottery?
Submitting an application to participate in the lottery is free of charge. A processing fee will later be charged to those whose applications have actually been selected in the lottery and are being processed at a U.S. consular section as part of that year's lottery. Applicants for the DV lottery, like everyone wishing to immigrate to the United States, must pay the usual visa application fee. Detailed information on fees will be attached to the instructions that the Consular Center will send to selected applicants.
18. If I have already filed a petition for an immigrant visa to the United States under another category and it has been registered, may I participate in the DV program?
Yes, you may also apply for a DV visa.
19. My application was selected in the lottery. How long will my eligibility to apply for a DV category visa remain valid?
Persons selected in the DV-2005 lottery have the right to apply for a visa only during fiscal year 2005, i.e., from October 2004 through September 2005. Applicants must obtain a DV visa or adjust their immigration status by the end of the fiscal year (September 30, 2005). If persons whose applications were selected do not receive their visas by the end of fiscal year 2005, their rights under the DV program are not retained and are not carried over to the next fiscal year. In addition, spouses and children of applicants whose immigration status resulted from selection in the DV-2005 program may receive DV category visas only between October 2004 and September 2005. Applicants who sent their application forms from abroad will receive a letter from the Consular Center in Kentucky notifying them of the interview date 4-6 weeks in advance.
Source of information: official website of the U.S. Department of State usinfo.state.gov