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?
"Native" usually means that a person was born in a given country, regardless of their current country of permanent residence or citizenship. But for immigration purposes, the term "native" can also mean a person who, under 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 to participate in that year's visa lottery (for example, in Russia), they may "charge" themselves to the country where their spouse was born (for example, Ukraine). Also, any applicant born in a country whose natives are not eligible to participate in that year's visa lottery 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 natives are not eligible to participate in that year's visa lottery.
An applicant who claims a country other than their country of birth must provide the necessary information for this in the registration application.
Has the procedure for submitting a visa lottery application changed this year?
All applications for the 2007 visa lottery must be submitted electronically via the website www.dvlottery.state.gov during the period from Wednesday, October 5, 2005, through Sunday, December 4, 2005. Paper applications are not accepted.
In conducting last year's lottery, the State Department used an electronic registration system to make registration more efficient and secure. Special technologies and other measures are used to detect applicants who resort to fraud for the purpose of illegal immigration or who submit multiple applications.
Are signatures and photographs required for each family member or only for the principal applicant?
Signatures are not required on the electronic visa lottery application form. Recent photographs must be submitted separately for the applicant, their spouse, and all children under the age of 21. Photograph requirements are provided in the instructions.
Why are natives of some countries not eligible to participate in the 2007 visa lottery?
Diversity immigrant visas are intended to provide immigration opportunities to people from all countries except those from which a large number of immigrants already enter the United States. The law states that diversity immigrant visas shall not be issued to natives of countries with a "high admission rate." This refers to countries from which a total of 50,000 people have immigrated to the United States over the past five years on family and employment visas. Each year, U.S. Citizenship and Immigration Services calculates the number of immigrants who entered the country on family and employment visas over the previous five years and determines the countries whose natives are not eligible to participate in the next visa lottery. Because the list of countries whose natives are not eligible to participate in the lottery is reviewed anew each year before the registration period begins, it may change from year to year.
How many people in total may enter the United States through the 2007 visa lottery?
By law, no more than 55,000 visas for permanent residence may be issued each year under the diversity immigrant visa lottery. However, the Nicaraguan Adjustment and Central American Relief Act, passed by Congress in November 1997, stipulates that, beginning with the 1999 visa lottery and for as long as necessary, 5,000 of the visas issued annually must be allocated to citizens of those countries. Thus, since 2000, the maximum number of visas issued has been reduced to 50,000 and remains at that level for now.
Can people in the United States participate in the 2007 visa lottery?
Yes, an applicant may be in the United States or another country and submit an application from the United States or from abroad.
Is there a rule that each applicant may submit only one application for the visa lottery?
Yes, the law permits each applicant to submit only one application during each registration period. Applicants on whose behalf more than one application is submitted will not be registered. The State Department will use sophisticated technologies and other means to identify those who submit multiple applications. Applicants who submit more than one application will not be allowed to participate in the lottery, and a corresponding permanent record will be made in the State Department's electronic database. Applicants may apply for the lottery each year during the regular registration period.
Can husband and wife submit separate applications?
Yes, husband and wife may each submit a separate application if both are eligible to participate in the lottery. If one spouse is selected, the other spouse also receives the right to enter the United States based on their status as a dependent.
Must each applicant submit their own application, or can someone act on the applicant's behalf?
Applicants may prepare and submit their own applications, or someone may submit an application on their behalf. Regardless of whether the application is submitted directly by the applicant, or assistance is provided in the process by a lawyer, friend, relative, etc., only one application may be submitted on behalf of each person. If this application is selected, a notification letter will be sent only to the mailing address specified in the application.
What are the education or work experience requirements?
The law and regulations require that each applicant have at least a secondary school education or its equivalent, or have worked for two of the last five years in an occupation requiring at least two years of training or experience. “Secondary school education or its equivalent” is defined as the successful completion of a 12-year course of elementary and secondary education in the United States of America, or the successful completion in another country of a formal course of elementary and secondary education comparable to secondary school education in the United States. Documentary evidence of education or work experience should not be submitted with the initial lottery entry, but must be presented to a consular officer at the time of the visa interview. To determine eligibility with respect to work experience, definitions from the U.S. Department of Labor’s O*NetOnLine database are used.
How are winners selected?
At the Kentucky Consular Center, all applications received from each region are assigned an individual number. After the registration period ends, a computer selects applications by a random algorithm from all those received for each geographic region. Within each region, the first randomly selected application is assigned No. 1, the second selected application becomes second, and so on. All applications received during the registration period will have an equal chance of being selected within each region.
When an application is selected, the applicant will be sent a notification letter from the Kentucky Consular Center outlining instructions on how to apply for a visa. The Consular Center will continue processing each application until selected individuals are asked to appear for a visa interview at a U.S. consular section, or until those who are eligible to do so apply to U.S. Citizenship and Immigration Services to adjust their status.
Can lottery winners adjust their status with U.S. Citizenship and Immigration Services?
Yes, provided that selected applicants who are physically present in the United States have the right to adjust status under the provisions of Section 245 of the Immigration Act. They may apply to U.S. Citizenship and Immigration Services (USCIS) to be granted lawful permanent resident status. Applicants must ensure that USCIS is able to complete action on their cases, including processing any new information received from other countries, by September 30, 2007, because on that day the registration expires. Under no circumstances may immigrant visa numbers be issued under this program after midnight September 30, 2007.
Will applicants who are not selected be notified?
No, applicants who are not selected will not receive any response to their application. Only those selected will be notified. All notification letters are sent approximately five to seven months from the time of application submission to the address specified in the application. Given that only selected applicants receive notifications, anyone who does not receive a letter within five to seven months from the end of the registration period should assume that their application was not selected.
Is there a minimum age for visa applicants?
There is no minimum age to participate in the program; however, the requirement of a secondary school education or work experience for each principal applicant at the time of application effectively disqualifies most individuals under 18 years of age.
Is there any fee for participating in the program?
There is no fee for submitting documents for participation in the lottery. A specific processing fee for certain documents will be charged later to individuals whose applications are selected by a U.S. consular section and processed under this year's program. Applicants, like other immigrant visa applicants, must also pay regular visa fees when applying for the visa. Detailed information about the required fees is included in the instructions sent by the Kentucky Consular Center to selected applicants.
Are applicants entitled to request waivers of any grounds for visa ineligibility?
No. All provisions on ineligibility for immigrant visas stipulated in the Immigration and Nationality Act apply to applicants. There are no special provisions for waiving grounds for visa denial other than those generally provided for in the said Act.
Can individuals already registered for an immigrant visa in another category participate in the DV program?
Yes, such individuals may apply to participate in this lottery.
For how long do selected applicants retain the right to apply for visas in this category?
Persons selected in the 2007 visa lottery are eligible to apply for visas only in fiscal year 2007 - from October 2006 through September 2007 inclusive. Applicants must obtain a visa or adjust their status by the end of the fiscal year (September 30, 2007). There is no carryover of the benefits of this lottery to the next year for persons who are selected but do not receive visas during fiscal year 2007. In addition, spouses and children who obtain derivative status as a result of registration in this lottery may receive only visas in this category from October 2006 to September 2007. Applicants who apply abroad will receive a letter of inclusion in the program from the Kentucky Consular Center four to six weeks before the scheduled appointment.
Can I download and save the lottery form to my computer and then fill it out?
No, you will not be able to save the application to fill it out and submit it later. In addition, the information must be filled in and submitted in real time.
The application is designed to be completed and submitted in one session. However, since it consists of two parts, given possible interruptions and delays in the Internet network, the system processes applications within 60 minutes. If more than 60 minutes have passed and the application is not completed, the information received up to that point is neither transmitted nor saved.
Will electronic confirmation of receipt of the completed application be sent immediately after its submission?
A response confirming receipt of an acceptable application is sent by the website immediately, but the time required for the response to reach the sender is unpredictable due to the nature of the Internet. If a long time has passed since pressing the "Submit" button, you can press the button again. The system will not crash in a situation where the "Submit" button is pressed a second time because no confirmation response was received. The applicant may attempt to submit the application as many times as necessary until a complete application is received and a confirmation notice is sent.
Translation by the Bureau of International Information Programs of the U.S. Department of State.