Immigration and the Diversity Lottery Program

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One path to an immigrant visa is the Diversity Lottery Program. Each year, 50,000 immigrant visas are made available through a lottery program, which is open to people from countries with low rates of immigration to the US. The US State Department runs the lottery, which was created under the Immigration and Nationality Act (INA).

A lottery winner is allowed to complete the visa application process. If a visa is issued, he can apply for permanent residence. Permanent residence is sought after because it allows an immigrant to live and work in the US on a permanent basis.

Who Can Enter the Diversity Lottery?

Included Countries

The US Department of State determines which countries are included in the lottery, and the list can change from year to year. Your native country won't be on the list if it has sent more than 50,000 immigrants to the US in the past five years.

Individual Eligibility Requirements

There are individual eligibility requirements for diversity lottery entry:

  • You or your spouse must be a native of an eligible country. You could also be eligible if one of your parents was born in a eligible country, and you were born elsewhere
  • You need to have a high school diploma or its equivalent, based on the US definition of successful completion of a 12-year course of study of elementary and secondary education or
  • You must have two years' worth of experience in a job that requires at least two years of training or experience to perform

Applying for the Diversity Lottery

The diversity lottery timeline has several stages. The timeline is similar from year to year. Here's the timeline for the DV-2010 lottery (the lottery is based on the fiscal year):

  • August 2008, US Department of State issued lottery application instructions
  • Registrations were submitted, electronically, from noon, Eastern Standard Time (EST), Thursday, October 2, 2008 until noon, EST, on December 1, 2008
  • Notification letters are mailed to lottery winners between May and July 2009
  • Upon processing, diversity visas will be issued between October 1, 2009, and September 30, 2010

Completing the Lottery Application

The instructions for completing the lottery application are detailed, and it's very important to follow them precisely. If you don't follow the instructions exactly, your application, like millions each year, won't be accepted. Electronic entry was the only way to enter the DV-2010 lottery. Applicants must provide personal information and entry photographs. There are photograph specifications you'll have to meet, or your application will be rejected.

Starting in July 2009, applicants can check the status of their entries online. Watch the US Department of State Web site in the summer for lottery application information for the next lottery. Instructions for the next year's lottery typically come out in each August.

There aren't any fees to enter the lottery, but if you win, you'll have to pay immigrant visa fees and a visa lottery surcharge. Current visa fees can be found on the US Department of State Web site.

Lottery Success Doesn't Guarantee You a Visa

There are more applicants selected in the lottery than there are diversity visas available. It's expected that some lottery winners won't complete the process. Diversity visas are issued monthly, and processing for a given year stops when 50,000 diversity visas are issued.

While the diversity lottery offers the chance to secure visas for yourself, your spouse and your minor children, winning the lottery doesn't guarantee that visas will be issued. If you're selected in the lottery, you'll be notified by mail, at the address listed on your application. Notice is not made via e-mail, and there have been cases of fraud, so watch out. The notice will include visa application instructions. You'll then get a notice for your visa interview appointment, about four to six weeks before the interview date. So, be prepared to act on your application.

Questions for Your Attorney

  • I know accuracy is very important for my diversity visa lottery application. Can you review my application information for accuracy?
  • Can my spouse and I both apply for the lottery, and what's the status of a spouse and children if a lottery winner dies before the diversity visas are issued?
  • If I get a diversity visa, I still have to show proof that I won't become a public charge once in the US, right? What kind of proof is needed - do I have to have a certain amount of assets or a job as well?

Related Resources on Lawyers.comsm
- Immigrant Visa FAQ
- Immigration articles and information
- Find an Immigration Law lawyer in your area
- Visit the Immigration US Issues message boards for more help

Web Resources
- US Citizenship and Immigration Services, Diversity Lottery information
- US Department of State Diversity Visa Lottery information


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