FREQUENTLY ASKED QUESTIONS ABOUT VISA LOTTERY REGISTRATION
1. WHAT DOES THE TERM "NATIVE" MEAN? ARE THERE ANY
SITUATIONS IN WHICH PERSONS WHO WERE NOT BORN IN A QUALIFYING COUNTRY MAY APPLY?
"Native" ordinarily means someone born in a particular country,
regardless of the individual's current country of residence or nationality. But
"native" can also mean someone who is entitled to be "charged" to a
country other than the one in which he/she was born under the provisions of Section 202(b)
of the Immigration and Nationality Act.
For example, if a principal applicant was born in a country that is not eligible
for this year’s DV program, he/she may claim "chargeability" to the country
where his/her derivative spouse was born, but he/she will not be issued a DV-1 unless the
spouse is also eligible for and issued a DV-2, and both must enter the U.S. together on
the DVs. In a similar manner, a minor dependent child can be "charged" to a
parent’s country of birth.
Finally, any applicant born in a country ineligible for this year’s DV
program can be "charged" to the country of birth of either parent as long as
neither parent was a resident of the ineligible country at the time of the applicant’s
birth. In general, people are not considered residents of a country in which they were not
born or legally naturalized if they are only visiting the country temporarily or stationed
in the country for business or professional reasons on behalf of a company or government.
An applicant who claims alternate chargeability must include information to that
effect on the application for registration (See number 3 of the
application information items in this Visa Bulletin.), and must show the native
country claimed on the upper left hand corner of the envelope in which the registration
request is mailed, or the entry will be disqualified.
2. ARE THERE ANY CHANGES OR NEW REQUIREMENTS IN THE APPLICATION
PROCEDURES FOR THIS DIVERSITY VISA REGISTRATION?
The information required on the entry and on the envelope in which it is sent is specified in detail earlier in
this Visa Bulletin. Photos must conform to the specifications.
Qualifying work experience will be defined
by the Department of Labor's O*Net OnLine database, and no longer by the Dictionary of
Occupational Titles.
3. ARE SIGNATURES AND PHOTOGRAPHS REQUIRED FOR EACH FAMILY MEMBER, OR
ONLY FOR THE PRINCIPAL APPLICANT?
Only the principal applicant is required to personally sign the entry. Recent
and individual photos of the applicant, his/her spouse and all children are required.
Family or group photos are not accepted. Check the information on the
signature and photo requirements in this bulletin.
4. WHY DO NATIVES OF CERTAIN COUNTRIES NOT QUALIFY FOR THE DIVERSITY
PROGRAM?
Diversity visas are intended to provide an immigration opportunity for persons
from countries other than the countries which send large numbers of immigrants to the U.S.
The law states that no diversity visas shall be provided for natives of "high
admission" countries. These countries are those from which a total of 50,000 persons
in the Family-Sponsored and Employment-Based visa categories immigrated to the United
States during the previous five years. Each year, the Immigration and Naturalization
Service (INS) adds the family and employment immigrant admission figures for the previous
five years in order to identify the countries whose natives must be excluded from the
annual diversity lottery. Because there is a separate determination made before each
annual DV entry period, the list of countries whose natives do not qualify may change from
one year to the next.
5. WHAT IS THE NUMERICAL LIMIT FOR DV-2004?
By law, the U.S. diversity immigration program makes available a maximum of
55,000 permanent residence visas each year to eligible persons. However, the Nicaraguan
and Central American Relief Act (NCARA) passed by Congress in November 1997 stipulates
that beginning as early as DV-99, and for as long as necessary, 5,000 of the 55,000
annually-allocated diversity visas will be made available for use under the NCARA program.
The actual reduction of the limit to 50,000 began with DV-2000 and remains in effect for
the DV-2004 program.
6. WHAT ARE THE REGIONAL DIVERSITY VISA (DV) LIMITS FOR
DV-2004?
The Immigration and Naturalization Service (INS) determines the DV regional
limits for each year according to a formula specified in Section 203(c) of the Immigration
and Nationality Act (INA). Once the INS has completed the calculations, the regional visa
limits will be announced.
7. WHEN WILL ENTRIES FOR THE DV-2004 PROGRAM BE ACCEPTED?
The month-long DV entry period begins each fall at noon on the first Monday in
October and lasts for 30 days. Each year millions apply for the program during the mail-in
registration period. The massive volume of entries creates an enormous amount of work in
selecting and processing successful applicants. Holding the entry period in the fall will
ensure successful applicants are notified in a timely manner, and gives both them and our
embassies and consulates more time to prepare and complete entries for visa issuance.
8. MAY PERSONS WHO ARE IN THE U.S. APPLY FOR THE PROGRAM?
Yes, an applicant may be in the U.S. or in another country, and the entry may be
mailed from the U.S. or from abroad.
9. IS EACH APPLICANT LIMITED TO ONLY ONE ENTRY DURING THE ANNUAL DV
REGISTRATION PERIOD?
Yes, the law allows only one entry by or for each person during each
registration period; applicants for whom more than one entry is submitted will be
disqualified. Applicants may be disqualified at time of selection as a successful
entrant, or at the time of the visa interview or at any time during the process if more
than one entry is detected. However, applicants may apply for the program each year during
the regular one-month registration period.
10. MAY A HUSBAND AND A WIFE EACH SUBMIT A SEPARATE ENTRY?
Yes, a husband and a wife may each submit one entry. If either were selected,
the other would be entitled to derivative status. Note: Husbands and wives may not sign
for each other. Each applicant must sign his or her own entry.
11. WHAT FAMILY MEMBERS MUST I INCLUDE ON MY DV ENTRY?
On your entry you must list your spouse, that is husband or wife, and
all unmarried children under 21 years of age, with the exception of a child who is already
a U.S. citizen or a Legal Permanent Resident. You must list your spouse even if you
are currently separated from him/her. However, if you are legally divorced, you do not
need to list your former spouse. For customary marriages, the important date is the date
of the original marriage ceremony, not the date on which the marriage is
registered. You must list ALL your children who are unmarried and under the age of 21
years, 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 even if they no longer reside with you.
The fact that you have listed family members on your entry does not mean that
they later must 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
original entry, your case will be disqualified. (This only applies to persons who were
dependents at the time the original application was submitted, not those acquired at a
later date.) Your spouse may still submit a separate entry, even though he or she is
listed on your entry, as long as both entries include details on all dependents in your
family. See question 10 above.
12. MUST EACH APPLICANT SUBMIT HIS/HER OWN ENTRY, OR MAY SOMEONE ACT
ON BEHALF OF AN APPLICANT?
Applicants may prepare and submit their own entries, or have someone submit the
entry for them. Regardless of whether an entry is submitted by the applicant directly, or
assistance is provided by an attorney, friend, relative, etc., only one entry may be
submitted in the name of each person. The applicant's original signature is
required on the entry, regardless whether it is prepared and
submitted by the applicant or by someone else. If the
applicant does not personally sign the entry in his/her native alphabet, the entry will be
disqualified. If the entry is selected, the notification letter will be sent only
to the mailing address provided on the entry.
13. WHAT ARE THE REQUIREMENTS FOR EDUCATION OR WORK EXPERIENCE?
The law and regulations require that every applicant must have at least a high
school education or its equivalent or, within the past five years, have two years
of work experience in an occupation requiring at least two years training or experience. A
"high school education or equivalent" is defined as successful completion of a
twelve-year course of elementary and secondary education in the United States or
successful completion in another country of a formal course of elementary and secondary
education comparable to a high school education in the United States. Documentary proof of
education or work experience should not be submitted with the lottery entry, but
must be presented to the consular officer at the time of the visa interview. To determine eligibility based on work experience,
definitions from the Department of Labor’s O*Net OnLine database will be used:
http://online.onetcenter.org.
14. HOW WILL SUCCESSFUL ENTRANTS BE SELECTED?
At the Kentucky Consular Center, all mail received at each of the six
geographic regional addresses will be individually numbered. After the end of the
application period, a computer will randomly select entries from among all the mail
received for each geographic region. Within each region, the first letter randomly
selected will be the first case registered, the second letter selected the second
registration, etc. All entries received during the mail-in period will have an equal
chance of being selected within each region. When an entry has been selected, the
applicant will be sent a notification letter by the Kentucky Consular Center, which will
provide visa application instructions. The Kentucky Consular Center will continue to
process the case until those who are selected are instructed to appear for visa interviews
at a U.S. consular office, or until those able to do so apply at an INS office in the
United States for change of status.
15. MAY WINNING APPLICANTS ADJUST THEIR STATUS WITH THE INS?
Yes, provided they are otherwise eligible to adjust status under the terms of
Section 245 of the INA, selected applicants who are physically present in the United
States may apply to the Immigration and Naturalization Service (INS) for adjustment of
status to permanent resident. Applicants must ensure that INS can COMPLETE ACTION
on their cases, including processing of any overseas derivatives, before September
30, 2004, since on that date registrations for the DV-2004 program expire. No visa numbers
for the DV-2004 program will be available after midnight on September 30, 2004 under any
circumstances.
16. WILL APPLICANTS WHO ARE NOT ELECTED BE INFORMED?
No, applicants who are not selected will receive no response to their entry.
Only those who are selected will be informed. All notification letters are sent within
about nine months of the end of the application period to the address indicated on the
entry. Anyone who does NOT receive a letter will know that his/her application has not
been selected.
17. HOW MANY APPLICANTS WILL BE SELECTED?
There are 50,000 DV visas available for DV-2004, but more than that number of
individuals will be selected. Because it is likely that some of the first 50,000 persons
who are selected will not pursue their cases to visa issuance, more than 50,000 entries
will be selected by the Kentucky Consular Center to ensure that all of the available DV
visas are issued. However, this also means that there will not be a sufficient number of
visas for all those who are initially selected. All applicants who are selected will be
informed promptly of their place on the list. Interviews with those selected will begin in
early October 2003. The Kentucky Consular Center will send appointment letters to selected
applicants four to six weeks before the scheduled interviews with U.S. consular officers
at overseas posts. Each month visas will be issued, visa number availability permitting,
to those applicants who are ready for issuance during that month. Once all of the 50,000
DV visas have been issued, the program for the year will end. In principle, visa numbers
could be finished before September 2004. Selected applicants who wish to receive visas
must be prepared to act promptly on their cases. Random selection by the Kentucky
Consular Center computer does not automatically guarantee that you will receive a visa.
18. IS THERE A MINIMUM AGE FOR APPLICANTS TO APPLY FOR THE DV PROGRAM?
There is no minimum age to apply for the program, but the requirement of a high
school education or work experience for each principal applicant at the time of
application will effectively disqualify most persons who are under age 18.
19. ARE THERE ANY FEES FOR THE DV PROGRAM?
There is no fee for submitting an entry, and no fee should be
included with the entry sent to the mailing addresses indicated above. A special
DV case processing fee will be payable later by persons
whose entries are actually selected and processed at an U.S.
consular section for this year’s program. DV applicants, like other immigrant
visa applicants, must also pay the regular visa fees at the time of visa issuance. Details
of required fees will be included with the instructions sent by the Kentucky Consular
Center to applicants who are selected.
20. ARE DV APPLICANTS SPECIALLY ENTITLED TO APPLY FOR A WAIVER OF ANY
OF THE GROUNDS OF VISA INELIGIBILITY?
No. Applicants are subject to all grounds of ineligibility for immigrant visas
specified in the Immigration and Nationality Act. There are no special provisions for the
waiver of any ground of visa ineligibility other than those ordinarily provided in the
Act.
21. MAY PERSONS WHO ARE ALREADY REGISTERED FOR AN IMMIGRANT VISA IN
ANOTHER CATEGORY APPLY FOR THE DV PROGRAM?
