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The Department of State has announced the procedures
for the next Visa Lottery. Detailed information is
available on the Department of State website at:
http://travel.state.gov/pdf/DV_2013_instructions.pdf
The Visa Lottery enables 50,000 individuals from
most countries of the world an opportunity to obtain
a green card provided they meet certain minimal
qualifications. In addition, they must not be
“excludable” from the U.S. as a result of such
factors as criminal record, immigration violations,
etc. For fiscal year 2013, 50,000 DVs will be
available.
Applicants are chosen by a computer-generated random
drawing after submitting a simple application and
photograph via an online system established by the
State Department.
For DV-2013, natives of the following countries are
not eligible to apply because they sent a
total of
more than 50,000 immigrants to the U.S. in the
previous five years:
BANGLADESH, BRAZIL,
CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN
REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI,
INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, PHILIPPINES,
SOUTH KOREA, UNITED KINGDOM (except Northern
Ireland) and its dependent territories, and VIETNAM.
Persons born in Hong Kong SAR, Macau SAR, and Taiwan
are eligible.
For DV-2013, natives of South Sudan and Poland are
now eligible
A "native" is a person born in a country, or
entitled to be "charged to" the country under the
rules of "alternate chargeability." Under the rules
of alternate chargeability, an alien applicant born
in an ineligible country may "use"
·
the country of birth of his or her spouse, if the
alien applicant is married to a native of an
eligible country-provided the spouse is eligible for
a visa and will immigrate to the U.S. with the
applicant; or
·
the country of birth of either parent, if the alien
applicant was born in a country in which neither of
his or her parents had established a residence at
the time of the applicant's birth.
The spouse or children (a "child" is an unmarried
person under 21 years of age) of a successful
applicant will also be eligible for immigrant
status, regardless of their place of birth.
Starting May 1,
2012, all entrants, including those that were NOT
selected, can check the status of their entry
through the Entrant Status Check on the E-DV website
www.dvlottery.state.gov in order to
find out whether their entry was selected or not.
If selected, applicants will be instructed to apply
for an immigrant visa at the U.S. Consulate in their
country of residence. However, applicants who are in
the U.S. will, in many cases, be eligible to
adjust their status through a local Immigration
office.
A successful applicant must prove that he or she has
at least a high school education or its
equivalent, or two years of work experience
during the past five years in a job which, according
to the Department of Labor's O*Net OnLine
database, requires at least two years of training or
experience. An applicant must also establish that
she/he meets the usual qualitative requirements for
entry to the U.S. For example, an applicant with a
criminal record may be barred.
Entries for the DV-2013 DV program must be submitted
electronically between noon, Eastern Daylight Time
(EDT) (GMT-4), Tuesday, October 4, 2011, and noon,
Eastern Daylight Time (EDT) (GMT-4), Saturday,
November 5, 2011. Applicants may access the
electronic DV Entry Form (E-DV) at
www.dvlottery.state.gov during the registration
period. Paper entries will not be accepted. We
strongly encourage applicants not to wait until the
last week of the registration period to enter. Heavy
demand may result in website delays. No entries will
be accepted after noon, EDT, on November 5, 2011.
We believe that
anyone with access to the internet can complete the
entry process without hiring an attorney or paying a
fee to a third party, though it may be worthwhile
for some individuals who are not computer savvy to
pay a small fee to have someone assist them with the
process. PAYMENT OF A FEE TO A THIRD PARTY WILL
NOT INCREASE YOUR CHANCE OF BEING SELECTED.
However, we
strongly recommend that anyone selected in
the lottery consult with an
experienced
immigration
attorney to
determine the best course of action and to identify
any issues which may derail their application for a
green card.
Please feel free to contact our office if you have
any questions.
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