Friday, October 28, 2005
In last week’s special advocacy issue, we advised you of legislation that was pending in the US Senate Judiciary Committee that would have addressed the lack of H-1B visas and employment-based green cards. I’m pleased to report that the Senate Judiciary Committee passed the measure by a 14-2 margin. The measures are being considered as part of a massive budget bill designed to find savings and new revenue to offset spending relating to Hurricane Katrina. A few modifications were made in the draft of the bill I described last week. As passed by the Committee, the bill will do the following:
H-1B visas reform
Changes to the H-1B program would include the following:
The proposal would recapture unused H-1B numbers that were not used in prior fiscal years when the H-1B cap is reached up to a maximum of 30,000 in any particular year. The recapture period would go back to 1991, the first year there was an H-1B cap.
These “bonus” H-1Bs accompanied by a recapture fee of $500 per visa. An estimated $150 would be raised through such a fee over a five year period.
Employment-based green card changes
The proposal makes several key reforms to employment-based green card filing including the following:
Unused employment-based green cards would be recaptured from prior fiscal years with a maximum of 90,000 issued in any year. There are currently about 90,000 visas that could be reclaimed. The 50,000 green cards reserved for Schedule A occupations (mainly nurses) earlier this year would remain untouched.
The plan calls for the removal of spouses and children from the counting of employment-based green cards. About 2.5 green cards are issued for family members for every principal applicant claiming an employment-based green card. This is currently the case for non-immigrant visa categories with caps.
Employment-based green card applicants would be eligible to file for adjustment of status even if a visa is not currently available
A fee of $500 would be imposed on most employment-based green card categories. An estimated $150 would be raised through such a fee.
L-1 visa reform
Senator Feinstein (D-California) successfully pushed through a provision that cut back the H-1B increase from 60,000 to 30,000. To make up the lost fee revenue, she got the Committee to approve a provision adding the $750/$1500 fee applicable in H-1B cases to L-1 cases as well. A similar measure has already been approved by the House.
The House is not expected to include these provisions in its version of the budget bill. Instead, the House and Senate will need to hammer out a compromise version when they meet in conference committee to come up with a final version of the bill. Then each House will need to vote on the new bill and if it passes (as is very likely since it’s a critical budget bill), the President will get it and sign it in to law.
We will be continuing to report on developments and will send out further advocacy alerts updating you on the status of this crucial legislation.
*****
In firm news, attorneys Salam David, Yvette Sebelist and I spoke on H-1B visas at the annual meeting of the Tennessee chapter of the Society for Human Resource Management in Nashville last Wednesday. On Friday, I spoke at the fall meeting of the American Bar Association’s Law Practice Management Section in Philadelphia on the subject of law firm marketing on the Internet.
Bryant Stevenson and I also are the co-authors of an article on physician immigration featured in the latest issue of the American Bar Association’s health law section magazine. The article can be found on our web site at www.visalaw.com/news/.
H-1B visas reform
Changes to the H-1B program would include the following:
The proposal would recapture unused H-1B numbers that were not used in prior fiscal years when the H-1B cap is reached up to a maximum of 30,000 in any particular year. The recapture period would go back to 1991, the first year there was an H-1B cap.
These “bonus” H-1Bs accompanied by a recapture fee of $500 per visa. An estimated $150 would be raised through such a fee over a five year period.
Employment-based green card changes
The proposal makes several key reforms to employment-based green card filing including the following:
Unused employment-based green cards would be recaptured from prior fiscal years with a maximum of 90,000 issued in any year. There are currently about 90,000 visas that could be reclaimed. The 50,000 green cards reserved for Schedule A occupations (mainly nurses) earlier this year would remain untouched.
The plan calls for the removal of spouses and children from the counting of employment-based green cards. About 2.5 green cards are issued for family members for every principal applicant claiming an employment-based green card. This is currently the case for non-immigrant visa categories with caps.
Employment-based green card applicants would be eligible to file for adjustment of status even if a visa is not currently available
A fee of $500 would be imposed on most employment-based green card categories. An estimated $150 would be raised through such a fee.
L-1 visa reform
Senator Feinstein (D-California) successfully pushed through a provision that cut back the H-1B increase from 60,000 to 30,000. To make up the lost fee revenue, she got the Committee to approve a provision adding the $750/$1500 fee applicable in H-1B cases to L-1 cases as well. A similar measure has already been approved by the House.
The House is not expected to include these provisions in its version of the budget bill. Instead, the House and Senate will need to hammer out a compromise version when they meet in conference committee to come up with a final version of the bill. Then each House will need to vote on the new bill and if it passes (as is very likely since it’s a critical budget bill), the President will get it and sign it in to law.
We will be continuing to report on developments and will send out further advocacy alerts updating you on the status of this crucial legislation.
*****
In firm news, attorneys Salam David, Yvette Sebelist and I spoke on H-1B visas at the annual meeting of the Tennessee chapter of the Society for Human Resource Management in Nashville last Wednesday. On Friday, I spoke at the fall meeting of the American Bar Association’s Law Practice Management Section in Philadelphia on the subject of law firm marketing on the Internet.
Bryant Stevenson and I also are the co-authors of an article on physician immigration featured in the latest issue of the American Bar Association’s health law section magazine. The article can be found on our web site at www.visalaw.com/news/.
# posted by Greg Siskind @ 11:35 AM
Tuesday, October 25, 2005
Here is the table of contents for the latest issue of Siskind's Immigration Bulletin. Click here to read any of the articles.
1. Openers
2. The ABC's Of Immigration: Consular Processing for Nonimmigrant Visas
3. Ask Visalaw.com
4. Border News
5. News From The Courts
6. Government Processing Times
7. News Bytes
8. International Roundup
9. Legislative Update
10. State Department Visa Bulletin
11. Guest Article: The U.S. Must Repudiate Life-Threatening Psycho-Babble and Instead Enact Reality-Based Immigration Laws, by Angelo A. Paparelli
12. Guest Commentary: HIAS Release on Interfaith Statement
13. Guest Article: Keepin' Em Down On The Farm: The Visa Trading Bank and Rural Depopulation, by Gary Endelman
14. Bush Administration Vows to Expel All Illegal Immigrants
15. Funding is Reauthorized for Violence Against Women Act
16. Poll Shows that Republican Voters Favor Earned Legalization and Increased Border Security
17. “Rapid Response Border Protection” Bill Proposed in House of Representatives
18. President Bush signs The Homeland Security Appropriations Act for 2006
1. Openers
2. The ABC's Of Immigration: Consular Processing for Nonimmigrant Visas
3. Ask Visalaw.com
4. Border News
5. News From The Courts
6. Government Processing Times
7. News Bytes
8. International Roundup
9. Legislative Update
10. State Department Visa Bulletin
11. Guest Article: The U.S. Must Repudiate Life-Threatening Psycho-Babble and Instead Enact Reality-Based Immigration Laws, by Angelo A. Paparelli
12. Guest Commentary: HIAS Release on Interfaith Statement
13. Guest Article: Keepin' Em Down On The Farm: The Visa Trading Bank and Rural Depopulation, by Gary Endelman
14. Bush Administration Vows to Expel All Illegal Immigrants
15. Funding is Reauthorized for Violence Against Women Act
16. Poll Shows that Republican Voters Favor Earned Legalization and Increased Border Security
17. “Rapid Response Border Protection” Bill Proposed in House of Representatives
18. President Bush signs The Homeland Security Appropriations Act for 2006
# posted by Greg Siskind @ 4:08 PM
Attorneys Greg Sisknd and Bryant Stevenson co-authored an article on physician immigration featured in the latest issue of the American Bar Association’s health law section magazine. Click here to read it.
# posted by Greg Siskind @ 10:06 AM
Monday, October 24, 2005
We've posted the latest State Department Visa Bulletin. Click here to read it.
# posted by Greg Siskind @ 9:05 AM
Monday, October 17, 2005
We’re just learning of some movement on the legislative front concerning two of the biggest immigration problems facing skilled and professional workers today – the retrogression of EB numbers and the H-1B cap. We’ll write about this proposal in a special alert that will go out separately from this newsletter. The alert will discuss what you can do to make your voices heard in Congress on the need for such legislation.
The President’s political problems are not normally the subject of discussion in this newsletter. But they factor into the immigration debate twice this week. First, the Administration seems to be finally moving forward with plans to push immigration reform in Congress. Next week the Senate will have hearings on immigration reform and the White House is now planning on sending senior officials to testify on the need for reform. Last month they pulled their speakers at the last minute. Many speculate that immigration is one of the only issues left for the White House to make headway in Congress and that is why we’re seeing movement on this question now.
The White House’s post-Katrina problems also arose in the nomination of Julia Myers to head up Immigration and Customs Enforcement. In the wake of a barrage of criticism over cronyism in the appointment process, the appointment of Myers suddenly received more attention than would be expected. Critics question Myers experience in enforcement and management.
Even the Harriet Miers’ nomination to the Supreme Court had an immigration connection this week. Miers is, according to many, a “blank slate” and everyone is anxious to know more about her positions on key issues. There are few answers, but we do know that she is remembered for taking on pro bono immigration cases while she was a private lawyer. She put in a significant number of hours working on immigration matters with Catholic Charities of Dallas. How Miers would vote on immigration questions is, of course, not known, but it is helpful to know that she has had real world contact with immigration clients and has some experience with their issues.
In firm news, lawyers at Siskind Susser were quoted in two newspaper articles this week. Jack Richbourg is quoted in the Village Voice in an article on undocumented immigrants in the military. And I was quoted in an article in the Arkansas Democrat-Gazette
The President’s political problems are not normally the subject of discussion in this newsletter. But they factor into the immigration debate twice this week. First, the Administration seems to be finally moving forward with plans to push immigration reform in Congress. Next week the Senate will have hearings on immigration reform and the White House is now planning on sending senior officials to testify on the need for reform. Last month they pulled their speakers at the last minute. Many speculate that immigration is one of the only issues left for the White House to make headway in Congress and that is why we’re seeing movement on this question now.
The White House’s post-Katrina problems also arose in the nomination of Julia Myers to head up Immigration and Customs Enforcement. In the wake of a barrage of criticism over cronyism in the appointment process, the appointment of Myers suddenly received more attention than would be expected. Critics question Myers experience in enforcement and management.
Even the Harriet Miers’ nomination to the Supreme Court had an immigration connection this week. Miers is, according to many, a “blank slate” and everyone is anxious to know more about her positions on key issues. There are few answers, but we do know that she is remembered for taking on pro bono immigration cases while she was a private lawyer. She put in a significant number of hours working on immigration matters with Catholic Charities of Dallas. How Miers would vote on immigration questions is, of course, not known, but it is helpful to know that she has had real world contact with immigration clients and has some experience with their issues.
In firm news, lawyers at Siskind Susser were quoted in two newspaper articles this week. Jack Richbourg is quoted in the Village Voice in an article on undocumented immigrants in the military. And I was quoted in an article in the Arkansas Democrat-Gazette
# posted by Greg Siskind @ 9:04 AM
Friday, October 14, 2005
Here's the table of contents for the latest issue of Siskind's Immigration Bulletin. Click here to read any of the articles.
1. Openers
2. The ABC's Of Immigration: K-3 and K-4 Visas
3. Ask Visalaw.com
4. Border News
5. News From The Courts
6. Government Processing Times
7. News Bytes
8. International Roundup
9. Legislative Update
10. Guest Article: What If They Gave A Visa And Nobody Came?: Why The H-1B Feels Unloved, by Gary Endelman
11. Guest Article: RFID and the Immigration Surveillance Society: New DHS U.S. Visit Pilot Program to Use RFID Tagging to Track I-94 Admission Documents for all Nonimmigrants, by Angelo A. Paparelli
12. Hurricane Katrina Assistance for Affected Persons with Immigration Concerns - UPDATED
13. ICE Nominee’s Qualifications Questioned
14. Electronic Passports are Introduced
15. Registered Traveler Program Results in Inconclusive Findings
1. Openers
2. The ABC's Of Immigration: K-3 and K-4 Visas
3. Ask Visalaw.com
4. Border News
5. News From The Courts
6. Government Processing Times
7. News Bytes
8. International Roundup
9. Legislative Update
10. Guest Article: What If They Gave A Visa And Nobody Came?: Why The H-1B Feels Unloved, by Gary Endelman
11. Guest Article: RFID and the Immigration Surveillance Society: New DHS U.S. Visit Pilot Program to Use RFID Tagging to Track I-94 Admission Documents for all Nonimmigrants, by Angelo A. Paparelli
12. Hurricane Katrina Assistance for Affected Persons with Immigration Concerns - UPDATED
13. ICE Nominee’s Qualifications Questioned
14. Electronic Passports are Introduced
15. Registered Traveler Program Results in Inconclusive Findings
# posted by Greg Siskind @ 8:01 AM
Tuesday, October 11, 2005
Attorney Greg Siskind was quoted in the October 10th issue of The Arkansas Democrat-Gazette in an article regarding the immigration dilemmas of undocumented immigrants having babies in the United States. Click here to read it and other articles that mention Siskind Susser.
# posted by Greg Siskind @ 1:23 PM
Monday, October 03, 2005
Diversity Visa – 2007 Green Card Lottery
The Department of State annually holds the Diversity Visa program (also known as the Green Card Lottery) where 50,000 green cards are awarded by random computer selection. The next lottery will be the DV-2007 lottery and the entry period will begin in October 2005. As a service to readers of our web site, we are pleased to make available our Lottery FAQ - a detailed question and answer document that provides all of the information needed to enter the lottery. We believe that most people will find that if they are diligent about complying with the rules and have reasonable English skills, they can enter the lottery without further assistance than what we are providing here.
As an additional service to our readers, we are also providing an online registration form, which will enable Siskind Susser to enter a person in the lottery. We believe this service will be of interest to people who do not have the time or the inclination to enter the lottery on their own or are otherwise concerned about whether their application is being submitted properly (an estimated one-third of applications for the lottery are rejected because they are submitted incorrectly). Some people will not be comfortable submitting their application electronically (including photos). And some people also do not know where they will be when winners are selected and wish to use the return address of a law firm that will not be moving. QUESTIONS AND ANSWERS ABOUT THE DV-2007 GREEN CARD LOTTERY
This discussion is intended to address most of the major questions many of you have asked us about the DV-2007 Lottery.
What is the "Green Card" Lottery?
The U.S. Congress has authorized the allotment of 50,000 immigrant visas in the DV-2007 category during Fiscal Year 2007 (which runs from October 1, 2006 to September 30, 2007). Foreign nationals who are natives of countries determined by the USCIS (according to a mathematical formula based upon population totals and totals of specified immigrant admissions for a 5-year period) are eligible to apply. The application period will begin October 5, 2005 and will end at noon on December 4, 2005. All entries are submitted electronically. Applicants can submit their applications at www.dvlottery.state.gov. Paper entries are no longer accepted. Applicants can submit their forms themselves or they have a representative, such as a lawyer, submit the application on their behalf. Note that the web site will not go online until 12 pm Eastern US Time on October 5 and will end at 12 pm Eastern Time on December 4.
Natives of which countries are excluded?
The list is the same as DV-2006.
· Canada
· China - mainland China (nationals of Hong Kong, Macau and Taiwan ARE included)
· Colombia
· Dominican Republic
· El Salvador
· Haiti
· India
· Jamaica
· Mexico
· Pakistan
· Philippines
· Poland
· Russia
· South Korea
· United Kingdom (natives of Northern Ireland and Hong Kong are eligible, but natives of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena, and the Turks and Calicos Islands are not eligible)
· Vietnam
Why was my country excluded?
The DV lottery is designed to increase the diversity of the overall pool of immigrants coming to the US. Countries that are proportionately over-represented in the immigrant population are excluded. Countries that have sent more than 50,000 immigrants to the US in the past five years are put on to the list above.
How are visas allotted?
The DV-2007 program apportions visa issuance among six geographic regions (Africa, Asia, Europe, North America (other than Mexico), Oceania, and South America (including Mexico, Central America and the Caribbean). The world is divided up into high and low admission regions and each of the six regions is divided into high and low admission states. A greater portion of the visas goes to the low admission regions than to high admissions regions. High admission states are entirely excluded from the lottery (those states are listed above) and low admission states compete equally with other low admission states in the same region. No single state may receive more than 7% (3,500) of the 50,000 allotted visas.
Who is eligible to apply for the lottery?
To receive a DV-2007 visa, an individual must be a native of a low admission foreign state (described above). The individual must have at least a high school education or its equivalent, or, within the preceding five years, two years work experience in an occupation requiring at least two years training or experience.
What does it mean to have a "high school education or its equivalent?"
"High School education or its equivalent" means the successful completion of a twelve year course of elementary and secondary education in the U.S. or successful completion in another county of a formal course of elementary and secondary education comparable to complete a 12 year education in the U.S. or successful completion in another country of a formal cause of elementary and secondary education comparable to completion of a 12 year education in the U.S. Passage of a high school equivalency examination is not sufficient. It is permissible to have completed one's education in less than 12 years or more than 12 years if the course of study completed is equivalent to a U.S. high school education. Documentary proof of education (including a diploma or school transcript) should NOT be submitted with the application, but must be presented to the consular office at the time of formally applying for an immigrant visa application.
What does it mean to have "two years work experience in an occupation requiring at least two years training or experience?"
The determination of which occupations require at least two years of training or experience shall be based upon the Department of Labor's O*Net Online database. Previously, when work experience was used as the equivalent of high school graduation, the employment position was compared to those in the US Department of Labor Dictionary of Occupational Titles. The Labor Department has phased out this publication and replaced it with the O*Net online system. To reflect this change, the State Department will begin using O*Net classifications in determining whether an applicant has the equivalent of a high school education. The O*Net system is available online at http://online.onetcenter.org. As with proof of education, documentary proof of work experience should not be submitted with the application, but must be presented to the consular office at the time of a formal immigrant visa application.
Can I be a "native" of a country other than the country in which I was born?
A native is both someone born within one of qualifying countries and someone entitled to be "charged" to such country under Section 202(b) of the Immigration and Nationality Act. Thus someone may be (1) charged to the country of birth of his/her spouse, but only if the spouse is also issued a visa and enters the US at the same time as the primary applicant; (2) a minor dependent child can be charged to the country of birth of a parent; and (3) an applicant born in a country of which neither parent was a native may be charged to the country of birth of either parent.
Will applying for the lottery affect one's ability to receive a nonimmigrant visa?
Probably not. Technically, filing a visa lottery application is equivalent to filing an immigrant petition. According to a source at the Department of State, a consulate will only be notified IF the person is selected in the lottery. An individual who is not chosen is on his honor to state that he/she applied for the lottery. Theoretically, if your name is selected in the lottery, you may have trouble renewing nonimmigrant status while waiting for your name to be cleared for processing (see discussion on the post-selection process for securing a green card). This should only be a temporary problem since permanent residency should eventually be awarded. There is still a risk that you will fail to be deemed eligible for the DV-2007 visa or the Department of State will have overestimated the number of individuals to select in the lottery (see discussion on how the selection process works). However, of all the lawyers with whom I have spoken, none have ever reported a problem with a client having entered the lottery. We have instructed our clients to answer the question on the DS-156 concerning previous immigrant visa applications as follows: "My lawyer entered me in the DV-2007 lottery." We have never had a problem reported and I have yet to hear of anyone denied a visa because of a previous lottery application.
Do I need to be in lawful visa status to compete?
An individual who is in the U.S. need NOT be in lawful status to compete in the lottery. However, the Department of State has indicated that it will share information with the Immigration and Naturalization Service for the "formulation, amendment, administration and enforcement" of the country's immigration laws. Furthermore, a person out of status may be subject to the three and ten year bars on admission of the 1996 immigration law and unable to take advantage of winning the lottery. However, we believe that if someone has a pending visa application approved before April 30, 2001 (for example, an I-130 approved but where priority dates are not current), the person may be able to process a lottery selection in the United States. Because the laws on this subject are highly complex, it is recommended that out of status persons contact an immigration lawyer to determine their status and an appropriate strategy.
Does it matter whether I am or am not in the U.S.?
Individuals who otherwise meet the requirements for competition in the lottery may compete whether they are in the United States or in a foreign country.
Are there any limitations on the number of entries I can send in for the lottery?
Each individual is limited to one application in the lottery. If more than one application is received, the individual will be totally disqualified. Note: Hundreds of thousands of applications are rejected every year due to multiple applications. It is not a problem if you have submitted an application during a PREVIOUS lottery registration.
May a husband and wife each submit a separate application?
Yes. If otherwise qualified, a husband and a wife may each submit one lottery application. If either is selected in the lottery, the other would be entitled to derivative status.
If I win, can I get green cards for my family?
Your spouse and unmarried children under the age of 21 (at the time the green card - not the lottery application - is approved) are automatically entitled to the same status as you. Under the new Child Status Protection Act, children of lottery-based green card applicants, the age of the child minus the adjudication time of the lottery-based immigrant petition at the time a visa number becomes available for the parent is the age used for determining whether the child is eligible for the green card as an under 21 year old child. But to take advantage of this, the child actually must seek to acquire the green card within a year of the visa becoming available. Also, in the case of a child who turns 21 while a lottery-based green card application is pending who is not eligible to claim to be under 21 for purposes of seeking a green card, may still retain the original date issued upon receipt of the original petition and it is not necessary to file a new application because the case will automatically convert to the appropriate category.
Is there a minimum age to apply for the lottery?
There is not a minimum age to apply for the lottery. However, the education/work experience requirements will effectively preclude most people under 18 from applying.
May I adjust status in the U.S. if I am selected?
An applicant may adjust status (switch to permanent residency in the U.S.) ifthey meet the normal requirements for adjusting status with USCIS (including not having previously been out of visa status). In order to apply for adjustment of status, USCIS must be able to complete action on the case before September 30, 2006.
How does the selection process work?
The State Department's Kentucky Consular Center will receive all applications submitted electronically. Upon receipt, the KCC will assign the application to one of six geographic regions and assign the applicant an individual number. Within each region, the first applicant randomly selected will be the first person registered, the second applicant selected will be the second person registered, etc. When a case is registered, the applicant will immediately be sent a notification letter that will give visa application instructions. About 90,000 persons, both principal applicants and their spouses and children, will be registered. Since it is probable that some of the first 50,000 persons registered will not apply for a DV-2007 visa, this figure is assumed to be large enough to ensure that all of the visas are used. However, there is a risk that some applicants will be left out. Indeed, this has been a problem for people drawn late in the selection process. According to the Department of State, all applicants will be informed promptly of their place on the list. Each month visas will be issued, according to registration lottery rank order, to those ready for visa issuance for that month. Once 50,000 visas are issued, the program ends. Registrants for the DV-2007 lottery will have to have their visa in hand by September 30, 2007 at the latest. You must be prepared to act promptly if your name is selected.
How will I know if I was selected or not selected?
The State Department will notify winners by mail between May 2006 and July 2006. The State Department will not notify applicants to let them know they were rejected. The only way you will know that you are not selected is if you have not received a registration notification letter before the date USCIS officially states that it has stopped notifying people (i.e. if you have not heard by August 2006, assume you were not selected).
Is there an application fee to enter the lottery?
No. There is no government application fee for submitting a lottery application. If you win the lottery, you will pay a special DV-2007 case processing fee later. Winners will also have to pay regular visa fees at the time of visa issuance. Certain law firms and immigration consultants offer application services and the fees for such services may vary. IT IS NOT NECESSARY TO USE SUCH A SERVICE. However, one may want to use a reputable service if they wish to have a US return address, lack Internet access, want someone to review your application if your English skills are weak, or otherwise do not have the time to submit the application on their own.
Can someone selected in the lottery receive a waiver of any of the grounds of visa ineligibility?
No. There is no special provision for the waiver of any grounds of visa ineligibility other than those provided for in the Immigration and Nationality Act. Also, holders of J-1 visas with a two year home residency requirement will not be able to receive a waiver of this requirement by virtue of being selected in the lottery. A holder of a J visa can still enter the lottery, but he/she will have to qualify for a residency waiver in the same manner as is normally required to get such a waiver. Because all visas must be issued by the end of September 2007, individuals who have not yet begun their home residency are effectively precluded (unless they are able to get a waiver of the home residency requirement quickly).
May someone apply for a DV-2007 visa if they are already registered in another visa category?
Yes.
Do I need to send photographs of each family member and have each sign the application or just the principal applicant?
Recent photographs of the applicant and his/her spouse and each child, including all natural children as well as all legally-adopted and stepchildren, excepting a child who is already a U.S. citizen or a Legal Permanent Resident, even if a child no longer resides with the applicant, must be attached electronically to the entry. Group or family photos will not be accepted; there must be a separate photo for each family member. The picture may be taken with a digital camera or a regular picture may be scanned.
If the submitted digital images do not conform to the following specifications, the system will automatically reject the Entry Form and notify the sender.
· The image must be in the Joint Photographic Experts Group (JPEG) format.
· The image must be either in color or grayscale; monochrome images (2-bit color depth) will not be accepted.
· If a new digital photograph is taken, it must have a resolution of 320 pixels high by 240 pixels wide, and a color depth of either 24-bit color, 8-bit color, or 8-bit grayscale. Pictures will not be accepted in monochrome.
· If a photographic print is scanned, the print must be 2 inches by 2 inches (50mm x 50mm) square. It must be scanned at a resolution of 150 dots per inch (dpi) and with a color depth of either 24-bit color, 8-bit color, or 8-bit grayscale.
· The maximum image size accepted will be sixty-two thousand five hundred (62,500) bytes.
If the submitted digital images do not conform to the following specifications, the entry will be disqualified:
· Applicant, spouse, or child must be directly facing the camera; the head of the person being photographed should not be tilted up, down or to the side, and should cover about 50% of the area of the photo.
· The photo should be taken with the person being photographed in front of a neutral, light-colored background. Photos taken with very dark or patterned, busy backgrounds will not be accepted.
· Photos in which the face of the person being photographed is not in focus will not be accepted.
· Photos in which the person being photographed is wearing sunglasses or other paraphernalia which detracts from the face will not be accepted.
· Photos of applicants wearing head coverings or hats are only acceptable due to religious beliefs, and even then, may not obscure any portion of the face of the applicant. Photos of applicants with tribal or other headgear not specifically religious in nature are not acceptable. Photos of military, airline or other personnel wearing hats will not be accepted.
What if someone else submits my application?
The good news is that an original signature is no longer necessary so it will be easier to have other people submit an application on your behalf. Note, however, that if more than one application is submitted for an applicant, the applicant will be disqualified.
In what region is my native country assigned?
(1) Africa
· Algeria
· Angola
· Benin
· Botswana
· Burkina Faso
· Burundi
· Cameroon
· Cape Verde
· Central African Republic
· Chad
· Comoros
· Congo
· Congo, Democratic Republic of the
· Cote d'Ivoire (Ivory Coast)
· Djibouti
· Egypt
· Equatorial Guinea
· Eritrea
· Ethiopia
· Gabon
· Gambia, The
· Ghana
· Guinea
· Guinea-Bissau
· Kenya
· Lesotho
· Liberia
· Libya
· Madagascar
· Malawi
· Mali
· Mauritania
· Mauritius
· Morocco
· Mozambique
· Namibia
· Niger
· Nigeria
· Rwanda
· Sao Tome and Principe
· Senegal
· Seychelles
· Sierra Leone
· Somalia
· South Africa
· Sudan
· Swaziland
· Tanzania
· Togo
· Tunisia
· Uganda
· Zambia
· Zimbabwe
(2) Asia
· Afghanistan
· Bahrain
· Bangladesh
· Bhutan
· Brunei
· Burma
· Cambodia
· China-mainland (not eligible for DV-2007)
· China-Taiwan
· East Timor
· Hong Kong Special Adminstrative Region
· India (not eligible for DV-2007)
· Indonesia
· Iran
· Iraq
· Israel
· Japan
· Jordan
· Korea, North
· Korea, South (not eligible for DV-2007)
· Kuwait
· Laos
· Lebanon
· Macau Special Administrative Region
· Malaysia
· Maldives
· Mongolia
· Nepal
· Oman
· Pakistan (not eligible for DV-2007)
· Philippines (not eligible for DV-2007)
· Qatar
· Saudi Arabia
· Singapore
· Sri Lanka
· Syria
· Thailand
· United Arab Emirates
· Vietnam (not eligible for DV-2007)
· Yemen
(3) Europe
· Albania
· Andorra
· Armenia
· Austria
· Azerbaijan
· Belarus
· Belgium
· Bosnia and Herzegovina (including components)
· Bulgaria
· Croatia
· Cyprus
· Czech Republic
· Denmark (including components and dependent areas overseas)
· Estonia
· Finland
· France (including components and dependent areas overseas)
· Georgia
· Germany
· Greece
· Hungary
· Iceland
· Ireland
· Italy
· Kazakhstan
· Kyrgyzstan
· Latvia
· Liechtenstein
· Lithuania
· Luxembourg
· Macedonia, The Former Yugoslav Republic of
· Malta
· Moldova
· Monaco
· Montenegro
· Netherlands (including components and dependent areas overseas)
· Northern Ireland
· Norway
· Poland
· Portugal
· Romania
· Russia (not eligible for DV-2007)
· San Marino
· Serbia
· Slovakia
· Slovenia
· Spain
· Sweden
· Switzerland
· Tajikistan
· Turkmenistan
· Turkey
· Ukraine
· United Kingdom (not eligible for DV-2007; NOTE: natives of Northern Ireland and Hong Kong are eligible, but natives of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena, and the Turks and Caicos Islands are not eligible)
· Uzbekistan
· Vatican City (an independent city under the jurisdiction of the Holy See)
(4) North America
· Bahamas, The
· Canada (not eligible for DV-2007)
· United States
(5) Oceania
· Australia (including components and dependent areas overseas)
· Fiji
· Kiribati
· Marshall Islands
· Micronesia, Federated States of
· Nauru
· New Zealand (including components and dependent areas overseas)
· Palau
· Papua New Guinea
· Solomon Islands
· Tonga
· Tuvalu
· Vanuatu
· Western Samoa
(6) South America, Mexico, Central America, and the Caribbean
· Antigua and Barbuda
· Argentina
· Barbados
· Belize
· Bolivia
· Brazil
· Chile
· Colombia (not eligible for DV-2007)
· Costa Rica
· Cuba
· Dominica
· Dominican Republic (not eligible for DV-2007)
· Ecuador
· El Salvador (not eligible for DV-2007)
· Grenada
· Grenadines
· Guatemala
· Guyana
· Haiti (not eligible for DV-2007)
· Honduras
· Jamaica (not eligible for DV-2007)
· Mexico (not eligible for DV-2007)
· Nicaragua
· Panama
· Paraguay
· Peru
· St. Kitts and Nevis
· St. Lucia
· St. Vincent and the Grenadines
· Suriname
· Trinidad and Tobago
· Uruguay
· Venezuela
How do I apply for the lottery?
On October 5th, the web site www.dvlottery.state.gov will go online for 60 days and applicants must provide the following information and documentation:
1. FULL NAME - Last/Family Name, First Name, Middle name2. DATE OF BIRTH - Day, Month, Year
3. GENDER - Male or Female
4. CITY/TOWN OF BIRTH
5. COUNTRY OF BIRTH - The name of the country should be that which is currently in use for the place where the applicant was born.
6. APPLICANT PHOTOGRAPH
7. MAILING ADDRESS - Address, City/Town, District/Country/Province/State, Postal Code/Zip Code, Country
8. PHONE NUMBER (optional)
9. E-MAIL ADDRESS (optional)
10. COUNTRY OF ELIGIBILITY IF THE APPLICANT’S NATIVE COUNTRY IS DIFFERENT FROM COUNTRY OF BIRTH - See discussion above regarding claiming another country other than your country of birth.
11. MARRIAGE STATUS - Yes or No
12. NUMBER OF CHILDREN THAT ARE UNMARRIED AND UNDER 21 YEARS OF AGE
13. SPOUSE INFORMATION - Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, Photograph
14. CHILDREN INFORMATION - Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, Photograph
NOTE: Entries must include the name, date and place of birth of the applicant’s spouse and all natural children, as well as all legally-adopted and stepchildren, who are unmarried and under the age of 21, excepting those children who are already U.S. citizens or Legal Permanent Residents, even if you are no longer legally married to the child’s parent, and even if the spouse or child does not currently reside with you and/or will not immigrate with you. Note that married children and children 21 years or older will not qualify for the diversity visa. Failure to list all children will result in your disqualification for the visa.
Applicants will receive an electronic confirmation indicating that the application was properly received. This is an improvement on the old paper application system where one had to take it on faith that the application was properly received by the State Department.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.
The Department of State annually holds the Diversity Visa program (also known as the Green Card Lottery) where 50,000 green cards are awarded by random computer selection. The next lottery will be the DV-2007 lottery and the entry period will begin in October 2005. As a service to readers of our web site, we are pleased to make available our Lottery FAQ - a detailed question and answer document that provides all of the information needed to enter the lottery. We believe that most people will find that if they are diligent about complying with the rules and have reasonable English skills, they can enter the lottery without further assistance than what we are providing here.
As an additional service to our readers, we are also providing an online registration form, which will enable Siskind Susser to enter a person in the lottery. We believe this service will be of interest to people who do not have the time or the inclination to enter the lottery on their own or are otherwise concerned about whether their application is being submitted properly (an estimated one-third of applications for the lottery are rejected because they are submitted incorrectly). Some people will not be comfortable submitting their application electronically (including photos). And some people also do not know where they will be when winners are selected and wish to use the return address of a law firm that will not be moving. QUESTIONS AND ANSWERS ABOUT THE DV-2007 GREEN CARD LOTTERY
This discussion is intended to address most of the major questions many of you have asked us about the DV-2007 Lottery.
What is the "Green Card" Lottery?
The U.S. Congress has authorized the allotment of 50,000 immigrant visas in the DV-2007 category during Fiscal Year 2007 (which runs from October 1, 2006 to September 30, 2007). Foreign nationals who are natives of countries determined by the USCIS (according to a mathematical formula based upon population totals and totals of specified immigrant admissions for a 5-year period) are eligible to apply. The application period will begin October 5, 2005 and will end at noon on December 4, 2005. All entries are submitted electronically. Applicants can submit their applications at www.dvlottery.state.gov. Paper entries are no longer accepted. Applicants can submit their forms themselves or they have a representative, such as a lawyer, submit the application on their behalf. Note that the web site will not go online until 12 pm Eastern US Time on October 5 and will end at 12 pm Eastern Time on December 4.
Natives of which countries are excluded?
The list is the same as DV-2006.
· Canada
· China - mainland China (nationals of Hong Kong, Macau and Taiwan ARE included)
· Colombia
· Dominican Republic
· El Salvador
· Haiti
· India
· Jamaica
· Mexico
· Pakistan
· Philippines
· Poland
· Russia
· South Korea
· United Kingdom (natives of Northern Ireland and Hong Kong are eligible, but natives of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena, and the Turks and Calicos Islands are not eligible)
· Vietnam
Why was my country excluded?
The DV lottery is designed to increase the diversity of the overall pool of immigrants coming to the US. Countries that are proportionately over-represented in the immigrant population are excluded. Countries that have sent more than 50,000 immigrants to the US in the past five years are put on to the list above.
How are visas allotted?
The DV-2007 program apportions visa issuance among six geographic regions (Africa, Asia, Europe, North America (other than Mexico), Oceania, and South America (including Mexico, Central America and the Caribbean). The world is divided up into high and low admission regions and each of the six regions is divided into high and low admission states. A greater portion of the visas goes to the low admission regions than to high admissions regions. High admission states are entirely excluded from the lottery (those states are listed above) and low admission states compete equally with other low admission states in the same region. No single state may receive more than 7% (3,500) of the 50,000 allotted visas.
Who is eligible to apply for the lottery?
To receive a DV-2007 visa, an individual must be a native of a low admission foreign state (described above). The individual must have at least a high school education or its equivalent, or, within the preceding five years, two years work experience in an occupation requiring at least two years training or experience.
What does it mean to have a "high school education or its equivalent?"
"High School education or its equivalent" means the successful completion of a twelve year course of elementary and secondary education in the U.S. or successful completion in another county of a formal course of elementary and secondary education comparable to complete a 12 year education in the U.S. or successful completion in another country of a formal cause of elementary and secondary education comparable to completion of a 12 year education in the U.S. Passage of a high school equivalency examination is not sufficient. It is permissible to have completed one's education in less than 12 years or more than 12 years if the course of study completed is equivalent to a U.S. high school education. Documentary proof of education (including a diploma or school transcript) should NOT be submitted with the application, but must be presented to the consular office at the time of formally applying for an immigrant visa application.
What does it mean to have "two years work experience in an occupation requiring at least two years training or experience?"
The determination of which occupations require at least two years of training or experience shall be based upon the Department of Labor's O*Net Online database. Previously, when work experience was used as the equivalent of high school graduation, the employment position was compared to those in the US Department of Labor Dictionary of Occupational Titles. The Labor Department has phased out this publication and replaced it with the O*Net online system. To reflect this change, the State Department will begin using O*Net classifications in determining whether an applicant has the equivalent of a high school education. The O*Net system is available online at http://online.onetcenter.org. As with proof of education, documentary proof of work experience should not be submitted with the application, but must be presented to the consular office at the time of a formal immigrant visa application.
Can I be a "native" of a country other than the country in which I was born?
A native is both someone born within one of qualifying countries and someone entitled to be "charged" to such country under Section 202(b) of the Immigration and Nationality Act. Thus someone may be (1) charged to the country of birth of his/her spouse, but only if the spouse is also issued a visa and enters the US at the same time as the primary applicant; (2) a minor dependent child can be charged to the country of birth of a parent; and (3) an applicant born in a country of which neither parent was a native may be charged to the country of birth of either parent.
Will applying for the lottery affect one's ability to receive a nonimmigrant visa?
Probably not. Technically, filing a visa lottery application is equivalent to filing an immigrant petition. According to a source at the Department of State, a consulate will only be notified IF the person is selected in the lottery. An individual who is not chosen is on his honor to state that he/she applied for the lottery. Theoretically, if your name is selected in the lottery, you may have trouble renewing nonimmigrant status while waiting for your name to be cleared for processing (see discussion on the post-selection process for securing a green card). This should only be a temporary problem since permanent residency should eventually be awarded. There is still a risk that you will fail to be deemed eligible for the DV-2007 visa or the Department of State will have overestimated the number of individuals to select in the lottery (see discussion on how the selection process works). However, of all the lawyers with whom I have spoken, none have ever reported a problem with a client having entered the lottery. We have instructed our clients to answer the question on the DS-156 concerning previous immigrant visa applications as follows: "My lawyer entered me in the DV-2007 lottery." We have never had a problem reported and I have yet to hear of anyone denied a visa because of a previous lottery application.
Do I need to be in lawful visa status to compete?
An individual who is in the U.S. need NOT be in lawful status to compete in the lottery. However, the Department of State has indicated that it will share information with the Immigration and Naturalization Service for the "formulation, amendment, administration and enforcement" of the country's immigration laws. Furthermore, a person out of status may be subject to the three and ten year bars on admission of the 1996 immigration law and unable to take advantage of winning the lottery. However, we believe that if someone has a pending visa application approved before April 30, 2001 (for example, an I-130 approved but where priority dates are not current), the person may be able to process a lottery selection in the United States. Because the laws on this subject are highly complex, it is recommended that out of status persons contact an immigration lawyer to determine their status and an appropriate strategy.
Does it matter whether I am or am not in the U.S.?
Individuals who otherwise meet the requirements for competition in the lottery may compete whether they are in the United States or in a foreign country.
Are there any limitations on the number of entries I can send in for the lottery?
Each individual is limited to one application in the lottery. If more than one application is received, the individual will be totally disqualified. Note: Hundreds of thousands of applications are rejected every year due to multiple applications. It is not a problem if you have submitted an application during a PREVIOUS lottery registration.
May a husband and wife each submit a separate application?
Yes. If otherwise qualified, a husband and a wife may each submit one lottery application. If either is selected in the lottery, the other would be entitled to derivative status.
If I win, can I get green cards for my family?
Your spouse and unmarried children under the age of 21 (at the time the green card - not the lottery application - is approved) are automatically entitled to the same status as you. Under the new Child Status Protection Act, children of lottery-based green card applicants, the age of the child minus the adjudication time of the lottery-based immigrant petition at the time a visa number becomes available for the parent is the age used for determining whether the child is eligible for the green card as an under 21 year old child. But to take advantage of this, the child actually must seek to acquire the green card within a year of the visa becoming available. Also, in the case of a child who turns 21 while a lottery-based green card application is pending who is not eligible to claim to be under 21 for purposes of seeking a green card, may still retain the original date issued upon receipt of the original petition and it is not necessary to file a new application because the case will automatically convert to the appropriate category.
Is there a minimum age to apply for the lottery?
There is not a minimum age to apply for the lottery. However, the education/work experience requirements will effectively preclude most people under 18 from applying.
May I adjust status in the U.S. if I am selected?
An applicant may adjust status (switch to permanent residency in the U.S.) ifthey meet the normal requirements for adjusting status with USCIS (including not having previously been out of visa status). In order to apply for adjustment of status, USCIS must be able to complete action on the case before September 30, 2006.
How does the selection process work?
The State Department's Kentucky Consular Center will receive all applications submitted electronically. Upon receipt, the KCC will assign the application to one of six geographic regions and assign the applicant an individual number. Within each region, the first applicant randomly selected will be the first person registered, the second applicant selected will be the second person registered, etc. When a case is registered, the applicant will immediately be sent a notification letter that will give visa application instructions. About 90,000 persons, both principal applicants and their spouses and children, will be registered. Since it is probable that some of the first 50,000 persons registered will not apply for a DV-2007 visa, this figure is assumed to be large enough to ensure that all of the visas are used. However, there is a risk that some applicants will be left out. Indeed, this has been a problem for people drawn late in the selection process. According to the Department of State, all applicants will be informed promptly of their place on the list. Each month visas will be issued, according to registration lottery rank order, to those ready for visa issuance for that month. Once 50,000 visas are issued, the program ends. Registrants for the DV-2007 lottery will have to have their visa in hand by September 30, 2007 at the latest. You must be prepared to act promptly if your name is selected.
How will I know if I was selected or not selected?
The State Department will notify winners by mail between May 2006 and July 2006. The State Department will not notify applicants to let them know they were rejected. The only way you will know that you are not selected is if you have not received a registration notification letter before the date USCIS officially states that it has stopped notifying people (i.e. if you have not heard by August 2006, assume you were not selected).
Is there an application fee to enter the lottery?
No. There is no government application fee for submitting a lottery application. If you win the lottery, you will pay a special DV-2007 case processing fee later. Winners will also have to pay regular visa fees at the time of visa issuance. Certain law firms and immigration consultants offer application services and the fees for such services may vary. IT IS NOT NECESSARY TO USE SUCH A SERVICE. However, one may want to use a reputable service if they wish to have a US return address, lack Internet access, want someone to review your application if your English skills are weak, or otherwise do not have the time to submit the application on their own.
Can someone selected in the lottery receive a waiver of any of the grounds of visa ineligibility?
No. There is no special provision for the waiver of any grounds of visa ineligibility other than those provided for in the Immigration and Nationality Act. Also, holders of J-1 visas with a two year home residency requirement will not be able to receive a waiver of this requirement by virtue of being selected in the lottery. A holder of a J visa can still enter the lottery, but he/she will have to qualify for a residency waiver in the same manner as is normally required to get such a waiver. Because all visas must be issued by the end of September 2007, individuals who have not yet begun their home residency are effectively precluded (unless they are able to get a waiver of the home residency requirement quickly).
May someone apply for a DV-2007 visa if they are already registered in another visa category?
Yes.
Do I need to send photographs of each family member and have each sign the application or just the principal applicant?
Recent photographs of the applicant and his/her spouse and each child, including all natural children as well as all legally-adopted and stepchildren, excepting a child who is already a U.S. citizen or a Legal Permanent Resident, even if a child no longer resides with the applicant, must be attached electronically to the entry. Group or family photos will not be accepted; there must be a separate photo for each family member. The picture may be taken with a digital camera or a regular picture may be scanned.
If the submitted digital images do not conform to the following specifications, the system will automatically reject the Entry Form and notify the sender.
· The image must be in the Joint Photographic Experts Group (JPEG) format.
· The image must be either in color or grayscale; monochrome images (2-bit color depth) will not be accepted.
· If a new digital photograph is taken, it must have a resolution of 320 pixels high by 240 pixels wide, and a color depth of either 24-bit color, 8-bit color, or 8-bit grayscale. Pictures will not be accepted in monochrome.
· If a photographic print is scanned, the print must be 2 inches by 2 inches (50mm x 50mm) square. It must be scanned at a resolution of 150 dots per inch (dpi) and with a color depth of either 24-bit color, 8-bit color, or 8-bit grayscale.
· The maximum image size accepted will be sixty-two thousand five hundred (62,500) bytes.
If the submitted digital images do not conform to the following specifications, the entry will be disqualified:
· Applicant, spouse, or child must be directly facing the camera; the head of the person being photographed should not be tilted up, down or to the side, and should cover about 50% of the area of the photo.
· The photo should be taken with the person being photographed in front of a neutral, light-colored background. Photos taken with very dark or patterned, busy backgrounds will not be accepted.
· Photos in which the face of the person being photographed is not in focus will not be accepted.
· Photos in which the person being photographed is wearing sunglasses or other paraphernalia which detracts from the face will not be accepted.
· Photos of applicants wearing head coverings or hats are only acceptable due to religious beliefs, and even then, may not obscure any portion of the face of the applicant. Photos of applicants with tribal or other headgear not specifically religious in nature are not acceptable. Photos of military, airline or other personnel wearing hats will not be accepted.
What if someone else submits my application?
The good news is that an original signature is no longer necessary so it will be easier to have other people submit an application on your behalf. Note, however, that if more than one application is submitted for an applicant, the applicant will be disqualified.
In what region is my native country assigned?
(1) Africa
· Algeria
· Angola
· Benin
· Botswana
· Burkina Faso
· Burundi
· Cameroon
· Cape Verde
· Central African Republic
· Chad
· Comoros
· Congo
· Congo, Democratic Republic of the
· Cote d'Ivoire (Ivory Coast)
· Djibouti
· Egypt
· Equatorial Guinea
· Eritrea
· Ethiopia
· Gabon
· Gambia, The
· Ghana
· Guinea
· Guinea-Bissau
· Kenya
· Lesotho
· Liberia
· Libya
· Madagascar
· Malawi
· Mali
· Mauritania
· Mauritius
· Morocco
· Mozambique
· Namibia
· Niger
· Nigeria
· Rwanda
· Sao Tome and Principe
· Senegal
· Seychelles
· Sierra Leone
· Somalia
· South Africa
· Sudan
· Swaziland
· Tanzania
· Togo
· Tunisia
· Uganda
· Zambia
· Zimbabwe
(2) Asia
· Afghanistan
· Bahrain
· Bangladesh
· Bhutan
· Brunei
· Burma
· Cambodia
· China-mainland (not eligible for DV-2007)
· China-Taiwan
· East Timor
· Hong Kong Special Adminstrative Region
· India (not eligible for DV-2007)
· Indonesia
· Iran
· Iraq
· Israel
· Japan
· Jordan
· Korea, North
· Korea, South (not eligible for DV-2007)
· Kuwait
· Laos
· Lebanon
· Macau Special Administrative Region
· Malaysia
· Maldives
· Mongolia
· Nepal
· Oman
· Pakistan (not eligible for DV-2007)
· Philippines (not eligible for DV-2007)
· Qatar
· Saudi Arabia
· Singapore
· Sri Lanka
· Syria
· Thailand
· United Arab Emirates
· Vietnam (not eligible for DV-2007)
· Yemen
(3) Europe
· Albania
· Andorra
· Armenia
· Austria
· Azerbaijan
· Belarus
· Belgium
· Bosnia and Herzegovina (including components)
· Bulgaria
· Croatia
· Cyprus
· Czech Republic
· Denmark (including components and dependent areas overseas)
· Estonia
· Finland
· France (including components and dependent areas overseas)
· Georgia
· Germany
· Greece
· Hungary
· Iceland
· Ireland
· Italy
· Kazakhstan
· Kyrgyzstan
· Latvia
· Liechtenstein
· Lithuania
· Luxembourg
· Macedonia, The Former Yugoslav Republic of
· Malta
· Moldova
· Monaco
· Montenegro
· Netherlands (including components and dependent areas overseas)
· Northern Ireland
· Norway
· Poland
· Portugal
· Romania
· Russia (not eligible for DV-2007)
· San Marino
· Serbia
· Slovakia
· Slovenia
· Spain
· Sweden
· Switzerland
· Tajikistan
· Turkmenistan
· Turkey
· Ukraine
· United Kingdom (not eligible for DV-2007; NOTE: natives of Northern Ireland and Hong Kong are eligible, but natives of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena, and the Turks and Caicos Islands are not eligible)
· Uzbekistan
· Vatican City (an independent city under the jurisdiction of the Holy See)
(4) North America
· Bahamas, The
· Canada (not eligible for DV-2007)
· United States
(5) Oceania
· Australia (including components and dependent areas overseas)
· Fiji
· Kiribati
· Marshall Islands
· Micronesia, Federated States of
· Nauru
· New Zealand (including components and dependent areas overseas)
· Palau
· Papua New Guinea
· Solomon Islands
· Tonga
· Tuvalu
· Vanuatu
· Western Samoa
(6) South America, Mexico, Central America, and the Caribbean
· Antigua and Barbuda
· Argentina
· Barbados
· Belize
· Bolivia
· Brazil
· Chile
· Colombia (not eligible for DV-2007)
· Costa Rica
· Cuba
· Dominica
· Dominican Republic (not eligible for DV-2007)
· Ecuador
· El Salvador (not eligible for DV-2007)
· Grenada
· Grenadines
· Guatemala
· Guyana
· Haiti (not eligible for DV-2007)
· Honduras
· Jamaica (not eligible for DV-2007)
· Mexico (not eligible for DV-2007)
· Nicaragua
· Panama
· Paraguay
· Peru
· St. Kitts and Nevis
· St. Lucia
· St. Vincent and the Grenadines
· Suriname
· Trinidad and Tobago
· Uruguay
· Venezuela
How do I apply for the lottery?
On October 5th, the web site www.dvlottery.state.gov will go online for 60 days and applicants must provide the following information and documentation:
1. FULL NAME - Last/Family Name, First Name, Middle name2. DATE OF BIRTH - Day, Month, Year
3. GENDER - Male or Female
4. CITY/TOWN OF BIRTH
5. COUNTRY OF BIRTH - The name of the country should be that which is currently in use for the place where the applicant was born.
6. APPLICANT PHOTOGRAPH
7. MAILING ADDRESS - Address, City/Town, District/Country/Province/State, Postal Code/Zip Code, Country
8. PHONE NUMBER (optional)
9. E-MAIL ADDRESS (optional)
10. COUNTRY OF ELIGIBILITY IF THE APPLICANT’S NATIVE COUNTRY IS DIFFERENT FROM COUNTRY OF BIRTH - See discussion above regarding claiming another country other than your country of birth.
11. MARRIAGE STATUS - Yes or No
12. NUMBER OF CHILDREN THAT ARE UNMARRIED AND UNDER 21 YEARS OF AGE
13. SPOUSE INFORMATION - Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, Photograph
14. CHILDREN INFORMATION - Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, Photograph
NOTE: Entries must include the name, date and place of birth of the applicant’s spouse and all natural children, as well as all legally-adopted and stepchildren, who are unmarried and under the age of 21, excepting those children who are already U.S. citizens or Legal Permanent Residents, even if you are no longer legally married to the child’s parent, and even if the spouse or child does not currently reside with you and/or will not immigrate with you. Note that married children and children 21 years or older will not qualify for the diversity visa. Failure to list all children will result in your disqualification for the visa.
Applicants will receive an electronic confirmation indicating that the application was properly received. This is an improvement on the old paper application system where one had to take it on faith that the application was properly received by the State Department.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.
# posted by Greg Siskind @ 2:09 PM
The latest monthly issue of Siskind's Immigration Professional is now online. Click here to read it and past issues.
# posted by Greg Siskind @ 11:22 AM
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