If you are in the U.S. and have learned that you were selected for the Diversity Visa (DV) lottery, there are many steps ahead before you can turn this luck into actual U.S. legal status (a green card). What’s more, not everyone who is currently living in the U.S. will be able to complete the application process, in particular if their presence here is not lawful.
This article outlines some strategies for successfully applying for a green card based on selection for the DV lottery.
If you are selected for the DV lottery, and are in the U.S. in lawful status, you may in all likelihood claim your resident status by filing what’s called an Application to Adjust Status (AOS), on Form I-485. (In only a few exceptional cases is someone lawfully in the U.S. prohibited from adjusting status here, for instance people who entered on the Visa Waiver Program or as crewpersons.)
The AOS process involves mailing all your paperwork to, and most likely attending an interview at, an office of U.S. Citizenship and Immigration Services (USCIS).You will be able to do all of this without having to leave the United States.
If you entered the U.S. illegally, or stayed past the expiration date of your visa, however, you are most likely ineligible for AOS. See Who Can Apply for a Green Card Through Adjustment of Statusfor details. You should also consult an immigration lawyer for a full analysis of your situation.
Bureaucratic delays, inaccuracies in your initial DV entry, and inadmissibility could pose problems in your application for AOS, as discussed below.
Timing: All DV-based applicants must obtain approval of the AOS application before the annual allotment of DV visas runs out for that fiscal year. The fiscal year ends on September 30, but visas often run out well before that date. The government takes time to process the applications, and the sooner you get yours in, the greater the chances that it won’t get held up in processing. For this reason, you should start working on your AOS application as soon as you know you are selected, and maintain your current visa status until your AOS is actually granted.
Inaccuracies in the initial DV entry: Failure to list a spouse or child on your initial DV lottery entry could be a ground for USCIS to deny your AOS.
Inadmissibility Issues: You can be found “inadmissible” to the U.S. if, for example, you have committed a crime or have certain health issues. In some cases, you may ask the U.S. government to overlook the ground of inadmissibility. For more information, see Inadmissibility: When the U.S. Can Keep You Out.
Once you have determined that you are eligible for AOS, here’s how to prepare the paperwork :
Within three weeks of mailing your application, you should receive written notice from USCIS. With the case number included on the notice, you will be able to monitor the status of your case online, via telephone, or in person with a USCIS local office. You can also obtain further information on Nolo's website regarding Adjustment of Status Procedures.