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.
Determining whether you are eligible to file for a “green card” in the U.S.
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 Status” for details. You should also consult an immigration lawyer for a full analysis of your situation.
Other Issues That Could Derail Your AOS Application
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.”
Steps Toward AOS
Once you have determined that you are eligible for AOS, here’s how to prepare the paperwork :
- Follow the instructions on the Department of State (DOS) selection notification letter you received upon entering your entry confirmation number at www.dvlottery.state.gov. The letter instructs you to send a cashier’s check or postal money order for $330 to the DOS with a form stating “Adjustment of Status Fee Payment.” This payment is actually a DV fee, but notifies the DOS of your intention to file for AOS. This is the first time you will have to pay any fee. You should receive payment confirmation within three weeks.
- File your AOS application only when your case number is current, according to the DOS Visa Bulletin. If your number is within the numbers listed on the Visa Bulletin, you can file your AOS application.
- Mail your AOS to USCIS on Form I-485 with supporting documents and a payment of $1,070 via check or money order made out to Department of Homeland Security. Your supporting documentation should include:
- Payment confirmation from the DOS
- Proof that you meet the educational or job experience requirements you stated you had in your DV entry. You’ll most likely want to include a copy of your high school diploma, or a letter from your employer stating you have two years of training or experience. See “Do You Meet the Education or Work Experience Requirements of the Diversity Visa Program?” for details.
- All other documents normally required with an AOS application, including a medical report, passport-style photos, as well as copies of your birth and, if applicable, marriage or divorce certificates.
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."