US Green Card Lottery. DV-2009. The US Green Card Lottery FAQ

1. What do the terms "eligibility", "native" and "chargeability" mean?: The country of eligibility is normally the same as an applicant's country of birth. The country of eligibility is not related to where an applicant lives. "Native" ordinarily means someone born in a particular country, regardless of the individual's current country of residence or nationality. For immigration purposes "native" can also mean someone who is entitled to be "charged" to a country other than the one in which he/she was born.
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.
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. If you claim alternate chargeability, you must indicate such information on your entry. Listing an incorrect country of eligibility or chargeability (i.e. one to which you cannot establish a valid claim)may disqualify your entry.
2. In what situations my parents could be considered non-residents of my country of birth (at the time of my 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.
3. What is the numerical limited for DV Program?: 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 Adjustment and Central American Relief Act (NACARA) 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 NACARA program. The actual reduction of the limit to 50,000 began with DV-2000 and remains in effect for the DV-2009 program.
4. May I apply for the Lottery if I'm currently residing in the USA?: Yes, an applicant may be in the U.S. or in another country, and the entry may be submitted from the U.S. or from abroad.
5. When will entries for the DV-2009 program be accepted?: Entries for the DV-2009 Diversity Visa lottery must be submitted electronically between noon Eastern Daylight Time (EDT) (GMT-4), October 3, 2007 and noon Eastern Standard Time (EST) (GMT-5), December 2, 2007. Applicants may access the electronic Diversity Visa entry form only during the registration period. No entries will be accepted after noon EST on December 2, 2007.
6. May I get a permanent residence visa through the Green Card Lottery if I'm currently illegally staying in the USA?: No. Even random selection by the Kentucky Consular Center computer does not automatically guarantee that you will receive a visa. This matter will be considered by the US Immigration authorities. In order to actually receive a visa, applicants selected in the random drawing must meet ALL eligibility requirements under US law.
7. How many applications can I send in for one Green Card Lottery?: Every applicant is limited to one application only. If more than one application is received, an applicant is disqualified. Every applicant can re-apply for the new Green Card Lottery every year.
8. What is the minimum age to apply for the Green Card Lottery?: 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.
9. Can I apply too if my husband / wife applies?: Yes. Both a husband and wife may submit their applications separately. This would double their chances to win, since a successful applicant may take his spouse and unmarried children under 21 to the USA.
10. Can anyone, for example my relatives, complete the entry for me?: 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 friend or relative, only one entry may be submitted in the name of each person. If the entry is selected, the notification letter will be sent only to the mailing address provided on the entry.
11. How can I prove that I meet the requirements for education or work experience?: 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.
12. 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.
13. What occupations qualify for the DV Program?: The Department of Labor O*Net Online Database groups job experience into five "job zones". While many occupations are listed on this website, only certain specified occupations qualify for the DV Program. To qualify for a Diversity Visa on the basis of the work experience, an applicant must, within the past five years, have two years of experience in an occupation that is designated as Job Zone 4 or 5, classified in a Specific Vocational Preparation (SVP) range of 7.0 or higher.
14. How do I find the qualifying occupations on the Department of Labor website?: Qualifying DV Occupations are shown on the Department of Labor O*Net Online Database at http://online.onetcenter.org. To find if his/her occupation qualifies the applicant should follow the steps below.
- Select "Find Occupations" and then select a specific "Job Family". For example, select Architecture and Engineering and click "GO". Then click on the link for the specific Occupation.
- Following the same example, click Aerospace Engineers. After selecting a specific Occupation link, select the tab "Job Zone" to find out the designated Job Zone number and Specific Vocational Preparation (SVP) rating range.
15. What family members must I be sure to include on my entry?: On the entry you must list your spouse, that is husband or wife, and all unmarried children under 21 years of age. You must list your spouse even if you are currently separated from him/her, unless you are legally separated (i.e. there is a written agreement recognized by a court or a court order). If you are legally separated or divorced, you do not need to list your former spouse.
You must list ALL your children who are unmarried and under 21 years of age, whether they are your natural children, your spouse's children, or children you have formally adopted in accordance with the laws of your country, unless such child is already a U.S. citizen or Legal Permanent Resident. List all children under 21 years of age even if they no longer reside with you or you do not intend for them to immigrate under the DV program.
16. I have a child who is 20 years now but who is going to be 21. Should I list this child on my entry? Would this child be eligible for a visa in case I win?: 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.
17. I have a fiancee/fiance. If I win DV-2009 will she/he be eligible to immigrate with me?: Your fiancee/fiance will be able to apply for DV visa only if you get officially married by the time of your visa application submission. You will have to show your marriage certificate to prove she/he is eligible to apply for a visa as your dependent.
18. May persons who are already registered for an immigrant visa in another category apply for the DV-2009 program?: Yes, such persons may apply for the DV-2009 program through this registration as well.
19. How will successful registrants be selected?: At the Kentucky Consular Center, all entries received from each region will be individually numbered. After the end of the registration period, a computer will randomly select entries from among all the entries received for each geographic region. Within each region, the first entry randomly selected will be the first case registered, the second entry selected the second registration, etc. All entries received during the registration period will have an equal chance of being selected within each region. When an entry has been selected, the entrant will be sent a notification letter by the Kentucky Consular Center, which will provide visa application instructions.
Notifications will be sent by a regular mail only to the address listed on the entry. Should you receive an e-mail notification about your selection, be aware that the message is not legitimate.
20. How are the applicants informed about the results?: Only successful applicants will be notified by mail by the Kentucky Consular Center at the address listed on their entry. The notifications will be sent to the winners of the DV-2009 between May and July 2008, along with instructions on how to apply for an immigrant visa. Applicants must meet all eligibility requirements under U.S.law to be issued a visa. Persons not selected will NOT receive any notification. U.S. embassies and consulates will not be able to provide a list of successful applicants. Spouses and unmarried children under age 21 of successful applicants may also apply for visas to accompany or follow to join the principal applicant.
21. Will applicants who are not selected 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 expected to be 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 has not been selected.
22. How will I know if the notification of selection that I have received is authentic? How can I confirm that I have in fact been chosen in the Lottery?: Kentucky Consular Center (KCC) will send the letters notifying those selected. The notifications will be sent by a regular post to the address indicated on the entry. These letters will contain instructions for the visa application process. The instructions say the selected applicants will pay all diversity and immigrant visa fees in person only at the U.S. Embassy or Consulate at the time of the visa application. You should never send money for DV visas through the mail, through Western Union, or any other delivery service.
Kentucky Consular Center has never sent e-mails to notify selected individuals, and there are no plans to use e-mail for this purpose for the DV-2009 program. Should you receive an e-mail notification about your selection, be aware that the message is not legitimate.
23. How long do applicants who are selected remain entitled to apply for visas in the DV-2009 category?: Persons selected in the DV-2009 lottery are entitled to apply for visa issuance only during fiscal year 2009, i.e., from October 2008 through September 2009. Applicants must obtain the DV visa or adjust status by the end of the Fiscal Year (September 30, 2009). There is no carry-over of DV benefits into the next year for persons who are selected but who do not obtain visas during FY-2009. Also, spouses and children who derive status from a DV-2009 registration can only obtain visas in the DV category between October 2008 and September 2009. Applicants who apply overseas will receive an appointment letter from the Kentucky Consular Center four to six weeks before the scheduled appointment.
24. If the main applicant dies, what happens to the DV case?: The death of an individual selected in the lottery results in automatic revocation of the DV case. Any eligible spouse and/or children are no longer entitled to the DV visa, for that entry.
25. If I win DV-2009 will the US government assist me with airfare to the USA, provide assistance to locate housing and employment, provide healthcare or provide any subsidies until I'm fully settled?: No, applicants who obtain a DV visa are not provided any type of assistance such as airfare, housing assistance, or subsidies. If you are selected to apply for a DV visa, before you can be issued a visa, you will be required to provide evidence that you will not become a public charge in the U.S. This evidence may be in the form of a combination of your personal assets, an Affidavit of Support, Form I-134 from a relative or friend residing in the U.S. and/or an offer of employment from an employer in the U.S.