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-2005 program.
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. WHAT
ARE THE REGIONAL DIVERSITY VISA (DV) LIMITS FOR DV-2005?
The Bureau of
Citizenship and Immigration Services (BCIS) determines the DV regional
limits for each year according to a formula specified in Section 203(c)
of the Immigration and Nationality Act (INA). Once the BCIS has
completed the calculations, the regional visa limits will be announced.
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7. WHEN
WILL ENTRIES FOR THE DV-2005 PROGRAM BE ACCEPTED?
The DV-2005 entry
period will begin on Saturday, November 1, 2003 and will last for 60
days through Tuesday, December 30, 2003. Each year millions apply for
the program during the registration period. The massive volume of
entries creates an enormous amount of work in selecting and processing
successful applicants. Holding the entry period during November and
December will ensure successful applicants are notified in a timely
manner, and gives both them and our embassies and consulates time to
prepare and complete entries for visa issuance.
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8. MAY
PERSONS WHO ARE IN THE U.S. APPLY FOR THE PROGRAM?
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.
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9. IS EACH
APPLICANT LIMITED TO ONLY ONE ENTRY DURING THE ANNUAL DV REGISTRATION
PERIOD?
Yes, the law
allows only one entry by or for each person during each registration
period; applicants for whom more than one entry is submitted
will be disqualified. The Department of State will employ
sophisticated technology and other means to identify individuals that
submit multiple entries during the registration period. Applicants
submitting more than one entry will be disqualified and an electronic
record will be permanently maintained by the Department of State.
Applicants may apply for the program each year during the regular
registration period.
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10. MAY A
HUSBAND AND A WIFE EACH SUBMIT A SEPARATE ENTRY?
Yes, a husband and
a wife may each submit one entry if each meets the eligibility
requirements. If either were selected, the other would be entitled to
derivative status.
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11. WHAT FAMILY MEMBERS MUST I INCLUDE ON MY DV ENTRY?
On your
entry you must list your spouse, that is husband or wife, and
all unmarried children under 21 years of age, with the exception of a
child who is already a U.S. citizen or a Legal Permanent Resident. You
must list your spouse even if you are currently separated from him/her.
However, if you are legally divorced, you do not need to list your
former spouse. For customary marriages, the important date is the date
of the original marriage ceremony, not the date on which the marriage is
registered. 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 by a previous marriage, or children you
have formally adopted in accordance with the laws of your country,
unless a 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.
The fact that you
have listed family members on your entry does not mean that they later
must travel with you. They may choose to remain behind. However, if you
include an eligible dependent on your visa application forms that you
failed to include on your original entry, your case will be
disqualified. (This only applies to persons who were dependents at the
time the original application was submitted, not those acquired at a
later date.) Your spouse may still submit a separate entry, even though
he or she is listed on your entry, as long as both entries include
details on all dependents in your family. See question 10 above.
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12. MUST EACH APPLICANT SUBMIT HIS/HER OWN ENTRY, OR MAY SOMEONE
ACT ON BEHALF OF AN APPLICANT?
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 an attorney, friend, relative,
etc., 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.
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13. 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.
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14. HOW
WILL SUCCESSFUL ENTRANTS 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
applicant will be sent a notification letter by the Kentucky Consular
Center, which will provide visa application instructions. The Kentucky
Consular Center will continue to process the case until those who are
selected are instructed to appear for visa interviews at a U.S. consular
office, or until those able to do so apply at a BCIS office in the
United States for change of status.
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15. MAY
WINNING APPLICANTS ADJUST THEIR STATUS WITH BCIS?
Yes, provided they
are otherwise eligible to adjust status under the terms of Section 245
of the INA, selected applicants who are physically present in the United
States may apply to the Bureau of Citizenship and Immigration Services (BCIS)
for adjustment of status to permanent resident. Applicants must
ensure that BCIS can complete action on their cases, including
processing of any overseas derivatives, before September 30, 2005, since
on that date registrations for the DV-2005 program expire. No visa
numbers for the DV-2005 program will be available after midnight on
September 30, 2005 under any circumstances.
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16. 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 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 application has not been selected.
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17. HOW
MANY APPLICANTS WILL BE SELECTED?
There are
50,000 DV visas available for DV-2005, but more than that
number of individuals will be selected. Because it is likely that some
of the first 50,000 persons who are selected will not
qualify for visas or pursue their cases to visa issuance, more than
50,000 entries will be selected by the Kentucky
Consular Center to ensure that all of the available DV visas are issued.
However, this also means that there will not be a sufficient number of
visas for all those who are initially selected. All applicants who are
selected will be informed promptly of their place on the list.
Interviews with those selected will begin in early October 2004. The
Kentucky Consular Center will send appointment letters to selected
applicants four to six weeks before the scheduled interviews with U.S.
consular officers at overseas posts. Each month visas will be issued,
visa number availability permitting, to those applicants who are ready
for issuance during that month. Once all of the 50,000
DV visas have been issued, the program for the year will end. In
principle, visa numbers could be finished before September 2005.
Selected applicants who wish to receive visas must be prepared to act
promptly on their cases. Random selection by the Kentucky
Consular Center computer does not automatically guarantee that you will
receive a visa.
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18. IS
THERE A MINIMUM AGE FOR APPLICANTS TO APPLY FOR THE DV PROGRAM?
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.
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19. ARE
THERE ANY FEES FOR THE DV PROGRAM?
There is no fee
for submitting an entry. A special DV case processing fee will be
payable later by persons whose entries are actually selected and
processed at a U.S. consular section for this year’s program. DV
applicants, like other immigrant visa applicants, must also pay the
regular visa fees at the time of visa issuance. Details of required fees
will be included with the instructions sent by the Kentucky Consular
Center to applicants who are selected.
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20. ARE DV
APPLICANTS SPECIALLY ENTITLED TO APPLY FOR A WAIVER OF ANY OF THE
GROUNDS OF VISA INELIGIBILITY?
No. Applicants are
subject to all grounds of ineligibility for immigrant visas specified in
the Immigration and Nationality Act. There are no special provisions for
the waiver of any ground of visa ineligibility other than those
ordinarily provided in the Act.
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21. MAY
PERSONS WHO ARE ALREADY REGISTERED FOR AN IMMIGRANT VISA IN ANOTHER
CATEGORY APPLY FOR THE DV PROGRAM?
Yes, such persons
may apply for the DV program.
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22. HOW
LONG DO APPLICANTS WHO ARE SELECTED REMAIN ENTITLED TO APPLY FOR VISAS
IN THE DV CATEGORY?
Persons selected
in the DV-2005 lottery are entitled to apply for visa issuance only
during fiscal year 2005, i.e., from October 2004 through September 2005.
Applicants must obtain the DV visa or adjust status by the end
of the Fiscal Year (September 30, 2005). 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-2005. Also, spouses and children who
derive status from a DV-2005 registration can only obtain visas in the
DV category between October 2004 and September 2005. Applicants who
apply overseas will receive an appointment letter from the Kentucky
Consular Center four to six weeks before the scheduled appointment.
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