Lottery Winners can file Adjustment (I-485) Applications Early
Posted Feb 25, 1999

In order to obtain ones permanent resident status or green card after being selected under the DV program (diversity visa, also known as visa lottery), it is necessary to file for adjustment of status to permanent residence (if eligible and in the U.S.) or to process for a visa at a consulate abroad. All green card applicants must go through one of these two processes, but for lottery winners there is a time deadline, because their cases must be approved within that particular fiscal year (by September 30). Every year, there are many sad, even tragic, cases of deserving persons who simply run out of time, often caused by INS delays in processing the file.

In order to relieve some of this time pressure, the U.S. Department of State has announced that it will begin providing the cut-off numbers 90 days early. (More persons are selected than can actually receive visas, and each winner is assigned a ranking number. Every month the cut-off numbers are announced.) In addition, the INS has issued a bulletin stating that it will accept DV adjustment of status applications 90 days in advance. In that way, INS can begin processing the required security clearance background checks, as well as scheduling interviews. Cases will not be approved until ones cut-off date is current, but it is hoped that filing early will enhance an applicants chances of receiving an approval in time.

As we have pointed out in earlier editions of the Immigration Law Bulletin of the Law Office of Sheela Murthy, persons in oversubscribed countries like India and China are not eligible to participate in the visa lottery program, but since nationality for DV purposes is determined by the country of birth, it is possible for example for a person of Indian origin or Chinese origin who is born in a qualifying country, to participate in the visa lottery program. It is also possible to qualify based on ones spouses country of birth. We will advise our readers when the U.S. State Department releases information for this years program.