DOS Issues DV-2004 Visa Lottery Instructions
Posted Aug 30, 2002

The U.S. Department of State (DOS) has issued instructions for the annual visa lottery program, known officially as the Diversity Immigrant Visa Program. The application period for the next visa lottery, the DV-2004 program, will be from noon on Monday, October 7, 2002 to noon on Wednesday, November 6, 2002. Entries received before or after these dates will be automatically disqualified.

Since the application requirements and procedures vary somewhat from one year to the next, DOS issues a complete set of instructions each year around this time. We provide some highlights in this article for the benefit of MurthyBulletin and MurthyDotCom readers. The official instructions can be found on the DOS Consular Affairs WebSite.

ELIGIBILITY REQUIREMENTS

Qualifying Country
The applicant must be “native” to a “qualifying country." Typically, the native country is the country where the applicant was born. There are, however, some limited exceptions. It is possible to qualify under the country of one's spouse, provided that both the applicant and spouse are applying and will enter the U.S. simultaneously. If one was born in a country where neither of the parents was born, and neither parent resided there at the time of the birth, one may be able to claim nativity in one of the parents’ countries of birth.

Another exception may be if the national borders changed at some point after the person was born, so that the place of birth is now in a qualifying country. An example would be if a person was born in Bangladesh at the time it was known as East Pakistan, and was part of Pakistan. As is evident in the list below, Pakistan is not a qualifying country, but the person would qualify as a native of Bangladesh.

The list of eligible countries is the same as in the previous, DV-2003, lottery program. The countries that qualify are those whose nationals are not well represented in the U.S. immigrant population. Conversely, the countries that are excluded are the so-called "high admission" countries and their nationals cannot participate in the visa lottery program. The excluded countries, which are ineligible for the DV lottery are:

Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam

Education or Experience Requirement

The applicant must possess either (i) a high school education or its equivalent OR (ii) 2 years of work experience within the past 5 years in an occupation requiring at least 2 years of training or experience.

COMPLETING THE APPLICATION

There is no specific format. Only one entry is allowed per person. Use a plain sheet of paper and type or print the following:

a) Full Name with Last Name (i.e. family name or surname) underlined

b) Date of Birth, in following order: day, month (written out, not as a number), year

c) Place of Birth, including City / Town, District / County/Province, and Country. If the name of the country has changed, use the current name.

d) Applicant’s Native Country, if different from country of birth

e) Name, date and place of birth of the Applicant’s Spouse.

f) Name, date and place of birth of all the Applicant's Children, including legally-adopted and stepchildren, who are unmarried and under 21 years of age. The entry will be disqualified if it is later found that the applicant failed to list all children, even if those children do not live with, or will not be immigrating with, the applicant.

g) Full Mailing Address.

h) Telephone Number and eMail Address are optional

i) Photograph : The application must include recent photos of the applicant and each family member including the applicant’s spouse and all children. Print name and date of birth of each person on the back of his/her photo, and attach with tape, not staples. Group photos are not allowed.
It is absolutely essential to consult the DOS WebSite for the specific photo requirements, since there are extremely detailed instructions given. If the photos do not conform EXACTLY to the DOS specifications, the application will be disqualified.

j) Signature : The applicant must personally sign the application. The signature must be in the Applicant’s native alphabet, as it would appear on a passport or other official document. It must be the applicant's usual signature, and all names must be written out (no initials). One may sign in the Roman alphabet if the signature is not in the native alphabet but only after first signing in the native alphabet.

WHERE AND HOW TO FILE

Each region has a separate mailing address at the Kentucky Consular Center. Note that the address for submitting the DV applications has changed. For details of the address for your region, consult the DOS WebSite or have our Office assist you with the application. Information on engaging the services of The Law Office of Sheela Murthy is available on MurthyDotCom.

The application must be submitted by means of regular or airmail only. Other methods of mailing will not be processed. In the upper left hand corner of the envelope, the applicant must write his/her country of nativity, followed by his/her name and full return address. If using a native country other than the country of birth, according to the DOS rules, then that native country would be indicated on the envelope.

There are also specific requirements for the size and type of envelope that must be used.

SELECTION PROCESS

Applicants are selected by a computerized random drawing from 6 geographic regions. DOS will send notification letters by mail between May and July of 2003. DV-2004 visas will be issued between October 1, 2003 and September 30, 2004. INS must complete action on all cases before September 30, 2004. No visa numbers for the DV-2004 Program will be available after midnight on September 30, 2004.

Important Note : The above is not a comprehensive list of all the requirements and instructions. Kindly consult the DOS Consular Affairs WebSite, which provides Frequently Asked Questions as well as the instructions. If you have further questions it may be helpful to also consult an attorney. Failure to comply with any of the instructions will lead to disqualification.