DV-2005 Lottery Instructions, Electronic Filing Required
Posted Aug 29, 2003

The U.S. Department of State (DOS) has issued instructions for the annual Diversity Immigrant Visa Program for the upcoming fiscal year. Those selected under this program are eligible to apply for a green card or immigrant visa, provided that they are otherwise eligible for adjustment of status or consular processing, and that they meet specified lottery criteria. This program, known as DV-2005 or the "visa lottery," provides for an annual allotment of 50,000 immigrant visas to individuals from countries with lower rates of immigration. Accordingly, this means that natives of the following countries are NOT eligible: Canada, China (mainland), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, Russia, South Korea, United Kingdom (except Northern Ireland) and its dependant territories, and Vietnam. However, there are instances in which a person may be able to gain eligibility, even if born in one of the named countries. This is discussed in more detail below.

Electronic Applications Only

The most significant change from past years is that applications must be filed electronically. Unlike prior years, paper applications will not be accepted. The application period is between November 1, 2003 and December 30, 2003. These applications must be submitted online <http://www.dvlottery.state.gov/> within the 60-day application period. The page is not available, as yet, but we expect it to be working during the application period. Detailed instructions on the DV-2005 program are available on the DOS WebSite.

Native of Qualifying Country

As stated previously, natives of countries with high rates of immigration do not qualify. The lottery instructions are quite clear in describing qualifying and non-qualifying countries. However, it is sometimes possible to obtain benefits through the lottery even if born in one of the non-qualifying countries. An individual, who does not qualify directly, may qualify through his or her spouse. If a qualifying spouse, who is a native of a qualifying country, is selected, the other spouse and minor children would qualify as derivative beneficiaries, regardless of their country/ies of birth. Additionally, if a person was born in a non-qualifying country, but neither of his/her parents was born in that country, nor were residents at the time of the birth, the individual may be able to file a visa lottery application as a native of the country of either parent's birth.

Only One Application

Only one application is allowed per person. People who submit multiple applications will be disqualified entirely. Both parties to a marriage, and each adult child in the same family, may apply with separate applications, if each person satisfies the requirements.

Photo Specifications

Each applicant, as well as his/her spouse and all natural children under 21 (even if the child will not immigrate) must submit recent photographs, in the specified format. The photos must be submitted electronically, with the electronic entry form. Each person must have a separate photo. The detailed photo specifications are contained in the instructions. The photos must be in JPEG <.jpg> format. Care should be taken to review these specifications, as to the positioning of the person being photographed, allowable head coverings, and technical requirements. This is likely to be a problem area.

Education or Training

Applicants must have either a high school education or the equivalent. This is defined as the successful completion of a 12-year course of elementary and secondary education. Alternatively, a person can show proof of two years' work experience within the past five years in an occupation requiring at least two years of training or experience. Information from the U.S. Department of Labor will be used to define those positions requiring two years of training or experience.

Eligible for Green Card

Even if selected, one must be otherwise eligible for adjustment of status to permanent residence in the U.S. or consular processing abroad. Therefore, individuals who are illegally in the U.S. or who have fallen out of status may still be unable to benefit from the program in many instances. The same is true of persons outside the U.S. who have criminal backgrounds, contagious diseases, or otherwise fit within a category of persons ineligible for an immigrant visa.

Not All "Winners" Issued Green Cards

Following the entry period, "winners" will receive notification of their selection along with further instructions. However, more than the final 50,000 people each year are sent this notification. The reason for this is to ensure that all 50,000 visa numbers will be used. Some of these "winners" will not actually pursue their cases, for a variety of reasons, including the fact that some obtain benefits by other means while waiting for the lottery case results. Unfortunately, this also will result in some persons not being selected to receive green cards through the lottery program, even if they submit all papers to pursue their cases.

Conclusion

Many applicants do not qualify since they do not complete the technical requirements correctly. It is important to carefully read all instructions to make sure the application is correctly submitted and accepted. Although the purpose of the lottery program is laudable, most lottery applicants who have complex or difficult cases do not understand the complexities until it is too late, since a majority of these applications are filed without the help of a lawyer or legal counsel.