The Diversity Immigrant Visa Program (DV Program), commonly known as the Diversity Visa Lottery, is an annual initiative that offers up to 50,000 immigrant visas to individuals from countries with low immigration rates to the United States. Administered by the U.S. Department of State (DOS), this program aims to increase diversity in U.S. immigration by selecting applicants randomly from eligible countries.

Overview of the Diversity Visa Lottery

The DV Program is designed to ensure equitable immigration opportunities for individuals from countries with historically low levels of U.S. immigration. The selection process is random, with each eligible country having equal chances. The program starts each year with registration, followed by a lottery draw from among qualified applicants.

Most winners reside outside the U.S. and complete the immigration process through consular processing at a U.S. embassy or consulate. However, for those already residing legally in the U.S., the adjustment of status process is handled by the U.S. Citizenship and Immigration Services (USCIS).

Eligibility for Adjustment of Status in the DV Program

For Diversity Visa winners legally residing in the United States, adjustment of status is possible, provided the following criteria are met:

1. Winning the Diversity Visa Lottery: Applicants must have been selected for a diversity visa in the annual lottery conducted by DOS.
2. Visa Availability: An immigrant visa must be immediately available at the time of filing Form I-485, Application to Register Permanent Residence or Adjust Status.
3. Admissibility: Applicants must be admissible to the United States, meaning they are not barred by any grounds of inadmissibility, such as criminal history or security concerns.

Visa Availability

To determine visa availability, applicants should refer to the DOS Visa Bulletin, which is published monthly. The bulletin contains two relevant sections for Diversity Visa applicants:

1. Section B: Displays the current month’s visa availability, indicating when the Diversity Immigrant cut-off is met. Applicants with rank numbers below the specified cut-off for their geographic region are eligible to receive a visa.
2. Section C: Shows the next month’s rank cut-offs, providing advance notification of visa availability. This allows Diversity Visa winners to file for adjustment of status up to six or seven weeks before a visa can be allocated.

Applicants should submit their adjustment of status applications as soon as they become eligible to ensure timely processing before the fiscal year ends.

Application Process for Diversity Visa Adjustment of Status

If you are a Diversity Visa lottery winner legally residing in the U.S., you can apply for a Green Card by filing Form I-485. Here’s how the process works:

Step 1: Complete and File Form I-485

Form I-485, Application to Register Permanent Residence or Adjust Status, is the main form required for adjustment of status. It should be accurately completed and submitted to USCIS.

Step 2: Submit Supporting Evidence

Supporting evidence is crucial to proving eligibility. When filing Form I-485, you must include:

• Two passport-style photos: These photos must meet the U.S. passport photo requirements.
• Copy of birth certificate: It must be translated into English if it is in another language.
• Form I-693: This is the Report of Medical Examination and Vaccination Record, which must be completed by a USCIS-approved civil surgeon.
• Copy of passport page with nonimmigrant visa (if applicable): This proves the applicant’s entry status.
• Copy of passport page with admission (entry) or parole stamp (if applicable): This shows proof of legal entry.
• Form I-94, Arrival/Departure Record: This document confirms the date of entry and status at the time of entry.
• Certified copies of court records: If the applicant has been arrested, all court records related to the case must be included.
• Copy of the principal applicant’s selection letter: This is the official notice from DOS indicating the applicant’s selection in the Diversity Visa Lottery.
• Copy of the receipt from DOS for the Diversity Visa Lottery processing fee: Proof of payment is necessary.
• Form I-601 (if applicable): Applicants who are inadmissible must submit this form to apply for a waiver of grounds of inadmissibility.
• Applicable fees: Ensure that all required fees for filing Form I-485 and any associated forms are submitted.

Step 3: Biometrics Appointment

After USCIS receives Form I-485, they will schedule a biometrics appointment for applicants to provide fingerprints, photographs, and signatures for background checks.

Step 4: Interview (if required)

In some cases, USCIS may require an interview to verify the applicant’s eligibility. The interview will cover the information provided in Form I-485 and the supporting evidence. Applicants should be prepared to answer questions related to their background, residency status, and eligibility for adjustment of status.

Step 5: Decision on the Application

Once the adjustment of status application has been reviewed, USCIS will issue a decision. If approved, the applicant will receive a Green Card, granting them lawful permanent resident status. If denied, applicants may appeal the decision or file a motion to reopen or reconsider their case.

Important Tips for Diversity Visa Applicants

• File Promptly: Because Diversity Visas are only available for the fiscal year in which applicants are selected, it is essential to file Form I-485 as soon as you become eligible. Delays in filing or documentation submission could result in visa numbers being exhausted.
• Monitor the Visa Bulletin: Regularly check the DOS Visa Bulletin to stay updated on rank cut-offs and visa availability. This ensures you are prepared to submit your adjustment application when eligible.
• Submit Accurate Documentation: Missing or incorrect documentation can delay processing or lead to denial. Ensure that all required forms, evidence, and fees are included with your application.
• Seek Legal Assistance if Necessary: If you face complexities during the adjustment process, such as inadmissibility issues or legal questions, consider consulting an immigration attorney or legal expert for guidance.

Conclusion

The Diversity Visa Lottery offers a unique opportunity for individuals from underrepresented countries to obtain U.S. permanent residency. For those already residing legally in the U.S., the adjustment of status process allows them to secure a Green Card without leaving the country. By understanding eligibility criteria, preparing accurate documentation, and filing promptly, Diversity Visa winners can successfully transition to lawful permanent residents. For more information, visit the U.S. Department of State’s website or consult USCIS resources.