Diversity Visa FAQs

 

Q1. How many people will be selected for Diversity visas?

1. There are 50,000 DV visas available for DV-2013. Because it is likely that some of the first 50,000 persons who are selected will not qualify for visas or pursue their cases all the way to visa issuance, more than 50,000 entries will be selected by CA/CST 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.
2. Each month, visas will be issued to those applicants who are ready for issuance during that month, visa-number availability permitting.
3. Once all of the 50,000 DV visas have been issued, the program will end. In principle, visa numbers could be finished before September 2013. Selected applicants who wish to receive visas must be prepared to act promptly on their cases.
4. Random selection as a selectee does not guarantee that you will receive a visa. Selection merely means that you are eligible to apply for a Diversity Visa, and if qualified, issued a Diversity Visa. Only the first 50,000 selected applicants to qualify will be issued visas.

Q2. After the DV Lottery selection, how long does the alien have to apply for the visa?

1. Those selected in the DV-2013 lottery are entitled to apply for visa issuance only during fiscal year 2013 (from October 1, 2012, through September 30, 2013). Applicants must obtain their visa or adjust status by the end of the fiscal year, or September 30, 2013
2. There is no carry-over of DV benefits into the next year for persons who are selected but who do not obtain visas by September 30, 2013 (the end of the fiscal year).
3. Also, spouses and children who derive status from a DV-2013 registration can only obtain visas in the DV category between October 2012 and September 2013.

Q3. After DV Lottery selection, what happens if the DV Lottery winner dies?

1. The death of an individual selected in the lottery results in automatic revocation of the DV case. Any eligible spouse and/or children are no longer entitled to the DV visa for that entry.

Q4. After DV Lottery selection, what happens if the DV Lottery winner marries?

1. For any changes (i.e. change of address, marriage, or new child) after winning the DV Lottery, the winner will need to update the Kentucky Consular Center (KCC) detailing the new information.
2. They will also need to pay additional immigrant visa fees for the new spouse/child. The new addition will also have to submit DS 230 forms.
3. The US Government will closely scrutinize any marriages that occur after the Applicant has won the DV Lottery for potential fraud.

Q5. If the DV Lottery winner is in the US, can they adjust their status?

1. Yes. Applicants otherwise eligible to adjust status who are physically present in the United States may apply to the USCIS for adjustment of status to permanent resident.
2. Applicants must ensure that USCIS can complete action on their cases, including processing of any overseas derivatives, before September 30, 2013, since on that date registrations for the DV-2013 program expire. No visa numbers for the DV-2013 program will be available after midnight EST on September 30, 2013, under any circumstances.
3. This typically takes a longer amount of time to process then if the Applicant went abroad and consular processed (See Q6 below).
4. When applying for adjustment of status in the U.S., the Applicant and the derivative applicants are eligible for employment authorization and travel documents.

Q6. After selection, if the DV Lottery winner is abroad, how can they apply for their visa?

1. Consular Processing - An applicant in another country submits their Immigrant Visa Application at the U.S. Consulate or Embassy Abroad.
2. A Diversity processing fee is only charged when a winning lottery entrant applies for the Diversity visa.
   • At the time of the visa application at a U.S. consular office, each applicant (the DV entrant and any accompanying family members) will be charged a DV processing fee and immigrant visa fee.
   • Both of these fees are non-refundable if the visa is refused. If the visa is issued, a separate visa issuance fee is then charged for each visa.
3. Applications must be made to the U.S. Consulate or Embassy of the Applicant's birth country or last foreign residence.
4. Applicants who apply overseas will receive an appointment letter from the KCC four to six weeks before the scheduled appointment.
5. This process typically takes less time than adjusting status in the United States with the USCIS.

Q7. What if the DV Lottery winner forgot to list his or her spouse?

1. Failure to list your spouse will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview.
2. Entries must include the name, date, and place of birth of your spouse and all natural children, as well as all legally adopted children and stepchildren who are unmarried and under the age of 21 on the date of your electronic entry (do not include children who are already U.S. citizens or Lawful Permanent Residents), even if you are no longer legally married to the child's parent, and even if the spouse or child does not currently reside with you and/or will not immigrate with you.

Q8. What if the DV Lottery winner has been arrested? Are there any waivers for ineligibility?

1. Applicants are subject to all grounds of ineligibility (i.e. certain criminal convictions) for immigrant visas specified in the Immigration and Naturalization Act (INA).
2. There are no special provisions for the waiver of any ground of visa ineligibility aside from those ordinarily provided in the INA, nor is there special processing for waiver requests.
3. Some general waiver provisions for people with close relatives who are U.S. Citizens or Lawful Permanent Resident aliens may be available to DV applicants as well, but the time constraints in the DV program will make it difficult for applicants to benefit from such provisions.

Q9. What if the DV Lottery winner is already registered in another visa category?

1. The DV Lottery winner can still apply for a visa based on winning the DV Lottery.

 

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