The green card in the United States is considered the most sought-after prize for people from all walks of life striving for the American dream. The Diversity Visa (DV) lottery is the most desirable program for rolling this dream into reality. While one can participate in the program, the biggest perk of the lottery is that it does not exclude the family members of the winners. In this step-by-step guide, younger siblings and children of DV lottery applicants will learn how to apply themselves for a green card in the hope of a brighter future in the US.
Understanding Derivative Green Cards
This benefit is transferable, under US immigration law, to dependent family members, who are called ‘derivatives’: the winners of DV can bring their spouses and their unmarried children under the age of 21 with them to the US.
The derivative green card process ties directly into your first Diversity Visa application. This means that you will have to learn how to apply, and the legal proceedings for your family members to obtain the status of lawful permanent residents.
Including Spouses and Children in the DV Application
To ensure that your spouse and children are eligible for derivative green cards, you need to include them in your one and only Diversity Visa application that you are allowed to file with the US Department of State. The following is what you need to know:
Inclusive Information
The information that you need to provide in your application includes details about your spouse, including their name, age, and place of birth. The same applies to all your non-U. S. -born children, and this includes adopted children, as well as step-children.
Inclusivity Regardless of Marital Status
It’s important to note that you must list all of your children, even if you are no longer married to their other parent or if you are planning to get a divorce. Failing to include a spouse or child in your application can result in their ineligibility for a diversity visa.
U.S. Citizen or Green Card Holder Dependents
While it’s not mandatory to list a spouse or child who is already a U.S. citizen or a lawful permanent resident (green card holder), it is advisable to do so. This is particularly crucial if there is any uncertainty regarding their U.S. immigration status.
The Consequences of Omitting Family Members
Failure to list your spouse and all eligible children in your Diversity Visa application can have significant consequences. In such cases:
You will be disqualified from the lottery.
If you are selected as a winner and your spouse and children are not listed, all individuals mentioned in the application will be denied visas during the visa or green card interview.
Age Considerations for Children
One critical factor to bear in mind is that children must be under the age of 21 to be eligible for derivative green cards through the Diversity Visa program. However, there is a provision known as the “Child Status Protection Act” (CSPA) that can be invoked if a child is close to turning 21.
To calculate eligibility under CSPA, the number of days between the start of the visa lottery application period and the date the applicant is selected is subtracted from the child’s age on the day they are eligible to receive a visa. This provision can be a lifeline for families whose children are on the cusp of reaching the age limit.
Maintaining Unmarried Status
Another crucial requirement for children seeking derivative green cards is that they must remain unmarried throughout the application process. This condition holds until they complete the visa interview and enter the U.S. with their immigrant visas, at which point they become lawful permanent residents.
It is essential to remind any children contemplating marriage during this period of the potential ramifications, as last-minute marriages can jeopardize their chances of obtaining a green card.
Maximizing Chances with Joint Applications
If both spouses in a married couple are natives of qualifying countries, they can each submit individual entries into the Diversity Visa lottery. This strategic approach effectively doubles their chances of winning, as either partner can secure a visa, allowing the other to join as a derivative.
The U.S. government recognizes same-sex marriages for immigration purposes. Therefore, same-sex couples who are legally married, as per the laws of the state or country where the marriage ceremony took place, can list each other as spouses on their visa lottery applications.
Addressing the Unfortunate: The Death of the Primary Winner
In the unfortunate event that the primary Diversity Visa lottery winner passes away before receiving their visa, it has consequences for their spouse and children. If this occurs, the spouse and any eligible children cannot proceed with the visa process.
The Diversity Visa lottery program provides a unique opportunity for individuals worldwide to pursue the American Dream. By understanding the intricacies of including family members in the application, maximizing eligibility through strategic submissions, and adhering to the requirements, families can embark on a shared journey toward a prosperous and united future as lawful permanent residents of the United States.
