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
Under U.S. immigration law, this benefit transfers to dependent family members, known as ‘derivatives’; DV winners can bring their spouses and unmarried children under the age of 21 with them to the U.S.
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 your spouse and children are eligible for derivative green cards, include them in your one and only Diversity Visa application filed with the U.S. 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
You must list all of your children, even if you are no longer married to their other parent or 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 win and do not list your spouse and children, all individuals mentioned in your 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, subtract the number of days between the start of the visa lottery application period and the date the applicant is selected from the child’s age on the day they become 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 according to the laws of their state or country 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.
Eligibility Criteria for Adopted Children
Legal Definition of Child:
Under U.S. immigration law, a “child” includes biological children, adopted children, and stepchildren. Therefore, Adopted children can be included as derivative beneficiaries in their parent’s DV lottery application, provided they meet the necessary conditions.
Inclusion in the Application:
The primary applicant (the lottery winner) must explicitly list adopted children in the DV lottery application to ensure their recognition as eligible for derivative status.
Age Limit:
Like biological children, adopted children must remain unmarried and be under the age of 21 at the time of application to qualify for a derivative green card. The Child Status Protection Act (CSPA) can provide some relief if they are close to turning 21 during the process.
Documentation Required:
When applying for a green card, parents must provide proof of the adoption, typically through a certified copy of the final adoption decree. This documentation is crucial to establish the legal relationship between the parent and the adopted child.
Unmarried Status Requirement:
Adopted children must remain unmarried throughout the application process to maintain their eligibility for a derivative green card
Required Documents for Proving Adoption
Final Adoption Decree: A certified copy of the final adoption decree is essential. This document legally establishes the relationship between the adoptive parent and the child.
Proof of Relationship: In addition to the adoption decree, any additional documentation that supports the legal relationship may be beneficial. This could include:
- Custody agreements, if applicable.
- Evidence showing that the adoption was finalized before the child turned 21.
Birth Certificate: While not strictly necessary for proving adoption, a copy of the child’s birth certificate can help establish their identity and age, confirming that they are under 21 at the time of application.
Identity Documents: The child should also provide a government-issued identity document with a photograph, if available.
Passport-Style Photographs: Two recent passport-style photographs of the child are typically required for the application process.
Translation of Documents: If any documents are in a foreign language, certified translations into English must accompany them.
These documents will be submitted during the application process, either through Form I-485 (if adjusting status in the U.S.) or during consular processing at a U.S. embassy or consulate. Properly preparing and presenting these documents is crucial for ensuring that adopted children receive their derivative green cards successfully.
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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a K-1 Visa or a Diversity Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
