Getting the DV lottery results as a winner is a moment to cherish, but the requirements of the DV program and the process of adjustment of your U.S. lawful permanent status as a DV (immigrant) do not end with this lottery win. In this article, we’ll explore the crucial decision that DV lottery winners face: deciding in which country of the United States they want to adjust their status or proceed with getting their green cards through the U. S. consulate in their country of origin.
The DV Lottery: A Chance, Not a Guarantee
As this article proceeds in explaining the adjustment of status and consular processing, it is imperative to first define what it means to “win” the DV lottery. Champions do not get a green card or even permanent residence status on the field. Instead, it entails a golden chance to seek permanent residence status in the United States of America. You can find explicit procedures for deciding diversity and persecution in “So You Have Won the American DV (Diversity Visa) Lottery, Now What?”
Winning the DV lottery is just the beginning; you now face the challenging task of applying for a green card. This step is more complex than entering the lottery and can easily become stalled or delayed.
Adjusting Status vs. Consular Processing: Eligibility Factors
The factors for choosing between the change of status within the U. S or consular processing are as follows; The first one is the Immigration status of the candidate: if the candidate is in the United States legally or otherwise, how he or she got into the country is a key factor that will determine whether to apply for change of status within the United States or to proceed through the consular processing.
Eligibility for Adjustment of Status: If you lawfully immigrated to the U. S. and are an immigrant who is now residing in the U.S. with a valid immigration status, you might qualify for an adjustment of status through the United States Citizenship and Immigration Service (USCIS). However, should you have entered the State of Mexico without permission or over the allowed period of stay, then you would not be eligible for this loophole. There is an exception for those who applied for their green cards through the adjustment of status before April 2001.
Ineligibility for Adjustment of Status: It is important to understand that some people are categorically barred from applying for adjustment of status in the U.S., regardless of how they arrived. Some of the people categorized under this program include crewmen as well as participants in the “Visa Waiver” program. In case you remain unsure which class of immigration you fall into, it is best that you seek the services of an immigration lawyer.
Considering the Timing Factor
For a lot of DV lottery winners, when it comes to weighing the choice between the two, time is of the essence. Speed is paramount when dealing with the USCIS or any immigration agency as it determines your chances of being offered a green card. Here’s why timing matters:
Fiscal Year Deadline: The law also states that green cards cannot be provided to DV lottery winners after the end of the fiscal year, wherein the winner applied for the lottery. The prior approval is required and must be sought on or before the end of September of the specific year, the funds are required for.
Visa Bulletin Numbers: As for those entrants who are either ineligible for the lottery or do not meet the necessary criteria, DOS announces a greater number of slots for the year compared to the actual available positions to attract more people. Individuals with higher lottery numbers must remain patient until their numbers are selected as the latest available ones according to the Visa Bulletin.
The waiting period remains relevant, especially for winners with more numbers in green cards, reduced supply, and the start of the fiscal year. In taking the DV lottery, number 5 being the highest, there is no time to waste for all the winners most especially the ones with greater numbers.
The Choice Between Adjustment of Status and Consular Processing
When making this critical decision, you should consider various factors:
Family Location
Family in the U. S.: However, if your immediate family members are already with you in the U. S., or if you have the intention of moving them over to the US, the most commonly recommended option is to adjust your immigration status within the country. This significantly reduces the duration and nature of the separation, thus making the process more efficient.
Family Abroad:
If other family Members are not in the U. S., it may be more feasible to proceed toward the sponsorship of green cards for the whole family through the U.S. consulate nearer to your country. Opting for adjustment of status while your family is abroad means they must wait until USCIS approves your adjustment and notifies your home country consulate, a process that can add significant processing time.
Police Clearances and Security Checks
Applicants for green cards through consular processing must provide police clearance certificates from all countries (except the U.S.) where they’ve resided since age 16. Adjustment of status applicants are exempt from this requirement. If you’ve lived in multiple countries, this could impact processing speed, favoring adjustment of status.
Security checks are another consideration. Historically, adjustment applicants have faced fewer delays due to security checks compared to applicants at consulates abroad. Moreover, diversity visa applicants adjusting status in the U.S. now qualify for an expedited FBI name check process.
Travel Restrictions
If you reside in a country with travel restrictions or impossibilities, such as during the COVID-19 pandemic, consular processing might hinder your immigration progress. At the height of the pandemic, many consulates stopped scheduling interviews for DV lottery winners from affected countries. Any delay beyond the fiscal year’s end could result in losing your green card opportunity.
Making the Informed Choice
In summary, if you’re in the United States and eligible for adjustment of status as a DV lottery winner, careful consideration of processing speeds at your home consulate and USCIS field office is crucial. Additionally, you need to weigh individual factors, such as your family’s location and the number of countries you’ve resided in, when making this decision.
A final piece of advice for DV lottery winners choosing adjustment of status: Keep a close eye on the State Department Visa Bulletin, published monthly, to determine when to file your adjustment application. This responsibility falls on you, unlike consular processing applicants, who receive government notices guiding them through the process.
