Congratulations! You’ve been selected for the Diversity Visa (DV) lottery, a significant step towards potential legal immigration to the U.S. However, there are several steps to complete before obtaining a green card. This article serves as a comprehensive guide to understanding your chances and the next steps for those who have won the DV lottery and are preparing to apply for a green card.
Understanding DV Lottery Eligibility
First and foremost, it is high time to determine who is eligible for getting a green card after passing through the DV lottery. If you are a foreign national currently in the United States and you have won the DV lottery, you can apply for a green card through a process called ‘adjustment of status.’
Eligibility for Adjustment of Status (AOS)
Lawful Presence for AOS: To apply for a green card through Form I-485, you must generally have a valid visa or be in lawful status at the time of the application. However, there are exceptions; individuals who entered the U.S. under the Visa Waiver Program or as crew members may be ineligible to adjust their status.
Ineligibility for AOS
If you entered the U.S. illegally or overstayed your visa, you may not be eligible for Adjustment of Status (AOS). This book aims to assist those who are unsure about the rules or their potential eligibility in the future.
Potential Hurdles in Your AOS Application
Although eligibility is a key factor, applicants often face many complications and difficulties that may discourage them from proceeding with the Adjustment of Status (AOS) even if they qualify. Here are some critical points to consider:
Timing
For DV green card applicants, it’s crucial to get AOS approval before the end of the fiscal year on September 30th to avoid losing your chance. Start the AOS process as soon as you’re selected, and keep your visa status updated to avoid complications.
Inaccuracies in DV Entry
Double-check with it to ensure that all the information you supplied during the initial DV lottery application is correct. In the proposed bill, USCIS may deny the application for AOS where an applicant has failed to list his or her spouse or child.
Inadmissibility Issues
You may fall under a category of aliens who are deemed inadmissible in the U. S. based on factors such as criminality, communicable diseases, or a threat to U. S security. As for some grounds of inadmissibility, it is possible to make a waiver. For detailed information, explore “Inadmissibility: Media Analysis: When the U. S. Can Keep You Out.
Steps Toward AOS Based on a DV Win
Now that you understand the eligibility criteria and potential challenges, let’s delve into the steps involved in preparing your AOS application:
1. Follow DOS Instructions
As you check on your DV lottery status, you need to write down the notification selection letter from the Department of State (DOS). Visit https://dvprogram. state. Access the website www. .gov/ and follow the instructions that you will be given when entering the confirmation number. The letter will help you on how to send a cashier’s check or postal money order of $330 (Fiscal Year – 2023) to the DOS with a form indicating ” Adjustment of Status Fee Payment. “This fee Though labeled a DV fee, informs the DOS of your intention to apply for the AOS.
2. File Your AOS Application
You should however remove your AOS application to USCIS only when your case number falls under the DOS Visa Bulletin’s current month. If the number of visas is within the one given in the Visa Bulletin, then this means that the applicant is eligible to apply for AOS.
3. Mail Your AOS Application
- You should submit the AOS application to USCIS using Form I-485, along with all documents and fees via check or money order payable to the Department of Homeland Security (for more details on fees, visit the USCIS Fees page). Be sure to include the following essential documents:
- An acknowledgment from the DOS as regards payment.
- Proof of English language proficiency if applicable as stated in your DV entry requirements such as education or job experience. Sometimes it requires a friendly copy of the high school certificate or a letter from the employer indicating two years of training or work experience needed in some jobs.
- Any other document that normally accompanies the AOS application like a medical report, passport photos, Birth certificate, Marriage certificate, divorce certificate, etc if the case applies.
4. Await USCIS Response
After you submit your application through mail which should take about 21 days, USCIS will respond to your application by sending you a written confirmation which includes your case number. This number will allow you to check the condition of your case through the official website, by calling or visiting the nearby office of USCIS.
How can I check if my visa number is available for processing
To check if your visa number is available for processing, follow these steps:
1. Determine Your Priority Date
Your priority date is crucial in determining visa availability. It is the date when your immigrant petition (such as Form I-130 or I-140) was filed. You can find this date on the Form I-797 notice you received from USCIS.
2. Check the Visa Bulletin
The U.S. Department of State publishes a monthly Visa Bulletin that indicates the availability of immigrant visas based on priority dates. To check if your visa number is available:
- Visit the Visa Bulletin page on the Department of State’s website.
- Locate the chart relevant to your visa category (family-sponsored, employment-based, or diversity visa) and country of chargeability.
- Compare your priority date with the cut-off dates listed in the bulletin.
If your priority date is earlier than the cut-off date in the bulletin, your visa is available for processing.
3. Use the National Visa Center (NVC) Resources
If your petition has been approved and forwarded to the NVC, you can log into their system using the information provided in your Welcome Letter from NVC. This will allow you to check your case status and see if a visa interview can be scheduled.
4. Track Your Application Status
You can also track the status of your visa application through the Consular Electronic Application Center (CEAC) by visiting their status tracker page. This is especially useful after an interview to see if your application has been approved or if further action is needed 1.
5. Monitor Notifications from NVC
If a visa becomes available, the NVC will attempt to contact you via email or mail. Ensure that you respond promptly to any notifications regarding your case
This is an achievement many people would give their right arm for but then again, it is just the start of your ride towards attaining a U. S green card. Applying as soon as possible with all documents ready, focusing on all steps with great attention to details in this guide will help you attain the win of the DV lottery and turn it into reality.
In summary, your path to U.S. legal immigration is within reach after winning the DV lottery, and with the right approach and information, you can navigate it successfully.
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 an Immigrant Visas or Diversity Immigrant 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, coordinating 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.
