DV-2006 Visa Lottery Instructions Issued Posted Oct 08, 2004 ©MurthyDotCom The U.S. Department of State (DOS) issued the 2006 Diversity Immigrant Visa Program (DV-2006) instructions at the end of September 2004. The DV program is commonly referred to as the visa lottery. ©MurthyDotCom Overview of the Program ©MurthyDotCom This program allows for the issuance of 50,000 immigrant visas to eligible persons from countries with low rates of immigration to the United States. The detailed instructions for submitting an application are available on the DOS WebSite. Applicants must be from a list of accepted countries. ©MurthyDotCom Countries Not Eligible to Participate ©MurthyDotCom Ineligible for participation in this program are natives of countries with high rates of immigration to the United States over past years. These excluded countries are: Canada, China (mainland born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, Russia, South Korea, United Kingdom (except Northern Ireland), and Vietnam. ©MurthyDotCom When and How to File ©MurthyDotCom The entries have to be submitted electronically within a narrow window of time; between Friday, November 5, 2004 and Friday, January 7, 2005. It is no longer possible to submit paper filings. Persons are advised not to wait until the last minute, as the electronic system may make it impossible to file last minute. For DV-2005, the first year in which electronic filing for DV entries was used, the system was overloaded and unable to accept some of the last-minute entry efforts. The application form and instructions for electronic submission will be available online during the registration period once it begins on November 5, 2004. [Note : This link will be activated ONLY once the registration period begins.] ©MurthyDotCom eFiling Controversy ©MurthyDotCom The use of eFiling created controversy last year for DV-2005, the first year for eFiling, and continues to be of concern for DV-2006. Obviously, eFiling capability is not available to all. The DOS says it studied this matter last time and determined that they had very similar percentages of applicants from the various countries and regions last year despite the use of eFiling. They state that they continue to receive applications in the same proportions as before from developing and disadvantaged areas. The DOS finds the eFiling more secure, convenient, and efficient. ©MurthyDotCom Beware of Imposters ©MurthyDotCom Last year there were imposter websites that took money from individuals, supposedly to file applications for them to participate in the DV lottery program. The DOS WebSite is the one and only legitimate lottery application website. There is no filing fee for submitting an entry. Using an unauthorized website will cause applicants to lose their money and will not guarantee them a chance to participate, as the application may not actually be submitted to the DOS. ©MurthyDotCom Follow Specific Filing Directions ©MurthyDotCom There are detailed directions and explanations of requirements on the DOS WebSite. These should be reviewed carefully. Applications that are not properly filled out will not be accepted. There are specific requirements for photographs, listing and including family members, only filing one entry, and other important aspects of the program. There are also FAQs explaining the process and other common concerns. ©MurthyDotCom Lottery Selection No Guarantee of Green Card ©MurthyDotCom Selection as a lottery winner assures one neither immigration to the United States nor the green card. It is necessary to undergo consular processing for an immigrant visa or an adjustment of status to permanent residence in order to obtain a green card under this program. To benefit, one must be eligible for consular processing or adjustment of status under current immigration laws. Thus, anyone who has violated immigration laws may wish to consult with an attorney to determine whether s/he would be eligible for benefits even if selected. One must also be able to complete the process before the end of the 2006 fiscal year (September 30, 2006) and be able to show that all education / employment requirements are met. There are more persons selected than there are available visas. The ability to obtain one of the visas depends upon published numbers by region. Each randomly selected case is assigned a number that determines a place in line for one of the limited lottery visas. ©MurthyDotCom Conclusion ©MurthyDotCom We recommend to MurthyDotCom and MurthyBulletin readers that no one should rely solely on the visa lottery program when planning immigration to the United States. While each year many do receive permanent residence through the program, it is a random selection after many hurdles have been overcome. It is a viable and worthwhile option for numerous people but should not be considered a safe or sure route for obtaining the green card. Even those chosen based upon the initial entry and who fully qualify to file for Adjustment of Status or proceed with the Consular Processing stage must have the entire case finalized by the end of the fiscal year. Thus, either permanent residence status must have been obtained, or a visa issued through consular processing with entry to the U.S., before September 30, 2006. Delays by the USCIS or at the consulates, or any missing paperwork or other type of problem that causes the case to go beyond the allowed deadline, will result, therefore, in a denial. © 2004 The Law Office of Sheela Murthy, P.C. All Rights Reserved
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