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Every
year, a new batch of green cards waits to be picked ...
We recently had a guest expert chat on the Diversity Lottery.
Applications are due annually in a designated period between fall and
winter. Here is the transcript: Jennifer Wipf: Mr. Shusterman has arrived, everyone. Please
remember, all questions/answers are of a general nature and cannot be
construed as legal advice. Carl Shusterman: Good evening. I look forward to answering
your questions about the green card lottery. Question #1: How does one enter the green card lottery? Is
it a complex process? An expensive one? Carl Shusterman: The lottery is exclusively online. This
means that the State Department will not accept applications that are
made by mail. If you have access to the Internet, particularly from
your personal computer, then the process is relatively simple and
inexpensive. We link to the State Department's online application as
well as to their official instructions from http://shusterman.com/toc-lottery.html. Question #2: Maybe you can answer this question. Is this
lottery for immigrants from specific countries? Can an immigrant from
Mexico enter? Carl Shusterman: The lottery is supposed to promote
diversity among immigrants. Therefore, any country from which more
than 50,000 persons have immigrated to the United States over the last
five years is excluded from the lottery. These excluded countries are,
in alphabetical order, as follows: Brazil, Canada, China
(mainland-born only), Colombia, Dominican Republic, El Salvador,
Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, Poland,
Russia, South Korea, United Kingdom and Vietnam. Question #3: How long does it take from entering the lottery
to finding out if you won? And how long from finding out you won, to
getting in? Carl Shusterman: The green card lottery usually starts in
October or November and ends in December. Winners will be
notified the following spring. Persons who win the lottery must obtain
permanent residence in the United States the following fall. Question #4: If a family is in the United States right now,
on a 10-year visa that has to be renewed every six months, do they
have to go back to their homeland (Chile) to apply for the
lottery or to be eligible for that? How does it work? Do they have to
leave around the time they'd be notified if they won? Carl Shusterman: If a person is eligible for adjustment of
status to permanent residence within the United States, they can apply
for the lottery without leaving the United States. Otherwise, they
should apply abroad. However, if a person is residing unlawfully in
the United States, leaving the United States may subject them to
either a 3 or 10 year bar when they want to return. In such cases,
it's advisable to consult with an experienced immigration attorney. Question #5: I read that we have to have a family member
sponsor us, or an employer, if we come. So how does the lottery
benefit us? Anyone who has a family member or employer sponsoring
doesn't need a lottery. I thought this was for people who had no other
way. Carl Shusterman: Persons who win the lottery are not
required to be sponsored by a family member or by an employer. People
who are currently being sponsored by a family member or an employer,
may also wish to apply for permanent residence through the lottery.
Usually, obtaining permanent residence through the lottery is faster
than obtaining permanent residence through a family member or through
an employer. Question #6: Do you know what the statistical chances of
winning are? Are they the same for every entrant? Or do they vary by
country of origin? Question #7: I am on an F1, recently married a LPR, who will
not be eligible soon for naturalization. When I submit my DV 2005
application, do I need to answer to the question there
"married" and that will automatically take me to the screen
where I should fill in my wife info (which she does not need being a
LPR)? Should I rather put "unmarried" so that only my info
is submitted? And wouldn't that be considered a
"misrepresentation" if I win and then have to adjust status? Question #8: I am on H-1B visa and my wife is on H4 can we
apply using two different applications? Carl Shusterman: Yes Question #9: If I am the citizen of England, but I was born
in New Zealand, can I apply? Carl Shusterman: Only your country of birth is relevant, not
your country of citizenship. Therefore, you must apply as a person
born in New Zealand. Question #10: Do we get a receipt when we file online? How
can we know they got it? Carl Shusterman: You will receive an online confirmation
message which you may wish to print out and keep in a file. Question #11: If someone is indeed from an eligible country,
is there any other restriction against winning? Carl Shusterman: There are a number of restrictions against
winning, so I will only mention two of the most prominent. First, the photo requirements are very exacting. If you submit a
photograph which is the wrong number of pixels in height or width,
does not have the right type of background, shows your head in the
wrong position, your eyes are covered by sunglasses, your head is
covered by a hat or a scarf, etc. etc., your application may be
disqualified. Fortunately, the State Department's online application
contains an interesting feature called the "Photo Check
Response" which lets you know whether the photograph that you
submit is of the proper size and in the proper format (all photos must
be jpgs). Second, a person may only submit one application for the visa
lottery. If they submit multiple applications, they will be
disqualified. Question #12: Does the system check my answers to see if I
made any mistakes or anything? I am a non-resident alien and I use the
tax software which does this very well. Carl Shusterman: Other than the requirements for
photographs, the system has no idea whether the information that you
include on the online form is accurate, so be careful! Question #13: I intend to enter the lottery. My question is:
if I win, then marry my boyfriend who has been here illegally for 15
years, will he be able to apply at the same time like me? if this is
possible, will he have to apply in his country of origin or that could
be done in my country? Question #14: Do I have to put the name of my 7 months of
old daughter in dependents list for applying to the DV lottery? Carl Shusterman: You must list all unmarried children who
are not U.S. citizens or lawful permanent residents
on your application. These children may include biological children,
adopted children, and step-children. If your child was born in the
U.S., you do not need to include her. Jennifer Wipf: It looks like we covered the big issues as
many of you had the same or similar questions about the green card
lottery this year and the application process. With that said, I will
let Carl wrap up. Good night and good luck to everyone! Jennifer Wipf: Thank you Carl. Good night. Everyone, I'm
turning moderation off now, if you want to chat amongst yourselves.
From Jennifer Leavitt-Wipf, Related Articles |
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