Wolfsdorf Immigration Law
Group
Do I need an immigration lawyer for the lottery?
Bernard P. Wolfsdorf
Attorney at Law
Certified Immigration Law Specialist
State Bar of California
PAST PRESIDENT AMERICAN IMMIGRATION LAWYERS ASSOCIATION (AILA)
During the seminar: Please use your “Chat” function to ask questions
© 2011 Wolfsdorf Immigration Law Group (all rights reserved) . The contents of this document are proprietary and should not be
duplicated or shared without the express permission from Wolfsdorf Immigration Law Group.
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October 3, 2011
Topics of Discussion
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 What is the Diversity Visa Lottery
and how does the Program work?
 Who can participate?
 What to do once you have been
selected?
 Common issues and problems
October 3, 2011
General Overview
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 Immigration Act of 1990 created the permanent diversity program
 Rationale was to ''further enhance and promote diversity'' of





immigrants
Selection by lottery
One entry per person submitted online
Annual window for applications – DV-2013 registration period
from noon (EDT) October 4, 2011 until noon (EDT) November 5,
2011
No government fee to register for the DV program
Deceptively simple - rigid enforcement of regulations, with high
rates of disqualification
October 3, 2011
Requirements for Entry
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 Applicant must be a “native” of a qualified
country
 Applicant must meet either the education or
work experience requirement of the DV
Program.
October 3, 2011
Visa Allocation Under DV Visa Program
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 55,000 visas issued annually (5,000 under NACARA)
 Very complicated formula based on region & country of
chargeability
 Six regions: Africa, Europe, Asia, S. America, Oceana, and N.
America
 Restrictions:

Fewer visas for higher-admission regions (those with more
than 1/6 of worldwide LPR admissions over previous 5 years)

Excludes natives of high admission countries (> 50,000 LPR
admissions over previous 5 years)

No single country may receive > 7% of total DV visas
October 3, 2011
Visa Allocation Under DV Visa Program Continued
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 Natives of following countries ineligible for DV-2013 Visa
Program:
 Bangladesh, Brazil, Canada, China (mainland-born),
Columbia, Dominican Republic, Ecuador, El
Salvador, Guatemala, Haiti, India, Jamaica, Mexico,
Pakistan, Peru, Philippines, South Korea, United
Kingdom (except Northern Ireland) and its
dependent territories, and Vietnam
 Natives of South Sudan, Hong Kong, Macau and
Taiwan are eligible
October 3, 2011
Chargeability Under DV Visa Program
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Three methods to determine “native” country:

Applicant’s country of birth: most common method

Spouse’s country of birth: if applicant from ineligible country

Parent’s country of birth: if applicant was born in an ineligible
country of which neither parents were born nor resident at time of
applicant’s birth (Missionary Exception)
Always check applicant’s country of birth at time of
application (not birth); at the time born it may have been
Germany but now US recognizes place born as Poland. State
Department determines; dependent areas or colonies charged to controlling state, except Hong
Kong and Northern Ireland. Hong Kong is not part of China for the green card lottery
October 3, 2011
Chargeability continued
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
Cross-charging from a non-eligible country to an eligible country. Applicant born
in Brazil (non-eligible) whereas spouse born in South Africa. Both apply as
South Africans. Brazil not eligible whereas last year 50,000 Africans where
registered (Africa takes half of all diversity visas).

Cross-charging to overcome per country limitations. Applicant born in Egypt
which (commonly exceeds 7% per country limitation but spouse born in South
Africa. Both must apply as South Africans as the South African per country
limitation is not oversubscribed.

Cross-charging from a lower allocation region to a higher allocation region.
Applicant born in Argentina but spouse born in South Africa. South America
got only 2,002 visas allocated whereas Africa got 50,000. With 25 times as
many visas allocated the chance of success increased 25,000% by applying
under the African quota.

Cross-charging to overcome rapid visa exhaustion. Applicant born in Ethiopia or
Uzbekistan but spouse born in Swaziland with relatively few applicants. Both
should apply under the Swaziland quota since both of these countries per
country limitation is frequently oversubscribed. CONFUSED YET?
October 3, 2011
High School Education or Equivalent
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 Only required for principal applicant
 Completion of twelve-year course of elementary and
secondary study
 “Foreign Education Credentials Required” – Dept. Of
State guidebook with country-specific information on
education certificates
 Vocational degrees that are not considered a basis for
further academic study will not qualify
 Degree evaluations required for adjustment of status
interviews but not for consular interviews
October 3, 2011
Work Experience
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 Alternative to high school diploma
 Within the five years of the date of application, must have at least
two years of work experience in an occupation which
requires at least two years of training or experience
 Current occupation must be classified in a Department of Labor
(DOL) SVP range of 7.0 or higher
 DOL O*Net Online Database
October 3, 2011
Special requirements for E-DV Entry Form
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 Family Member – Provide information on spouse and all unmarried
children under age of 21, regardless of whether they live with
applicant or intend to immigrate under the DV program. Exception
– spouse or child already a US citizen or permanent resident.
 Photographs – recent, digital photographs of applicant, spouse and
each unmarried child under age of 21, even if child no longer resides
with applicant or child will not immigrate under the DV program.
Caution: if the digital image does not conform to technical
requirements, the E-DV form will be rejected.
 Designate country of chargeability
 Indicate highest level of education
October 3, 2011
The Selection Process
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 Kentucky Consular Center (KCC) sorts the DV entries into six
geographic regions and a computer randomly selects entries
from each of the following regions:
AF:
AS:
OC:
EU:
NA:
SA:
Africa
Asia
Oceania
Europe
North America
South America, Central America & Caribbean
October 3, 2011
The Selection Process continued
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 KCC routinely selects over 100,000 “winning” tickets for
only 55,000 green cards
 Within each region, the 1st randomly selected entry will
be the 1st registered for that region, the 2nd selected entry
will be the 2nd registered, so that the case numbers will
look like AF00000001, AF00000002, etc.
 The State Department’s Visa Bulletin publishes the
immigrant visa numbers available for DV applicants
based on assigned their case numbers per region until the
50,000 visa numbers have been allocated
October 3, 2011
Were you selected?
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 Starting May 1, 2012, all DV-2013 entrants can check if
selected by entering their confirmation number at the EDV website (www.dvlottery.state.gov)
Caution: if you lose your confirmation number you
will not be able to check if you have been selected.
The State Department does not notify winners by mail or
email
 Selectees, their spouses and children must complete the
process for obtaining their immigrant visas
between October 1, 2012 – September 30, 2013.
See Blog: Diversity Green Card Lottery Opens
October 4 – “The Cinderella Visa”
 http://connect.wolfsdorf.com/?p=1029
•
October 3, 2011
Consular Processing vs. Adjusting Status
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 Consular Processing:

DSP-122 and DS-230 Part 1 & 2
and government filing fees
submitted to KCC

KCC creates DV IV file for the
principal applicant and qualifying
dependents.

KCC conducts FBI names checks
and submits security advisory
opinions where required

Once the applicant’s case number
becomes current on the Visa
Bulletin, the KCC will schedule an
appointment for interview at U.S.
Consulate
 Adjustment of Status:

Must be physically in the U.S. in lawful
status

Once number is ‘current’ on Visa
Bulletin, principal applicant and
qualifying dependents may submit
Application Form I-485 with
supporting documents and fees to
USCIS Applicant

Applicant and qualifying dependents
will be interviewed at local USCIS
District Office

Must ensure the adjustment
application is granted by September
30.
October 3, 2011
Potential Pitfalls
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
Grounds of Inadmissibility and Bars to Adjusting Status.

Applying to adjust status in the U.S. with even one day out of status or one day of unauthorized
employment means denial of adjustment of status and possible removal unless have section 245 (i)

If applying abroad and having over 180 days of “unlawful presence” the 3-year bar may apply. This
increases to 10 years if over one year of unlawful presence.

Non compliance with the two-year home residence requirement for certain J-1 visa holders.

Criminal convictions, alcohol or drug abuse (and other grounds of inadmissibility) can be grounds for
denial.

Visa fraud and misrepresentation and failure to disclose material facts can lead to permanent bars to
admission.

Public charge – many winners are rejected based on concerns they will not be able to meet current poverty
guidelines. For 2011 a family of four must earn $22,350

Be wary of Internet Fraud and Scams! Many scams are out there. Consider working with a state bar certified
specialists in immigration law, if you decide to use a lawyer.
October 3, 2011
Please use your “Chat” function to ask questions
For follow-up questions:
Question and Answer Session
Bernard P. Wolfsdorf, Esq.
bernard@wolfsdorf.com
Wolfsdorf Immigration Law Group
1-800-VISA-LAW
1416 2nd Street
Santa Monica, CA 90401
© 2011 Wolfsdorf Immigration Law Group (all rights reserved) . The contents of this document are proprietary and should not be
duplicated or shared without the express permission from Wolfsdorf Immigration Law Group.
This presentation does not constitute direct legal advice and is for informational purposes only. The information provided
should never replace informed counsel when specific immigration-related guidance is needed.
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October 3, 2011