Texas Immigration

< Back to Texas Immigration Resources

FREQUENTLY ASKED QUESTIONS ABOUT DV REGISTRATION

1. WHAT DOES THE TERM "NATIVE" MEAN? ARE THERE ANY SITUATIONS IN WHICH PERSONS WHO WERE NOT BORN IN A QUALIFYING COUNTRY MAY APPLY?

"Native" ordinarily means someone born in a particular country, regardless of the individual's current country of residence or nationality. But for immigration purposes “native” can also mean someone who is entitled to be “charged” to a country other than the one in which he/she was born under the provisions of Section 202(b) of the Immigration and Nationality Act.

For example, if a principal applicant was born in a country that is not eligible for this year's DV program, he/she may claim “chargeability” to the country where his/her derivative spouse was born, but he/she will not be issued a DV-1 unless the spouse is also eligible for and issued a DV-2, and both must enter the U.S. together on the DVs. In a similar manner, a minor dependent child can be “charged” to a parent's country of birth.

Finally, any applicant born in a country ineligible for this year's DV program can be “charged” to the country of birth of either parent as long as neither parent was a resident of the ineligible country at the time of the applicant's birth. In general, people are not considered residents of a country in which they were not born or legally naturalized if they are only visiting the country temporarily or stationed in the country for business or professional reasons on behalf of a company or government.

An applicant who claims alternate chargeability must indicate such information on the application for registration.

2. ARE THERE ANY CHANGES OR NEW REQUIREMENTS IN THE APPLICATION PROCEDURES FOR THIS DIVERSITY VISA REGISTRATION?

The Department of State implemented an electronic registration system for last year's lottery in order to make the Diversity Visa process more efficient and secure. The Department utilizes special technology and other means to identify applicants who commit fraud for the purposes of illegal immigration or who submit multiple entries.

The DV-2006 Diversity Immigrant Visa Program registration period will run from noon Eastern Standard Time November 5, 2004 through noon Eastern Standard Time January 7, 2005.

3. ARE SIGNATURES AND PHOTOGRAPHS REQUIRED FOR EACH FAMILY MEMBER, OR ONLY FOR THE PRINCIPAL APPLICANT?

Signatures are not required on the Electronic Diversity Visa Entry Form. Recent and individual photos of the applicant, his/her spouse and all children under 21 years of age are required. Family or group photos are not accepted. Check the information on the photo requirements on page 2 of this bulletin.

4. WHY DO NATIVES OF CERTAIN COUNTRIES NOT QUALIFY FOR THE DIVERSITY PROGRAM?

Diversity visas are intended to provide an immigration opportunity for persons from countries other than the countries which send large numbers of immigrants to the U.S. The law states that no diversity visas shall be provided for natives of "high admission" countries. The law defines this to mean countries from which a total of 50,000 persons in the Family-Sponsored and Employment-Based visa categories immigrated to the United States during the previous five years. Each year, the U.S. Citizenship and Immigration Services (USCIS) adds the family and employment immigrant admission figures for the previous five years in order to identify the countries whose natives must be excluded from the annual diversity lottery. Because there is a separate determination made before each annual DV entry period, the list of countries whose natives do not qualify may change from one year to the next.

5. WHAT IS THE NUMERICAL LIMIT FOR DV-2006?

By law, the U.S. diversity immigration program makes available a maximum of 55,000 permanent residence visas each year to eligible persons. However, the Nicaraguan Adjustment and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning as early as DV-99, and for as long as necessary, 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. The actual reduction of the limit to 50,000 began with DV-2000 and remains in effect for the DV-2006 program.

6. WHAT ARE THE REGIONAL DIVERSITY VISA (DV) LIMITS FOR DV-2006?

The U.S. Citizenship and Immigration Services (USCIS) determines the DV regional limits for each year according to a formula specified in Section 203(c) of the Immigration and Nationality Act (INA). Once the USCIS has completed the calculations, the regional visa limits will be announced.

7. WHEN WILL ENTRIES FOR THE DV-2006 PROGRAM BE ACCEPTED?

The DV-2006 entry period will begin on noon EST Friday, November 5, 2004 and will last for 63 days through noon EST Friday, January 7, 2005. Each year millions apply for the program during the registration period. The massive volume of entries creates an enormous amount of work in selecting and processing successful applicants. Holding the entry period during November and December will ensure successful applicants are notified in a timely manner, and gives both them and our embassies and consulates time to prepare and complete entries for visa issuance. Applicants are strongly encouraged to enter early in the registration period. Excessive demand at end of the registration period may slow the system down. No entries whatsoever will be accepted after noon EST Friday, January 7, 2005.

8. MAY PERSONS WHO ARE IN THE U.S. APPLY FOR THE PROGRAM?

Yes, an applicant may be in the U.S. or in another country, and the entry may be submitted from the U.S. or from abroad.

9. IS EACH APPLICANT LIMITED TO ONLY ONE ENTRY DURING THE ANNUAL DV REGISTRATION PERIOD?

Yes, the law allows only one entry by or for each person during each registration period; applicants for whom more than one entry is submitted will be disqualified. The Department of State will employ sophisticated technology and other means to identify individuals that submit multiple entries during the registration period. Applicants submitting more than one entry will be disqualified and an electronic record will be permanently maintained by the Department of State. Applicants may apply for the program each year during the regular registration period.

10. MAY A HUSBAND AND A WIFE EACH SUBMIT A SEPARATE ENTRY?

Yes, a husband and a wife may each submit one entry if each meets the eligibility requirements. If either were selected, the other would be entitled to derivative status.

11. WHAT FAMILY MEMBERS MUST I INCLUDE ON MY DV ENTRY?

On your entry you must list your spouse, that is husband or wife, and all unmarried children under 21 years of age, with the exception of children who are already U.S. citizens or Legal Permanent Residents. You must list your spouse even if you are currently separated from him/her, unless you are legally separated (i.e. there is a written agreement recognized by a court or a court order.) If you are legally separated or divorced, you do not need to list your former spouse. You must list ALL your children who are unmarried and under 21 years of age, whether they are your natural children, your spouse's children, or children you have formally adopted in accordance with the laws of your country, unless such child is already a U.S. citizen or Legal Permanent Resident. List all children under 21 years of age even if they no longer reside with you or you do not intend for them to immigrate under the DV program.

The fact that you have listed family members on your entry does not mean that they later must travel with you. They may choose to remain behind. However, if you include an eligible dependent on your visa application forms that you failed to include on your original entry, your case will be disqualified. (This only applies to persons who were dependents at the time the original application was submitted, not those acquired at a later date.) Your spouse may still submit a separate entry, even though he or she is listed on your entry, as long as both entries include details on all dependents in your family. See question 10 above.

12. MUST EACH APPLICANT SUBMIT HIS/HER OWN ENTRY, OR MAY SOMEONE ACT ON BEHALF OF AN APPLICANT?

Applicants may prepare and submit their own entries, or have someone submit the entry for them. Regardless of whether an entry is submitted by the applicant directly, or assistance is provided by an attorney, friend, relative, etc., only one entry may be submitted in the name of each person. If the entry is selected, the notification letter will be sent only to the mailing address provided on the entry.

13. WHAT ARE THE REQUIREMENTS FOR EDUCATION OR WORK EXPERIENCE?

The law and regulations require that every applicant must have at least a high school education or its equivalent or, within the past five years, have two years of work experience in an occupation requiring at least two years training or experience. A "high school education or equivalent" is defined as successful completion of a twelve-year course of elementary and secondary education in the United States or successful completion in another country of a formal course of elementary and secondary education comparable to a high school education in the United States. Documentary proof of education or work experience should not be submitted with the lottery entry, but must be presented to the consular officer at the time of the visa interview. To determine eligibility based on work experience, definitions from the Department of Labor's O*Net OnLine database will be used.

14. HOW WILL SUCCESSFUL ENTRANTS BE SELECTED?

At the Kentucky Consular Center, all entries received from each region will be individually numbered. After the end of the registration period, a computer will randomly select entries from among all the entries received for each geographic region. Within each region, the first entry randomly selected will be the first case registered, the second entry selected the second registration, etc. All entries received during the registration period will have an equal chance of being selected within each region. When an entry has been selected, the applicant will be sent a notification letter by the Kentucky Consular Center, which will provide visa application instructions. The Kentucky Consular Center will continue to process the case until those who are selected are instructed to appear for visa interviews at a U.S. consular office, or until those able to do so apply at a USCIS office in the United States for change of status.

15. MAY WINNING APPLICANTS ADJUST THEIR STATUS WITH USCIS?

Yes, provided they are otherwise eligible to adjust status under the terms of Section 245 of the INA, selected applicants who are physically present in the United States may apply to the U.S. Citizenship and Immigration Services (USCIS) for adjustment of status to permanent resident. Applicants must ensure that USCIS can complete action on their cases, including processing of any overseas derivatives, before September 30, 2006, since on that date registrations for the DV-2006 program expire. No visa numbers for the DV-2006 program will be available after midnight on September 30, 2006 under any circumstances.

16. WILL APPLICANTS WHO ARE NOT SELECTED BE INFORMED?

No, applicants who are not selected will receive no response to their entry. Only those who are selected will be informed. All notification letters are sent within about five to seven months from the end of the application period to the address indicated on the entry. Since there is no notification provided to those not selected, anyone who does not receive a letter about five to seven months from the end of the registration period should assume that his/her application has not been selected.

Contact Texas Immigration Attorneys

Top of Page