Green Card Through the Diversity Immigrant Visa Program
The Diversity Immigrant Visa Program (DV Program) makes up to 50,000 immigrant visas available annually, drawn from random selection among all entries to individuals who are from countries with low rates of immigration to the United States. The DV Program is administered by the U.S. Department of State (DOS).
Most lottery winners reside outside the United States and immigrate through consular processing and issuance of an immigrant visa.
Diversity Visa Winners Legally Residing in the United States: Apply Through USCIS
There are, however, a small number of lottery winners each year who, at the time of winning the lottery, are residing in the United States in a nonimmigrant or other legal status. For these winners residing inside the United States, USCIS processes adjustment of status applications.
The following information applies to winners legally residing in the United States only.
Eligibility Criteria
For an applicant to adjust status under the DV Program, you must establish that you:
• Have been selected for a diversity visa by DOS’s lottery;
• Have an immigrant visa immediately available at the time of filing ad adjustment application (Form I-485, Application to Register Permanent Residence or Adjust Status); and
• Are admissible to the United States.
Visa Availability
For visa availability, check the latest month’s DOS Visa Bulletin. Section B contains a chart showing the current month’s visa ability in the Diversity Immigrant category. The chart shows when the current month’s visa availability in the Diversity Immigrant category.
The chart shows when the Diversity Immigrant cut-off is met. When the cut-off is met, visas will be available in that month for the applicants with Diversity Immigrant lottery rank numbers below the specified cut-off numbers for their geographic areas.
Section C contains a chart showing the Diversity Immigrant category rank cut-offs for the following month, which represents the advance notification of Diversity Immigrant visa availability. As soon as a monthly Visa Bulletin is published, anyone with a lower rank number than the rank cut-off number shown in Section C is eligible to file for adjustment of status.
This provides lottery winners the opportunity to file for adjustment of status up to six or seven weeks before a visa number can actually be allocated. This gives USCIS additional time to determine your eligibility for adjustment of status before the end of the fiscal year.
A Diversity Immigrant-based adjustment application cannot be adjudicated until a visa can be allocated, as indicated in the Visa Bulletin’s current Diversity Immigrant rank cut-offs for a particular month.
Application Process and Supporting Evidence
To obtain a green card, you must file Form I-485.
Supporting Evidence for Form I-485
Submit the following evidence with your Form I-485:
• Two passport-style photos
• Copy of birth certificate
• Form I-693, Report of Medical Examination and Vaccination Record
• Copy of passport page with nonimmigrant visa (if applicable)
• Copy of passport page with admission (entry) or parole stamp (if applicable)
• Form I-94, Arrival/Departure Record
• Certified copies of court records (if the individual has been arrested)
• Copy of the principal applicant’s selection letter for the diversity visa lottery from DOS
• Copy of the receipt from DOS for the diversity visa lottery processing fee
• Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable)
• Applicable fees
Other Considerations
The adjustment of status process for diversity visa winners must be completed by September 30 of the fiscal year the lottery pertains to. Visas cannot be carried over to the next fiscal year.
Fraud Warning
Fraudsters may send you e-mails claiming you’ve won the Diversity Visa (green card) lottery. Never send money to anyone who sends you a letter or e-mail claiming you have won.
In Texas, as in all states, the Diversity Immigrant Visa Program (DV Program) is a federal program managed by the U.S. Department of State (DOS). It offers up to 50,000 immigrant visas each year to individuals from countries with historically low rates of immigration to the U.S. Those selected in the lottery who are outside the U.S. go through consular processing. For winners residing in the U.S. legally in a nonimmigrant or other legal status, they can apply for an adjustment of status through the U.S. Citizenship and Immigration Services (USCIS) using Form I-485. Applicants must prove they've been selected in the lottery, have an available visa, and are admissible to the U.S. Visa availability can be checked in the DOS Visa Bulletin. Supporting evidence for Form I-485 includes passport-style photos, birth certificate, medical examination, and if applicable, copies of court records, nonimmigrant visa, and the principal applicant's selection letter. The process must be completed by September 30 of the relevant fiscal year. It's important to be aware of fraud and never send money in response to unsolicited communications claiming lottery winnings.
