Diversity Visa Lottery

Overview

The Department of State distributes 50,000 visas through a lottery system to foreign nationals from countries with historically low rates of immigration to the United States. The Diversity Visa (DV) is meant to promote a diverse immigrant population and is not available to foreign nationals from “high admission” countries. A country is considered “high admission” if 50,000 or more people born in that country have immigrated to the United States under family or employment-based visa categories in the past five years.

The Department of State divides the world into six regions: Africa, Asia, Europe, North America, Oceania, and South America, Central America and The Caribbean. Not every country within a given geographic region satisfies the DV requirements and foreign nationals should check the latest eligibility list before applying.  The Department of State’s website lists all eligible countries and any changes for each lottery cycle.

An applicant may be residing in any country, including the United States, at the time of applying for a DV. Further, foreign nationals residing in the United States under temporary immigration status are not disqualified from entering the lottery. Consequently, a foreign national residing in the United States on a temporary visa may obtain a permanent residency through the DV lottery without having to return to his or her native country.

At the time this article is written any foreign national who meets the requirements may submit an application for the 2019 DV visa between October 3, 2017, and November 7, 2017. Each year the application period occurs once a year, for a one-month period. Any applicant who submits more than one entry in a given year will be disqualified for that year.

Once the deadline has passed, a computer randomly selects 50,000 individuals from all the applicants. No single country may obtain more than seven percent of the available DVs in a given year.

While submitting an application to the DV lottery is free, if a foreign national win the lottery he or she must pay all visa application fees. If the foreign national is ineligible to enter the United States for any reason (i.e. health or security reasons) the foreign national will be denied a DV and all visa application fees will not be refunded.

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Financial Sponsorship Requirements in Family Based Immigration

Family sponsorship is one of the most common ways a foreign national can become a permanent resident, or receive a Green Card.  The United States allows U.S. citizens or permanent residents to sponsor family members that include children, parents, spouses and siblings – and bring them into the country.

For more information on the specific visas, please see my article on Path to U.S. Citizenship.

Obtaining a visa through family sponsorship will require the sponsoring family member to complete an affidavit of support, which is a declaration of intent to financially support the immigrant family member. An affidavit of support is required because the Immigration and Nationality Act grants the Attorney General the power to deny entrance into the United States if the individual “is likely at any time to become a public charge.”  In another context, a sponsoring employer may also be required to submit an affidavit of support for a foreign national if the sponsored foreign national, or the prospective employee, is related to the employer or holds a 5% or more in ownership interest in the entity that filed the visa petition.

Therefore, whether applying to come to the United States or if already here, converting a temporary visa into permanent resident status, a foreign national must demonstrate they will not become a public charge through the filing of an affidavit of support.

 What is a Public Charge?

A public charge is an individual who is unable to support himself or herself without financial support from the government in the form of public cash or an individual who is expected to need long-term care facilities.

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