Articles Posted in Green Card lottery

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We are happy for you to join us today. In this blog post we share some new updates in the world of immigration law for Diversity Visa Program selectees.

The Department of State has just released important procedures for Diversity Visa Applicants selected in the 2022 DV program with cases assigned to the U.S. Embassy in Kabul or Baghdad.

The agency is asking all such DV selectees to contact the Embassy in Kabul or Baghdad to request reassignment of their cases to another Embassy or Consulate processing immigrant visa applications abroad. Under the law, cases can be transferred to another Consular post (provided the alternate Consular post will accept them) however applicants must be physically present in the Consular district where the Embassy or Consulate is located at the time of their interview, and have permission to remain in the country by the host government for a period sufficient to complete the processing of their visa application.

Applicants may wish to contact a Congressman for assistance with the transfer of their case. Applicants should also be aware that they should first contact the alternate Embassy to confirm whether their case can be processed there. Each Consular post may have their own rules and regulations governing the DV application process.


What is the procedure for my case to be reassigned?


Under new guidance released by the Department of State, DV 2022 selectees can request reassignment by emailing KCC (Kentucky Consular Center) at KCCDV@state.gov with the subject line “Kabul/Baghdad Reassignment Request.”

To process your request, your email should include the following information:  (1)  full name, (2)  date of birth, (3) case number, and (4) the name of the embassy or consulate where you would like your case to be reassigned.  After KCC reviews your request, you will receive an email confirmation that your reassignment request was successful or, alternatively, requesting more information.  According to KCC, all emails will be reviewed in the order they are received.


When will my reassigned case be scheduled for an immigrant visa interview?


DOS guidance informs DV applicants that reassignment of their case to another embassy or consulate does not mean that it will be automatically scheduled for an immigrant visa interview.  Instead, interviews will be scheduled after the DS-260 immigrant visa application has been fully processed, your case number is current according to the Visa Bulletin, and when the reassigned embassy or consulate has an interview appointment available.

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A new House reconciliation bill adds new language that could open a path to permanent residency for highly skilled immigrants without waiting for their priority date to become current.

The new bill, known as H.R. 5376 “the Build Back Better Act,” is the latest initiative backed by the Biden administration to strengthen the middle class and enhance economic ingenuity.  Interestingly, the bill provides a framework that would improve and reform our immigration system with particular benefits for highly skilled immigrants.

If passed section 60003 of the reconciliation bill would exempt an alien (and the spouse and children of such alien) from the numerical limitations described in the employment-based immigration section of the Immigration and Nationality Act, and allow the alien and any follow-to-join dependents to adjust their status to permanent residence provided such alien submits or has submitted an application for adjustment of status and . . . is the beneficiary of an approved petition . . . that bears a priority date that is more than 2 years before the date the alien requests a waiver of the numerical limitations; and pays a supplemental fee of $5,000.” (Emphasis added.)

If passed these legislative measures would be extremely beneficial to highly skilled workers because it would allow employees in the visa backlogs to file for adjustment of status without waiting for a priority date to become available. Following this proposal, once a labor certification application would be approved by the Department of Labor, an employee could be eligible to file his or her I-485 adjustment of status application concurrently with his or her I-140 petition for alien worker and apply for temporary work authorization while the applications would remain pending with USCIS.

The House reconciliation bill would also allow family-based immigrants inside the United States to gain permanent residence outside the numerical limits if their priority date is “more than 2 years before” and the individual pays a $2,500 supplement fee. EB-5 category (immigrant investor) applicants would need to pony up a $50,000 supplement fee. The provisions to pay a supplemental fee to receive a green card outside the numerical limits would expire on September 30, 2031.

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Happy Columbus Day! In this blog post, we share important updates regarding the Diversity Visa Lottery Program for fiscal year 2023.


What you need to know


The State Department is now accepting online registrations for the Diversity Visa Lottery program for Fiscal Year (FY) 2023 (registration opened Wednesday, October 6, 2021, at noon EDT).

Foreign nationals who want to have a chance of being selected must register for the lottery by Tuesday, November 9, 2021, at noon EST online.

The Fiscal Year 2023 DV lottery program will have up to 55,000 green cards up for grabs that will be selected through a randomized computer-generated process. Winners for FY 2023 are expected to be announced in May 8, 2022.


Why should I apply?


Foreign nationals selected in the FY 2023 lottery are eligible to file their green card applications starting on October 1, 2022.


Am I eligible to enter?


You are eligible to participate if you meet the following requirements.

Requirement #1: You must be a native of a country with historically low rates of immigration to the United States to enter

Click here for the complete list of countries eligible (p. 16 to 20).

If you are not a native of a country with historically low rates of immigration to the United States, there are two other ways you might be able to qualify.

  • Is your spouse a native of a country with historically low rates of immigration to the United States? If yes, you can claim your spouse’s country of birth – provided that you and your spouse are named on the selected entry, are found eligible and issued diversity visas, and enter the United States at the same time.
  • Are you a native of a country that does not have historically low rates of immigration to the United States, but in which neither of your parents was born or legally resident at the time of your birth? If yes, you may claim the country of birth of one of your parents if it is a country whose natives are eligible for the DV-2023 program.

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We are happy to report that the Department of State has released an important announcement that describes the agency’s compliance with the recent court ruling, Gomez v. Trump, which orders the government to make good-faith efforts to expeditiously schedule, process, and adjudicate DV-2020 diversity visa applications by September 30, 2020, despite issuance of Proclamation 10014.

In accordance with the court’s ruling, DV-2020 applications are being processed at embassies and consulates as local health conditions and resources will allow during this pandemic.

To proceed with visa processing, applicants must be documentarily qualified (meaning the applicant has obtained all documents specified by consular officials sufficient to meet the formal visa application requirements), have paid all requisite application fees, have the ability to obtain the required medical examination conducted by a panel physician, and demonstrate eligible for a visa prior to issuance.

If a post is unable to process cases due to local health conditions and resource constraints, an applicant may request a transfer to another post

The Department expects that, due to resource constraints, limitations due to the COVID-19 pandemic, and country conditions, it will be unable to accommodate all DV applicants before September 30, 2020.

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Instructions for the 2021 Diversity Immigrant Visa Program

The Diversity Immigrant Visa Program registration season is now among us. The U.S. Department of State has released instructions on how to apply for the FY 2021 Diversity Immigrant Visa Program in which 55,000 Diversity Visas (DVs) will be up for grabs. Registration will begin promptly at 12:00 pm (ET) on October 2, 2019 and will continue until 12:00 pm (ET) on November 5, 2019. There is no cost to register for the Diversity Visa Program.

Please remember that the law allows only one entry per person during each registration period. Individuals who submit more than one entry will be disqualified.

How does selection occur?

The Department of State determines selectees through a randomized computer drawing. The Department of State distributes diversity visas among six geographic regions, and no single country may receive more than seven percent of the available DVs in any one year.

Am I eligible to apply?

You are eligible to apply if you meet the following requirements:

Requirement #1: You must be a national of one of the following countries (see below) OR

If you were not born in an eligible country, you may apply if your spouse was born in a country whose natives are eligible provided that both you and your spouse are named on the selected entry, are found eligible and issued diversity visas, and enter the United States simultaneously

OR

If you were born in a country that is ineligible, but neither of your parents were born or legally residents of that country at the time of your birth, you may claim the country of their birth.

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This week the President of the United States delivered his much-anticipated State of the Union to unite the Democratic and Republican parties on a range of contentious issues still unresolved in Congress. One of those hot-button issues has been immigration. As you may recall the President has given Congress until March 5, 2018 to pass legislation protecting Dreamers from deportation.

Ahead of the President’s speech the White House unveiled an immigration framework thought to gain support from Democrats in Congress, however the Democratic response in the room to the President’s remarks on immigration was somber.

While the President’s speech focused largely on improving the economy and helping small American businesses, the President also touched on immigration. President Trump opened his remarks on immigration by calling for immigration policies that will put American workers and their families first.

To highlight the importance of border security and implementing tougher immigration policies the President recounted the tragic story of Kayla Cuevas and Nisa Mickens, two close friends that were brutally murdered by adolescent gang members of MS-13, who the President said took advantage of the country’s loopholes to gain entrance into the country as unaccompanied minors. The parents of Kayla and Nisa Mickens stood tearfully to receive applause from members of Congress in the room.  The President called on members of Congress to “close the deadly loopholes that have allowed MS-13 and other criminals” to enter into the country. The President touted that his administration has proposed new legislation to fix the country’s immigration laws and support ICE and Border Patrol Agents in their efforts to apprehend dangerous criminals.

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personal-3108155_1280It did not take long for President Trump to capitalize on the terrorist attack which took place several days ago in New York City, to attack the Diversity Visa Program and the process by which US Citizens, and in some cases green card holders, can petition for extended family members to immigrate to the United States.

Following the terrorist attack in New York City, which claimed the lives of 8 Americans, the President fired off a series of tweets calling on Congress to terminate the Diversity Visa Program, claiming that the perpetrator of the attack, Sayfullo Saipov, had gained admission to the United States seven years ago through the diversity immigrant visa program, a congressionally mandated program made possible by section 203(c) of the Immigration and Nationality Act (INA). According to CNN, the Department of Homeland Security has said that Saipov came to the United States in 2010 on a diversity visa. Department of Homeland Security archives confirm that Uzbekistan was a country participating in the Diversity Visa program as early as 2007, and continues to participate in the Diversity Visa Program.

The Diversity Immigrant Visa Program

The Diversity Immigrant Visa program is a program enacted by Congress, which allocates up to 50,000 immigrant visas per fiscal year to a special class of immigrants known as “diversity immigrants.” Each fiscal year diversity applicants register for the visa program electronically at no cost. Applicant entries are selected at random through a computerized “lottery” system to allocate the 50,000 available immigrant visas for the Diversity Immigrant Visa Program. Only diversity immigrants who are natives of countries with historically low rates of immigration to the United States qualify for the Diversity Immigrant Visa program. In other words, to qualify for a diversity visa, essentially a green card, you must be a native of a country participating in the diversity visa program. Countries with historically high rates of immigration to the United States DO NOT qualify.

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In this post we bring you exciting news about the 2018 Diversity Immigrant Visa Program also known as the “green card lottery” for eligible foreign nationals. Participants in the Diversity Immigration Visa Program will have a chance to win one of 50,000 available visas to immigrate to the United States. Winning entries will be selected at random via a computer-generated drawing. Only foreign nationals of countries with historically low rates of immigration to the United States may apply for the program; please see the list of eligible countries below. The entry period for the 2018 Diversity Immigrant Visa Program (DV-2018) will open between Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 4, 2016, and noon, Eastern Standard Time (EST) (GMT-5), Monday, November 7, 2016. Entries must be submitted electronically on the Department of State website for the DV-2018 fiscal year. 

Only one entry may be submitted for each person during this registration period. Individuals who have submitted more than one entry per fiscal year will be disqualified. Once the registration period has ended the Department of State will use their computer software technology to detect multiple entries in the system. Applicants who have submitted multiple entries will be disqualified. There is no cost to register for the program and submit an entry for the diversity visa program. However, if accepted applicants will incur any visa expenses if residing abroad, and the filing fee for the green card application (currently $1,070). Once you have registered and submitted your entry for 2018-DV Program, you must check the status of your entry by visiting the Department of State website. The U.S. government will NOT notify you directly if you have been selected for the 2018-DV Immigrant Visa Program. It is your responsibility to check whether you have been selected.

What is the Diversity Immigrant Visa Program?

The Diversity Immigrant Visa Program is administered by the United States Department of State each fiscal year, and is a program that was made possible by Congress with the passage of section 203(c) of the Immigration and Nationality Act. Section 203(c) of the INA designates visas for a special class of immigrants referred to as “diversity immigrants.” These immigrants will have the unique opportunity to immigrate to the United States on the basis of this special program. For fiscal year 2018, 50,000 visas will be allocated toward the diversity immigrant visa program. If you are residing abroad at the time you are selected for the diversity immigrant visa program, you will be able to immigrate to the United States through consular processing. This process requires you to submit a DS-260 Immigrant Visa Electronic Application and schedule an interview appointment at a U.S. consulate near you. There you will be able to obtain issuance of your immigrant visa. If you are residing in the United States legally (on a temporary nonimmigrant visa type) at the time of your selection, you may submit your adjustment of status application to USCIS within the United States.

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In this segment, we answer 5 of your most frequently asked questions received on our social media platforms and our website. Please remember that every case is different and every immigration journey is unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance while you embark on your immigration journey. If you have any further questions, please call our office to schedule a free first time consultation. We serve international clients and domestic clients in all 50 states. We thank you for your continued trust in our law office. For more information on the services we offer please click here.

Fiancé Visa

Q: I am a U.S. Citizen who is planning to marry a Moroccan citizen. I am interested in applying for the K-1 fiancé visa for him. The problem is that we have not met in person and it is hard for me to travel to his country because I am a single parent. I know one of the requirements for this visa is to meet in person. Are there any other visa options available to us since we have not met in person? I have heard of people obtaining waivers due to traveling hardships. Please advise.

A: Thank you for your question. This is a very common fiancé visa question. In order to file the K-1 fiancé visa you must meet the following requirements:

  • You (the petitioner) are a U.S. citizen.
  • You intend to marry within 90 days of your fiancé(e) entering the United States.
  • You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
  • You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
    If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.

    2. If you prove that the requirement to meet would result in extreme hardship to you.

As indicated above there are only two exceptions that would allow you to seek a waiver of the K-1 visa two-year meeting requirement. The first requires the petitioner to demonstrate that compliance of the two-year meeting requirement would violate strict and long-established customs of either your fiancé’s foreign culture or social practice or of your own foreign culture or social practice. While it is difficult to prove this, it is not impossible, however the couple should be aware that substantial evidence is required to prove that either your or your fiancé’s culture explicitly prohibits you from meeting the two-year requirement. Of course this element is largely at odds with traditional Western norms and practices, therefore it is extremely difficult to explain to an immigration officer why you and your fiancé cannot meet in person before you are to be married.  This waiver should only be considered in very limited circumstances.

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The U.S. Citizenship and Immigration Services (USCIS) has released an updated policy manual addressing the policies and procedures associated with adjustment of status to lawful permanent residence under section 245a of the Immigration and Nationality Act. The policies set forth in the newly updated policy manual are effective beginning February 25, 2016.

Adjustment of status is the process by which an eligible foreign national may adjust their status to lawful permanent resident, based on a qualifying family relationship or employer-employee relationship. Additionally, special categories of green card applicants exist covering self-petitioning Amerasian, Widow(ers) seeking lawful permanent residence under the Violence Against Women Act (VAWA), refugees, asylees, certain U visa holders, humanitarian visa holders, and eligible diversity visa program immigrants. In order to file an adjustment of status application from within the United States the Beneficiary must 1) be living in the United States lawfully and 2) have been inspected, lawfully admitted, or paroled into the United States, (except in cases of 245i).

Foreign nationals living in the United States, who qualify for adjustment of status to lawful permanent residence, may file their adjustment of status application with USCIS, without having to travel abroad to obtain an immigrant visa through a procedure known as consular processing. Foreign nationals residing abroad, who qualify for adjustment of status, must apply for an immigrant visa at a United States Embassy or Consulate abroad. Consular processing is different from adjustment of status from within the United States in various ways. Adjustment of status within the United States is a much faster process, however the main drawback is that applicants cannot travel internationally once their application has been filed with USCIS, until they are issued an advance parole document by USCIS authorizing such travel. In order to obtain an advance parole document, the green card applicant must file Form I-131 with USCIS. The advance parole document is typically issued within 90 days of filing of Form I-131. One of the main benefits of applying for an immigrant visa abroad through consular processing, is that the individual does not have any travel restrictions. It is for this reason that businesspersons and other individuals opt for consular processing instead of adjustment of status despite living in the United States.

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