New York Lawyer's Legal Updates

Winning DV Lottery and Next Step

Author: US Green Card Lawyer Alena Shautsova

May is the time of the year when applicants for the Diversity Lottery learn if they were selected for further processing. Typically, the number of those selected is much higher than the number of available immigrant visas. Why? Because many applicants will be disqualified based on misrepresentation in their forms, or not understanding the rules of the lottery and filing under wrong nationality, or not being able to submit all the documents in time.

As such, it is very important to prepare the documents and file them correctly and choose the right “next step.”

If the beneficiary of the DV lottery is in the United States and will be able to maintain lawful status throughout all the time while the application for adjustment of status will be adjudicated, he or she may choose to file for adjustment of status based on DV lottery rather than consular processing. The key to remember: the applicant may file his adjustment of status package not earlier than October 1 of the year he/she received notification about being selected for the lottery, and not earlier than the visa bulletin indicates that the immigrant visa numbers for his/her region are available. The process stars with filing of a form DS-122, which will inform the US Immigration services that the person is in the US and will file for adjustment of status rather than go through consular proceedings. As a part of the AOS process, the person will have to undergo medical exam (the results of the medical exam are typically valid for six months). The AOS package starts with the form I-485 and supplements according to instructions.

As for the consular processing, or those beneficiaries who are overseas or will be overseas at the time of filing for their immigrant visas, they should file DS-122 form and DS 230 form. The overseas process will differ from adjustment of status in sense that the consulate will provide instructions as to the application steps and will alert the applicant if the Kentucky Service Center security checks revealed any issues. The DV registration fees and immigrant visa fees are paid at the time of the interview at the consulate.

If you have further questions about the DV lottery adjustment of status or consular processing, call law office of Alena Shautsova at 917-885-2261.

14 May 2013
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