LEGAL LANGUAGE SERVICES

Frequently Asked Questions About
DV-2002 Registration

Q. What does the term "native" mean? Are there any situations in which persons who were not born in a qualifying country may apply for a lottery visa?

A.The term "native" ordinarily means someone born in a particular country, regardless of the individual's current country of residence or nationality. "Native" also means someone entitled to be "charged" to a particular country under the provisions of Section 202(b) of the Immigration and Nationality Act. Applicants for a lottery visa registration may claim chargeability to the country of birth of a spouse providing both the applicant and spouse are issued visas and enter the U.S. simultaneously. A child can be charged to the country of birth of a parent; and an applicant born in a country of which neither parent was a native or a resident at the time of his/her birth may be charged to the country of birth of either parent.

Q. Are there any changes or new requirements in the application procedures for this diversity visa registration?

A. The address for submitting DV applications has changed. Applicants must mail their entries to the Kentucky Consular Center address:

DV-2002 Program
Kentucky Consular Center
Lexington, KY ZIP CODE (depends on nativity)

Africa: 41901,  Asia: 41902,  Europe: 41903,  South America, Central America and the Caribbean: 41904,  Oceania: 41905,  North American: 41906

Entries mailed to any other address will be disqualified.

Q. Why do certain countries not qualify for the diversity program?

A. 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 "high admission" countries. Those are countries from which during the previous five years there were more than 50,000 immigrants in the Family-Sponsored and Employment-Based visa categories. Each year the BCIS (formerly the INS) determines those countries that must be excluded annual diversity lottery. Because there is a separate determination made before each lottery application period, the list of countries that do not qualify may change from one year to the next

Q. What is the numerical limit for DV-2002?

A. 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 and Central American Relief Act (NCARA) 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 NCARA program. The actual reduction of the limit to 50,000 began with DV-2000 and remains in effect for the DV-2002 program.

Q. What are the regional diversity (DV) visa limits for DV-2002?

A. The former Immigration and Naturalization Service (INS) now the Bureau of Citizenship & Immigration Services (BCIS) 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 BCIS has completed the calculations, the DV-2002 regional visa limits will be announced.

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