Diversity Visas 2002

Play the Immigration Lottery

Christine Barr, Esq.

Most international business people know, or at least have heard from foreign colleagues, how complicated the labyrinth of U.S. immigration laws can be when a foreign person attempts to obtain permanent resident status or a green card.  Why can’t they just put their name in a “hat,” have the Department of State draw names, and perhaps “win” a green card?  They can. It’s time once again for the immigration visa lottery.  The State Department recently announced that 55,000 permanent resident immigrant visas will be issued by random selection through the Diversity Visa Lottery  2002 Program, designed to encourage immigration from countries which are considered to be low immigration countries.  The registration period begins at noon, Monday, October 2, 2000, and ends at noon on Wednesday, November 1, 2000.

Diversity visas are apportioned by the Department of State among six geographic regions:

A greater number of visas will go to the regions that have lower immigration rates.  Countries that have sent more than 50,000 immigrants to the United States during the previous five years are excluded from the participant list.  Visa allotments for each region will be determined by the U.S. Immigration and Naturalization Service (INS) each year according to a formula set out in Section 203(c) of the Immigration and Nationality Act.

Compared to other permanent residency processes available, the Diversity Visa program is quick and painless. It can also be used contemporaneously with another permanent residency process. An eligible applicant must be a native of a qualifying country. However, if a person was born in an ineligible country, but has a spouse who was born in an eligible country, that person may be able to claim the spouse’s country of birth, provided that both the applicant and the spouse are issued visas through the program and enter the U.S. simultaneously.  If a person was born in an ineligible country but neither of his/her parents was born or resided there (have a domicile for the purposes of the INS) at the time of the birth, that person may be able to claim one of the parent’s countries of birth for the purposes of the diversity lottery. Applicants must also have either a high school education or its equivalent, or within the past five years have worked two years in an occupation that requires at least two years of training or experience.

Of special note (and quite unusual) the INS will not charge an application fee or require that a special application form be completed in order to register for the lottery. The entry must only be typed or clearly printed in the English alphabet on a sheet of plain paper and include basic information regarding the applicant, the applicant’s spouse and the applicant’s children, if any.

Successful applicants will be notified by mail between April and July 2001 and receive instructions on how to obtain their immigrant visa.  It is important to note that being selected in the Diversity Visa Lottery does not guarantee being issued an immigrant visa. All accepted winners must still meet the standards for admission to the U.S. at the time of their consular interview. By law, all Diversity Visa 2002 Lottery visas must be issued by September 30, 2002.

Christine Barr, Esq.

Rothgerber Johnson & Lyons LLP

cbarr@rothgerber.com

Disclaimer:

“This article is a publication of Rothgerber Johnson & Lyons LLP and should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult with a lawyer concerning your own situation and any specific legal questions you may have.