A Comprehensive Guide for DV Lottery Winners

Unlock the doors to your American dream and make your DV Lottery win a success with our ultimate guide, covering everything you need to know - from applications to settling into your new life in the United States.

IMMIGRATION LAW

Attorney Oz

5/21/20236 min read

How to Successfully Navigate the Green Card Lottery Process: A Comprehensive Guide for DV Lottery Winners

If you are one of the lucky winners of the Diversity Immigrant Visa (DV) Program, also known as the green card lottery, you may be wondering what to do next. Depending on where you live, you have two options to apply for a green card: through consular processing or through adjustment of status. In this blog post, I will explain the differences between these two options and provide some tips on how to choose the best one for your situation.

What is consular processing?

Consular processing is the process of applying for a green card at a U.S. consulate or embassy in your home country or another country where you have legal residence. This is the most common option for DV lottery winners who live outside the United States. To apply through consular processing, you need to follow these steps:

- Check if you are selected for the DV program on the official website using your confirmation number.
- If you are selected, you will receive a notification letter with your case number and instructions on how to proceed.
- Fill out and submit the online DS-260 form, which is the Immigrant Visa and Alien Registration Application.
- Wait for an email from the National Visa Center (NVC) with your interview date and location.
- Prepare and gather all the required documents for your interview, such as your passport, birth certificate, medical exam report, police certificates, and proof of education or work experience.
- Attend your visa interview at the U.S. consulate or embassy on the scheduled date and time.
- If your visa is approved, you will receive a visa packet with your immigrant visa and a sealed envelope containing your documents. Do not open this envelope until you arrive in the United States.
- Pay the USCIS immigrant fee online before or after you travel to the United States.
- Make sure that you and your family meet the vaccination requirements.
- Enter the United States with your visa and sealed envelope within six months of your visa issuance date.
- Receive your green card by mail within a few weeks of your arrival.

What is adjustment of status?

Adjustment of status is the process of applying for a green card from within the United States if you are already living there in a nonimmigrant or other legal status. This option is only available to DV lottery winners who are currently present in the United States and meet specific eligibility criteria. To apply through adjustment of status, you need to follow these steps:

- Check if you are selected for the DV program on the official website using your confirmation number.
- If you are selected, you will receive a notification letter with your case number and instructions on how to proceed.
- Check if you are eligible to adjust status based on your current status, visa category, and visa availability. You can use the Visa Bulletin to find out when your case number becomes current, which means that a visa is available for you.
- Fill out and submit Form I-485, which is the Application to Register Permanent Residence or Adjust Status, along with the required supporting documents and fees to USCIS when visa bulletin is current for your number.
- Wait for a notice from USCIS with your biometrics appointment date and location.
- Attend your biometrics appointment at an Application Support Center (ASC) and provide your fingerprints, photograph, and signature.
- Wait for a notice from USCIS with your interview date and location.
- Attend your interview at a USCIS field office and answer questions about your application and background.
- If your application is approved, you will receive a notice of approval and your green card by mail within a few weeks.

Which option should you choose?

The choice between consular processing and adjustment of status depends on several factors, such as:

- Your current location: If you live outside the United States, consular processing is usually the only option for you. If you live in the United States, you may be able to choose between consular processing and adjustment of status depending on your eligibility.

- Your current status: If you are in the United States in a valid nonimmigrant or other legal status, such as a student visa, work visa, or asylum status, you may be eligible to adjust status. However, if you are in the United States without authorization or with an expired visa or you violated your status, you are not be eligible to adjust status and may face removal proceedings if you apply. In that case, consular processing may be safer for you.

- Your visa availability: If your case number is current or likely to become current soon, you may be able to apply for a green card faster through adjustment of status than through consular processing. However, if your case number is not current or likely to become current soon, you may have to wait longer to apply for a green card through adjustment of status than through consular processing.

- Your personal preferences: Some people may prefer consular processing because it is cheaper, or for other reasons. Others may prefer adjustment of status because it allows them to stay in the United States while their application is pending, avoid travel expenses and risks, and apply for work authorization and travel permission while waiting for their green card.

There is no definitive answer to which option is better for you. You should weigh the pros and cons of each option carefully and consult with an immigration attorney if you have any questions or concerns.

How to prepare for your interview

Whether you choose consular processing or adjustment of status, you will need to prepare for your interview with a U.S. immigration officer. The interview is a crucial step in your green card process, as it will determine whether you are eligible and admissible to become a permanent resident of the United States.

The purpose of the interview is to verify your identity, confirm your eligibility for the diversity visa program, check your background and security clearance, and assess your admissibility based on various grounds of inadmissibility, such as health, criminal, security, public charge, fraud, or immigration violations.

To prepare for your interview, you should do the following:

- Review your application forms and supporting documents carefully and make sure they are accurate and complete. If you need to update or correct any information on your forms or documents, you should notify the U.S. embassy or consulate (for consular processing) or USCIS (for adjustment of status) as soon as possible.
- Gather all the required documents and evidence that you need to bring to your interview. These may include:
- Your original birth certificate and a certified translation if it is not in English.
- Your original marriage certificate and divorce decree (if applicable) and a certified translation if they are not in English.
- Your original passport and copies of all pages that have stamps or visas.
- Your original DV lottery confirmation page and case number.
- Your original medical examination report and vaccination record from an authorized physician.
- Your original police certificates from all countries where you have lived for more than six months since you were 16 years old.
- Your original education certificates or diplomas that show you have completed at least high school education or its equivalent.
- If you have completed at least high school education or its equivalent, bring your original work experience letters or certificates that show you have at least two years of qualifying work experience in the past five years.
- Your original financial documents that show you have sufficient funds or income to support yourself and your family in the United States without becoming a public charge.
- Any other documents or evidence that may be requested by the U.S. embassy or consulate (for consular processing) or USCIS (for adjustment of status) based on your specific circumstances.
- Practice answering common interview questions and be prepared to explain your eligibility for the DV lottery, your reasons for immigrating to the United States, your ties to your home country, and your plans for the future in the United States. You should also be ready to answer any questions about your background, education, work experience, family, and criminal history.
- Dress appropriately and professionally for your interview. You should also be polite and respectful to the interviewer and follow their instructions carefully.
- Arrive at the interview location at least 45 minutes before your scheduled time and bring all your documents and evidence with you. You should also have a copy of your appointment letter and a photo identification with you.
- During the interview, you should listen carefully to the questions and answer them honestly and clearly. You should also provide any additional information or evidence that may support your case or clarify any doubts or discrepancies. You should avoid giving false or incomplete information or hiding any facts that may affect your eligibility or admissibility.
- After the interview, you should wait for the interviewer's decision and follow their instructions on what to do next. If you are approved, you will receive a visa stamp on your passport (for consular processing) or a green card in the mail (for adjustment of status). If you are denied, you may receive a written explanation of the reasons for denial and information on whether you can appeal or reapply.

Congratulations! You have just completed the DV lottery process and are ready to start your new life in the United States. I sincerely hope that this guide has been informative and helpful to you. I appreciate your patience throughout this process and wish you the best of luck in your future endeavors. If you have any questions or feedback, please do not hesitate to contact OZ.