January 24, 2012

DV Lottery 2013 Results and Procedures

The registration for the Diversity Visa Program (DV-2013) started on October 4, 2011 at noon, Eastern Daylight Time (EDT) (GMT-4), and went on till November 5, 2011. Those who had applied for the DV 2013 program will be able to check the results E-DV website from May 1, 2012.

To know the results, note that Entrant Status Check will be the only option. All applicants, regardless of selected or not selected can check the status of their applications through the Entrant Status Check at www.dvlottery.state.gov. All applicants would have got a confirmation number at the time of registering for the program. It is very important not to lose your confirmation number. If you lose it, you cannot check the results. The conducting agency will not resend the confirmation page information to you. There were minor changes regarding the eligibility for the DV-2012 program, Natives of South Sudan and Poland qualify whereas Bangladesh natives do not qualify.

If you are selected in this green card lottery program, you have to go ahead with further processing. You will receive instructions, and then you will be required to prove that you are eligible for a diversity immigrant visa and have to complete the next process. You will be informed by the Kentucky Consular Center (KCC) to complete the immigrant visa application. You will also be instructed to submit certain documents and forms and pay the appropriate fees. As part of the process you should also complete a medical examination. Furthermore, you will be interviewed by a consular officer at the US embassy or consulate in your country where you need to prove your eligibility for a diversity visa. The KCC will make application information available online through the Entrant Status Check at www.dvlottery.state.gov. The highest number of entries received for the DV 2013 program was from Nigeria followed by Ghana.

Those who are selected should qualify to get and prove their eligibility based on education, work, and other requirements. Every applicant should have at least a high school education or its equivalent; or
have at least two years of work experience within the past five years in an job position requiring at least two years’ training or experience.

The next lottery program will be the DV-2014. Applications will be accepted online through the E-DV during the year 2012 for the year 2014. It is roughly estimated that applicants might get a month to download the DV2014 application form and to fill and submit it within 60 minutes of time. It is important to remember that one can file only one application form as a primary applicant. This program will provide 50,000 immigrant visas to people from eligible countries, who satisfy the education and work experience and also fulfill all the other requirements to come to the US. As mentioned earlier, one who is eligible can file only one entry.

However, a husband and wife each can submit one entry for their family if each of them fulfills the education/work experience requirements of the green card lottery program. You can check your DV Lottery 2013 Results through online from Government website itself.

January 19, 2012

Results of the DV-2012 lottery Program

The diversity lottery program was conducted per section 203(c) of the Immigration and Nationality Act (INA) and 50,000 permanent resident visas are made available ever year to persons from countries with low rates of immigration to the US.

The Diversity Visa (DV) 2012 results were made available online from 15th of July 2011. The results were released from 15th July 2011. The 22,000 applicants who were declared winners have to re-check their results again from July 15th this year. Remember not to pay any money till you arrive at your interview. The results of the DV 2012 will not be sent by postal mail. All the applicants can check their results only in the online official web site from the month of July 2011 through the end of June 2012.

The DV 2012 lottery program nearly had 14,768,000 people submitting their application forms online during the submission period in 2010. 100,021 winners were selected and were given the opportunity to get one of the available 50,000 US immigrant visas through the program. It is important to remember that the Kentucky Consular Center (KCC) uses the only the online check facility to check the results.

In the 2012 DV lottery, the Africa region got 50,000 of the selected winner’s notifications. The significant number came from Nigeria 6002, Ghana 5,832, Ethiopia 4,902 and Egypt 4,664. In the Asian region, Iran topped with 4,453, followed by Nepal with 3,258 and Bangladesh with 2,373. In the European region, Ukraine had 5,799 winners followed by Uzbekistan with 4800 winners and Turkey following with 3,077. In the South and Central American region, Venezuela had 925 winner, Cuba 292 and Trinidad and Tobago with 175 applicants turning out successful. In the Oceania region, Australia got 900, followed by Fiji with 628 successful entries and New Zealand getting 309. The North American region saw Bahamas getting 15 winners.

To check the results, applicants should have their current confirmation number and their personal details. The confirmation number will not be reissued again. Apart from the confirmation number, there is no other way to check the results. The winners name list will not appear in any website. Similarly you cannot contact the American Embassies and the American Consular offices for your results as they cannot provide the names of the winners in the 2012 green card lottery program.

If you have won but do not have the required education/work experience, do not proceed with the winning. It is also important not to send money overseas through any banks or companies to get US visas. If you are selected in the program, you have to pay the required visa fees only at the local US Embassy on the day of your interview. Carefully follow the instructions given by the US consular office web site as how to pay the DV Lottery visa fees to them and about the future course of action..

Note that the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 allots up to 5,000 of the 55,000 annually-allocated DV lottery be made available for use under the NACARA program.

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January 11, 2012

USCIS Proposal to Change Processing for Certain Waivers

USCIS recently posted a Notice of Intent in the Federal Register proposing bringing about a change to its current filing process and arriving at a decision on waivers of inadmissibility relating to unlawful presence. This proposal is aimed at allowing certain persons who wish to get permanent residence through their US citizen immediate relatives to apply for waivers of inadmissibility before leaving the US for their interview at a US Consulate abroad.

The proposal is to reduce the time that US citizens are separated from their spouses and children when those family members go through the process of becoming legal residents in the US. The current process is such that, spouses and children of US citizens who have accumulated a certain period of unlawful presence in the US, and have to leave the country per the law, are barred from returning to their families for 3 or 10 years. In such case, they can get a waiver that would help them unite with their families. They have to prove that their US citizen family member would be subject to extreme hardship due to the separation. The main idea of the USCIS is to process the waiver applications in the US before the family faces separation. Remember that only immigrants eligible for a visa will fit into this process.

Per the proposal, spouses and children of US citizens who qualify for a visa to enter the US, but who need a waiver of inadmissibility for their unlawful presence to get that visa expeditiously, will apply for a provisional waiver before leaving the US to have their immigrant visa application processed at a US Consulate overseas. If you are affected by this streamlined process, you have to meet all legal requirements for admission to the US, that also includes processing the visa application at a US consulate abroad.

If you currently qualify for a waiver of inadmissibility, and can prove that the separation from your US citizen spouse or parent would result in extreme hardship, you can apply for a waiver while still in the US. By permitting such persons to apply for waivers in the US, it would become a more transparent process resulting in improved processing times and reducing the separation of US citizens from their families.

This new proposal is also aimed at efficient processing by both USCIS and the Department of State (DOS) when dealing through these waiver requests. This change will help individuals who may qualify for a waiver of inadmissibility in seeking lawful readmission to the US by limiting the amount of time they would need to spend away from their US citizen spouse or parent.

The USCIS has also decided to coordinate with the Department of State to develop the outlined process in greater detail. USCIS has also decided to publish a notice of proposed rule and allow public comments for it. A final rule will then be formulated on the implementation.

Note that the proposed rule will not alter the existing standard for judging whether denial of the waiver would result in extreme hardship to the US citizen spouse or parent of such persons. It would only alter the process by which such applications may be filed and accepted by USCIS for further processing.

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January 4, 2012

USCIS EB-5 Teleconference Invitation

To discuss the EB-5 immigrant investor program, the Office of Public Engagement and the Service Center Operations Directorate has invited the public to participate in upcoming stakeholder engagements. The next program will take place through teleconferencing on Monday, January 23, 2012, at 1:00 PM (Eastern Time). The main attention of this program will be on state government partners. It also creates an opportunity to address issues raised by state and local governments related to the EB-5 program. Interested EB-5 stakeholders can participate and it is also proposed to have an open forum for additional questions.

There is a session scheduled for January 23. To participate in this session, get in touch with the Office of Public Engagement by emailing to public.engagement@uscis.dhs.gov by January 20, 2012, and mention “EB-5 Teleconference” in the subject line of your email. Remember to mention your full name and the organization you represent in the email. Should you need to submit agenda items and questions you must RSVP via email and attach a Word document or PDF with suggested items. Make sure such submissions are received by the Office of Public Engagement by the end of the business hours on Tuesday, December 27, 2012.

USCIS has also scheduled a list of EB-5 stakeholder engagements in 2012. Some meetings will be in person and through teleconference, while others will be only through teleconferencing. In each session, the USCIS will share information about the EB-5 program and address topics of stakeholder interest. There will be an open forum for questions and answers at each of these engagements. However, USCIS will not address case-specific inquiries.

On 1/23/2012, 1:00PM – 4:00PM (ET), the session will be about EB-5 Discussion with State Governments and this is only through teleconferencing. The deadline to submit agenda items is 12/27/2011. The next session is scheduled to be held on 5/1/2012, 1:00PM – 4:00PM (ET) and the focus will be on General EB-5 Discussion. It will be held in-Person, Teleconference & Live Web Streaming at USCIS California Service Center,24000 Avila Road,Laguna Niguel, CA 92677. The deadline to submit agenda items is 4/1/2012.

The next session will be on 7/26/2012, 1:00PM – 4:00PM (ET) focusing on Regional Center Discussion
and this will be through teleconference only and the deadline is 6/25/2012. The next session focusing on General EB-5 Discussion will be held on 10/18/2012, 1:00PM – 4:00PM (ET) and will be in-Person, Teleconference & Live Web Streaming at Tomich Center,111 Massachusetts Avenue,Washington, DC 20529.

There was another update regarding the change in filing locations for Form I-130 on January 1, 2012. Applicants will have to mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on their residence in the US. This change is aimed at balancing workloads between the two locations and for more efficient and effective processing of Form I-130.

However, when submitting Form I-130 along with Form I-485, there is no change in filing locations. Such petitioners can continue to mailing them to the Chicago Lockbox facility. If you are filing from an overseas addresses where there is no USCIS office, you can continue to file at the Chicago Lockbox facility.
If your country has a USCIS office, you can send your I-130 forms to the Chicago Lockbox, or file Forms I-130 at the international USCIS office having jurisdiction over the place where you live.

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December 28, 2011

Marriage Based Green Card Interview

Persons seeking a green card based on marriage to a US citizen have to appear for an interview at a local USCIS office or at a US consulate before the application can be approved.

The interview is a bit tricky. Ensure that you prepare well in advance for the interview by reviewing your copy of the application you filed. You will be required to verify the information given in your application is correct and complete. So check if any information in your application has changed since you filed the petition.

Arrive on time for your interview. You may have to wait for a while to pass security clearance. So it is always better to arrive early to get more time in the office. Do not carry a cell phone containing a built-in camera or recording device. Dress neatly. Have with you all supporting documentation that the officer might expect. You can also make copies of important documents and bring the originals as well. If you do so, the officer can check the original document if necessary and keep the copy in your package. Keep your documents in an organized manner for the interview to go more smoothly and you will not have difficulties while trying to locate the documents.

You should bring the following documents with you for the interview:

Proof of your genuine marriage to your spouse
The officer has to be convinced that you did not marry just to get an immigration benefit. So make sure you bring adequate documents evidencing your life together with your spouse. This documentation can be:
Adequate proof of your marriage, such as the wedding invitation, engagement
announcement, and photographs
Photographs of you and your spouse together at vacations or gatherings with friends and family
Birth certificates and photographs of children you have with your spouse

In addition, any documents issued in both of your names such as Utility bills, Mortgage or lease on an apartment or house, Car title or lease, Bank account statements, Tax returns filed as a married couple

The documentation you can use to prove the genuineness of your marriage is not limited to this list given above. You can bring whatever evidence you have that can convince the officer that you are married to and living with your spouse.

Financial information

Copies of your joint tax returns for the last three years.
Evidence of your current employment.

You also have to prove that you and your spouse have sufficient income to sustain yourselves at 125% of the federal poverty level. You will be questioned about your life with your spouse. The officer will ask details about your daily life together, such as where you live, what car you have, and other facts that you would not know about your spouse unless you had an ongoing and genuine relationship. If you do not know the answer to a question, plainly tell the interviewing officer that you don’t know rather than create an answer. Lying to an officer is a criminal act, and you will have to face serious consequences.

If you had prepared well, the green card marriage interview should be relatively smooth. If you and your spouse have a genuine marriage, it should be easy for you to gather the required proof. Sit along with your spouse to prepare and have the proof well in advance to get your green card approved quickly.

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December 20, 2011

FAQ’s- The DV Lottery Program

DV Lottery is one of the finest way to get green card to USA.

1. What is DV lottery ?

The annual Diversity Visa (DV) lottery program gives permanent residence visas to persons who meet simple, but strict, eligibility requirements. A computer will randomly select from the available entries for each geographic region. As this procedure is followed, all entries get an equal chance of getting selected in this lottery program. Not any qualifying for the program will receive more than seven percent of the available visas for the given year.

2. Who is eligible for the DV lottery ?

One requirement is that the applicant should have at least a high school education or its equivalent. Countries that send large of immigrants to the US do not qualify. Per the law, ff more than 50,000 persons in the family and employment based visa categories immigrated to the US in the last five years from your country, your country will not be eligible for the current year’s DV lottery program.

3. Can persons not born in a qualifying country apply ?

If you are not from a country that is not eligible for the program, you can apply if your spouse if from a qualifying country. In this case, both you (the applicant) and your spouse have to enter the US together, if selected. All your children under 21 years old listed in your application can come along with you during the US visit. You can also qualify through the country of birth of either of your parents as long as neither of your parents was a resident of an ineligible country at the time of your birth.

4. Is every applicant limited to only entry for the DV lottery program?

Make sure you submit only one entry. If you submit more than one entry, you will be disqualified. However, a husband and wife can each submit one entry if each meet the eligibility.

5. Should I submit my own application or can someone act on my behalf?

You can prepare and submit yourself or have someone else submit the entry for you.

6. Do I need to sign the application and what about submitting photographs?

You need not sign the form. However, you have to submit recent and individual photographs of you, your spouse and all children below 21 years old. It is important that you do not submit family or group photographs. If the photographs do not meet the specifications, it will be rejected.

7. How will the winners be selected?

All the entries will be given separate numbers at the Kentucky Consular Center. Subsequently, a computer will randomly select from the received entries for each geographic region. All entries have an equal chance of getting selected.

8. How will I know If am selected?

You will get a confirmation number when you submit your application online. Keep the number safe as this is the only way to check the results. You can visit https://www.dvlottery.state.gov/ESC/ once the results are out.

9. Can winners adjust their status ?

Selected individuals in this program who are physically present in the US may apply for adjustment of status to permanent resident by filing Form I-485 with the USCIS.

Your life can change through DV Lottery if you have won the green card. Do not lose hope even though if you didn’t get selected in DV Lottery. Keep trying one day luck will be in your favor.

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December 16, 2011

Applying for a Return Visa

If you are a US Legal permanent resident or a Conditional resident, you are allowed to travel abroad and stay there for a short period of time. However, if you were absent from the US for more than a year, or stayed more than the time allowed on your Re-entry Permit, you have to get a new immigrant visa to enter the US to continue your permanent residence status. If you are carrying a green card and had to stay abroad because of compelling and unavoidable circumstances beyond your control, you can get a Returning resident special immigrant visa that will allow you to get back to the US. If you cannot return to the US within the two-year validity of a Re-entry Permit, you can still get a return visa. Applications for a returning resident (SB-1) visa has to be filed with the nearest US Embassy or Consulate.
Once your return visa application is approved, it is not necessary for an immigrant visa petition to be filed for you. You have to attend interviews and should be able to establish eligibility for an immigrant visa. Not to forget having a medical examination. There is a fee for both visa processing and for medical test. If you are serving the US Armed Forces or a civilian employee of the US Government staying overseas on official purposes, your spouse and child/ren can use their green card to enter the US even if it has expired. It is not necessary for them to apply for a return visa (SB-1) as long as they have not abandoned their permanent resident status.
You should prove that you were in lawful permanent resident status when you left the US and came out with the intention of returning and have no intention of abandoning your status. You should also have strong evidence that your visit was a temporary one and if the stay abroad was extended, it was only because of inevitable situations not under your control for which you were not responsible.
File a completed Form DS-117 (Application to establish Returning Resident Status) at the US Embassy or Consulate. You will be required to submit your Permanent Resident Card and Re-entry Permit (if available) and other supporting documents. After reviewing your application and supporting documents, the Consular Officer will verify if you meet the criteria reserved for SB-1 status and if he approves, you must qualify for an immigrant visa in all other aspects to get a SB-1 visa.

The US Consulate will give you all details regarding further processing of your SB-1 visa and processing differs from each Embassy or Consulate. If the consular officer finds you have abandoned your residence in the US, it may or may not be possible for you to get a non immigrant visa depending on whether you have established a residence in a foreign country.

Qualifying for a return visa is a bit complicated. If you cannot show convincing evidence of compelling ties abroad, you will be left with the only option of applying for an immigrant visa on the same basis and under the same category through which you entered the US earlier.

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November 30, 2011

Removing Conditions On Residence

Persons who received a green card through marriage and came to the US on a K1 visa would have received a Conditional Permanent Resident card that is valid only for two years. Once the two-year conditional period ends, residence status will expire and you may be deported or removed. Due to the fact of its relevance, it is crucial to file Form I-751, Petition to Remove the Conditions of Residence, 90 days or less before the conditional residence expires. Once this petition is approved, the conditional status will be removed and you will receive a Permanent Resident card that will be valid for the next ten years.
When to file Form I-751?
It is important to file Form I-751 within 90 days before your conditional green card expires. While submitting your petition to remove your conditional status, it is always better to file it at the early end of the 90-day period. Do not file Form I-751 before the 90-day period because if you file too early, the USCIS will most likely return your I-751 application.
Who May File Form I-751?
If you are still married, you can file Form I-751 jointly with your US citizen or permanent resident spouse through whom you got the conditional permanent status. Should you have dependent children (on a K-2 visa) who got their conditional permanent status when you did and they entered the US within 90-days of your arrival, you have to include their names in your petition. If your children got their conditional status 90 days after you got or adjusted your status OR if the conditional permanent parent dies, they have to file Form I-751 separately to remove the conditions.

You can apply for a waiver for joint filing, if your spouse died or your marriage ended because of divorce or annulment. But you should be able to prove that you entered the marriage with honesty and good intentions. You can also get a waiver of joint filing if you are able to prove that you entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your US citizen or permanent resident spouse or the termination of your status would result in extreme hardship. Waiver requests for joint filing should be sufficiently backed by adequate proof to support your request. Copies of you divorce decree or police, court or medical proof that you were abused or a death certificate showing that you spouse died are few of the important documents required.

Your application package should include a completed and signed Form I-751 and a copy of your Conditional Green Card. Two passport-style photographs for you and children applying with you should also be a part of the package. Apart from these, two completed fingerprint cards (Form FD-258) for you and any children applying with you and evidence showing that the marriage is a bonafide one and that it was entered in honesty and in good faith should accompany the application. Remember to send the filing fee along.

Due to the fact of its relevance, it is crucial to file Form I-751, Petition to Remove the Conditions of Residence, 90 days or less before the conditional residence expires. If you are a conditional permanent resident and your card is lost, stolen or mutilated, you can get a replacement by filing Form I-90 with the USCIS.

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November 23, 2011

Gifting a Green Card. Is it True?

Absolutely not. There are strong rumors that keep popping up regarding gifting a green card. As mentioned earlier, it is a rumor and there is no such thing as a green card gift visa. Make sure you do not fall prey to anyone who tells you that they can arrange one for your friend without your friend knowing.

The Green cards process is a bit sophisticated and your information is thoroughly verified before the application further proceeds to the lottery stage. Even after you win the lottery, you still have to undergo lot of checks and interviews before you get the actual green card visa. You can never surprise your friend with a green card visa. Remember that green card visas are not transferable. If you happen to get selected in the green card lottery program, you will not be able to give away your right to immigrate into US through the Diversity Visa Program because you are not permitted to do so and you cannot transfer the ownership of the application to any other person.

Even if you are submitting an error-free application on your friend’s name, you in fact are ruining his/her chances to get the visa if he/she already applied or plans to apply soon. You cannot submit more than one entry and if you do so, both the entries will be automatically subjected to rejection. Do not think you are doing a favor to your friend by trying to apply for him without his knowledge.

A green card opens the doors to the land of opportunity, the United States. A green card offers you an wonderful opportunity and it is entirely up to you how you grab and choose to use it. The green card is indeed an opportunity to live and work in the most thriving, most developing and richest nation. It also creates a path to become an American citizen, as being a Lawful Permanent Resident is one of the main eligibility requirements to qualify for citizenship.

The United States is a country with people of different origins and ethnicity and many languages can be heard through people of different cultures and religions. As a green card holder, you can enjoy the privilege of most legal rights under US law, except for the voting right which only US citizens have. You can be a green card holder forever and it is not mandatory that you run for citizenship.

While filing the green card application, list all your children, natural, stepchildren or legally adopted, under 21 years of age and are unmarried, regardless of your present marital status with their parent and whether you are filing for green card on their behalf or not. Ensure that you do not list children that are already US citizens or have a Legal Permanent Resident status and do not list married children or children over 21, as they are not eligible to get a green card along with you.
If you have a permanent resident card or green card, your spouse and minor unmarried children under 21 can stay with you in the US as dependents.

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November 16, 2011

Applied For 2013 DV Lottery. What Next ?

The online registration period for the 2013 Diversity Visa Program (DV-2013) concluded on Saturday, November 5, 2011, at noon, Eastern Daylight Time (EDT) (GMT-4).

The only option to check if you have been selected is by going to www.dvlottery.state.gov and enter your confirmation number and personal information at the Entrant Status Check page. This is the only way through which you will come to know about your selection for DV-2013. If selected, you will get instructions on how to proceed further and details about your immigrant visa interview. Since you need the confirmation number to check, it is important you retain your confirmation number. The US Department of State will not provide your entry confirmation number if it is lost. You can check the status of your DV-2013 application starting May 1, 2012

Depending on the allocations of visas available for each region and country, a computer will randomly select from the qualified entries. All DV- 2013 entrants have to visit the E-DV website Entrant Status Check using the confirmation number to find out whether their entry has been selected in the DV program. If you are selected, you will be directed to a confirmation page that will provide further instructions, including information on the fees connected with immigration to the US that you need to pay. The Department of State will not be mailing out notification letters. It is very important to remember that those selected in the random selection will NOT be notified of their selection by e-mail. Even the persons NOT selected will be notified of their non-selection only through Entrant Status Check. US embassies and consulates will not give the list of selectees. If you are selected, your spouse and unmarried children under age 21 also qualify to apply for visas to accompany or follow-to-join. Visas for DV-2013 will be issued between October 1, 2012 and September 30, 2013.

Processing of entries and issuing Diversity Visas to winners who meet the eligibility requirements and their eligible family members should happen by midnight on September 30, 2013. Diversity Visas will not be issued or adjustments approved after this date. In addition to this family members cannot obtain Diversity Visas to follow-to-join in the US after this date.

To get a Diversity Visa to immigrate to the US, those selected in the random selection should meet ALL eligibility requirements under US law. The authorities will strictly inform those selected not to proceed further if they fail to meet the eligibility requirements. These requirements will increase the level of scrutiny required and the necessary time for further processing for natives of some countries listed in the notice including, but not limited to, countries identified as state sponsors of terrorism. Selected winners of DV-2013 who are living in the US currently can adjust their status to permanent residence by filing Form I-485 with the USCIS once their case numbers are current in any given month.

DV-2014 is the next visa lottery program that will accept online entries through the E-DV application in the year 2012 for the fiscal year 2014. Approximately a month will be available for you to download the application form and to fill and submit it back within 60 minutes of time. DV lottery is one of the best way to get green card to USA.

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