It is time again for the greencard lottery, which makes available 50,000 randomly drawn entries. The online registration period for DV 2011 will begin October 2, 2009 and will close on November 30, 2009.

There are no fees to apply. Obtaining assistance from anyone including brokers, attorneys, immigration notaries will NOT increase your chances of being selected. Be aware of false promises. As of the date of this writing the full instructions for DV 2011 are not yet out but you will be able to access all the necessary information and online forms at the official government site http://www.dvlottery.state.gov/

Winners will be notified by regular mail between May and July 2010. Winners are NOT notified by email so beware of fraudulent emails telling you that you have won the lottery. People who were not selected will NOT receive any notification.

As from the previous year, we expect that once the results are out, you will be able to check the status of your entry online by inputting the confirmation information you will receive when you register.

In order to qualify, every applicant must have at least a high school education or its equivalent OR have two years of experience (in an occupation that requires two years of experience or training) within the past five years.

If you are not sure if your occupation qualifies, the website provides additional information. You can go into the Department of Labor site where there is an occupation finder. You can search your occupation and the occupation must be specified as a ZONE 4 OR ZONE 5 to be qualifying. Essentially, they want high school graduate or person who qualifies with skilled labor. You can check this site for a link to the Department of Labor occupation finder. http://travel.state.gov/visa/immigrants/types/types_1319.html

The basic requirements for the DV lottery are: 1) you have to be a native of one of the listed countries by birth or marriage; 2) you have to meet the education OR work experience requirement set for above.

You will be required to submit a digital photograph with your application that must meet specified requirements that will be provided with the full instructions on the official government website. You must include photograph of yourself, your spouse and each unmarried child under 21 years of age including (this is important) NATURAL children, ADOPTED children and STEPCHILDREN (eg. Your spouse’s children) even if the child no longer lives with you or you do not intend the child to immigrate to the US under the DV lottery program. The only exception is children who are US citizens or greencard holders.

This is very important and every year, it seems that I see at least 1 person who gets disqualified due to misreading this requirement. Failure to put the photographs of all the required persons will result in disqualification of the principal applicant and refusal of all visas at the time of interview. Similarly, we see people who did not mention the child, stepchild, adopted child on their application but when they get selected, they list the child on the visa application and that is how they get disqualified.

With DV Lottery applications, it is always better safe than sorry. For information on your children, you must include all of the mentioned children even if you are no longer legally married to the child’s parent, and even if the spouse or child does not currently reside with you and/or will not immigrate with you. Just because your spouse or children are listed on the application, does not mean that they have to come to the US if you win so please be sure to list them.

You must list your spouse even if you are separated UNLESS you are legally separated (meaning there must be a written agreement recognized by a court or a court order). If you are LEGALLY separated or LEGALLY divorced then you do not need to list your former spouse.

Another important point is that each applicant may only submit ONE application. If you submit more than one application, you will be disqualified. For husband and wife, each may submit an application and whoever wins – the spouse will also get the greencard.

For successful applicants, the DV 2011 visas will be issued between October 1, 2010 and September 30, 2011.

By Victoria J. Suh, Esq.*
Tsoi & Associates, Lawyers
usvisalaw@aol.com