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Diversity Visa Winners Legally Residing In the United States: Apply Through USCIS

Diversity Visa Winners Legally Residing In the United States: Apply Through USCIS

Diversity Visa Winners Legally Residing In the United States: Apply Through USCIS

Magazine, Immigration, USCIS

There are, however, a small number of lottery winners each year who, at the time of “winning the lottery,” are residing in the United States in a nonimmigrant or other legal status. For these winners residing inside the United States, USCIS processes adjustment of status applications.

The following information applies to winners legally residing in the United States only.

For an applicant to adjust status under the DV Program, you must establish that you:

Visa Availability

For visa availability, check the latest month’s DOS Visa Bulletin. Section B contains a chart showing the current month’s visa availability in the Diversity Immigrant category. The chart shows when the Diversity Immigrant cut-off is met. When the cut-off is met, visas will be available in that month for the applicants with Diversity Immigrant lottery rank numbers below the specified cut-off numbers for their geographic areas. 

Section C contains a chart showing the Diversity Immigrant category rank cut-offs for the following month, which represents the advance notification of Diversity Immigrant visa availability. As soon as a monthly Visa Bulletin is published, anyone with a lower rank number than the rank cut-off number shown in Section C is eligible to file for adjustment of status. This provides lottery winners the opportunity to file for adjustment of status up to six or seven weeks before a visa number can actually be allocated. This gives USCIS additional time to determine your eligibility for adjustment of status before the end of the fiscal year. 

A Diversity Immigrant-based adjustment application cannot be adjudicated until a visa can be allocated, as indicated in the Visa Bulletin’s current Diversity Immigrant rank cut-offs for a particular month.

Application Process and Supporting Evidence

To obtain a Green Card, you must file Form I-485.

Supporting Evidence for Form I-485

Submit the following evidence with your Form I-485:

The adjustment of status process for diversity visa winners must be completed by September 30 of the fiscal year the lottery pertains to. Visas cannot be carried over to the next fiscal year.

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