Ask An Immigration Lawyer :: The Diversity Lottery

One resource bi-national couples may find useful is the Diversity Lottery, also known as the Green Card Lottery.

EDGE: Let's say I am a foreign national wishing to obtain a visa to live in the United States. I hear about the Diversity Lottery. What is it, exactly?

Attorney Caro Kinsella The Diversity Lottery is a system for making visas available to foreign nationals to come to the U.S. from nations that are under-represented in terms of immigration -- that is, nations that have had fewer than 50,000 of their people relocate to the U.S. over the last five years. The lottery began in 1995 and currently offers 50,000 green cards to people from qualifying nations.

EDGE: People from most nations are eligible for the Diversity Lottery, but not all. Which are the exceptions?

Attorney Caro Kinsella: Currently, people from the following countries are not eligible for Diversity Lottery registration: Bangladesh, Brazil, Canada, Mainland China, Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, Vietnam, and the nations and territories of the United Kingdom - with the exception of Northern Ireland.

EDGE: What is involved in the process?

Attorney Caro Kinsella: First off, you have to be eligible. (More on this below.) The applicant first has to submit an application. There is no filing fee. Once per year, around the first of May, the randomly chosen applicants to receive visas are posted at the E-DV (Electronic Diversity website). If you are chosen, you can then apply for your green card.

EDGE: What are the eligibility requirements?

Attorney Caro Kinsella: According to the U.S. State Department website on Diversity Visas (http://travel.state.gov/content/visas/english/immigrate/diversity-visa/entry.html), "The Diversity Immigrant Visa (DV) Program requires the principal DV applicant to have a high school education, or its equivalent, or two years of qualifying work experience as defined under provisions of U.S. law."

A second step to the application process also comes into play here, requiring completion of another form as well as the gathering of a number of relevant documents, including the applicant's birth certificate, any police, prison, or court records, any documentation about marriage or divorce and custody of children, and any military records. In some cases, translations must be prepared of the supporting documentation.

All relevant documents need to be gathered prior to the interview portion of the process. Applicants also need to bring the appointment letter documenting the date and time of the scheduled interview, two identical photos, passport, and documentation of a complete recent medical exam to the interview.

The interview takes place at the U.S. embassy or consulate. The applicant's status - approval or rejection - is determined at the conclusion of the interview.

EDGE: Why would I seek a Diversity Lottery visa rather than, say, an E-2 visa or a B visa associated with someone else's E-2?

Attorney Caro Kinsella: E-2 visas allow nationals from countries under the relevant treaty to enter the U.S. for work. The B visa allows the same-sex partner of a foreign national allowed here under an E-2 visa to come along, also. But provisions for the foreign boyfriend or girlfriend of a U.S. citizen are addressed by different parts of immigration law.

Also, a foreign national wishing to move to the U.S. legally might not have a job here that provides for an E-2 visa. Not to mention, not all foreign nationals have American significant others! For that reason, foreign nationals in relationships with non-Americans might consider the Diversity Lobby, which could include a visa for a spouse and children.

For more detailed information on this topic, contact Attorney Caro Kinsella, Immigration Attorney. Her team of legal experts specialize in gay immigrations matters, and will assist you with green cards, visas and all other US Immigration matters. Click here to contact the attorney's office directly.

This story is part of our special report: "Ask An Immigration Lawyer". Want to read more? Here's the full list.