Green card lottery offers a second chance for a few lucky immigrants
Published 08/08/00

Most permanent resident visas, or green cards, are granted to an alien because the alien has either a close relative who is a United States citizen or green card holder, or because the alien has an offer of permanent employment in the United States. Without at least one of these two factors, however, it can be quite difficult to obtain a green card. Even if an alien qualifies, it can take a long time before a green card is issued . This can be frustrating to both employers and employees. Employers may want to make an employment offer to an alien who they hope will be a productive employee for many years but cannot afford to wait for the delay caused by the labor certification process which is required in many employment based green card applications. Likewise, employees who are legally in the United States on a temporary visa may want to apply for a green card but may be concerned as to whether they will qualify for permanent resident status.

There is, however, a limited window of opportunity each year for green card applicants to attempt to obtain a green card without going through the full application process. Each year, the Immigration and Naturalization Service accepts applications to its DV-1 Program, commonly referred to as the diversity immigration lottery. The immigration lottery is a special program through which approximately 55,000 green cards are issued each year, with minimal qualification requirements. Indeed, one could argue that the key requirement for this program is luck. Applicants who Awin@ the green card lottery are eligible to seek adjustment of status during fiscal year 2002, which begins on October 1, 2001.

There are certain specific requirements for the immigration lottery. First, applications are accepted only during a very limited period of time. This year, applications must be received by the INS between noon on October 2, 2000 and noon on November 1, 2000. It does not matter when an application is postmarked; rather, it must be actually received by the INS during this period. Second, the applicant must have at least a high school diploma or its equivalent, or in the alternative, at least two years of work experience in an occupation requiring at least two years of training or experience. Many trades, such as plumbers and electricians, for instance, might qualify. Third, the applicant must be a native of a Alow admission@ foreign country, since the purpose of the lottery is to increase the diversity of aliens immigrating to the United States. Certain countries from which many aliens receive green cards do not qualify for the lottery program. For the 2000 lottery, the non-qualifying countries are: Canada, China (Mainland and Taiwan, except Hong Kong S.A.R.), Columbia, the Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, the Philippines, South Korea, the United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Furthermore, no one country can have more than 3,500 diversity immigration lottery green cards issued to its natives in any one fiscal year.

Applicants to the lottery need to understand that Awinning@ the green card lottery does not guarantee that they will be granted permanent resident status. The applicant must still apply for issuance of the green card at a U.S. consulate or applying for adjustment of status if they are already in the United States. This is a detailed process, which involves providing various documentation to the INS including but not limited to birth certificates, marriage certificates, fingerprints, a medical examination, and in some instances, going through an interview with the INS. Indeed, in past years, the INS has issued nearly 100,000 notices of approval through the lottery program even though there are only about 55,000 green cards available through this program. This is because the INS has found that many individuals who receive a notice of approval either never end up applying for adjustment of status, or don=t qualify for adjustment of status. As a result, an applicant who receives a notice of approval through the immigration lottery should apply for a green card or seek adjustment of status as soon as permissible.

There are specific, precise format requirements for the application and even the envelope in which it is sent. Failure to follow these requirements can result in automatic disqualification from the lottery. Applicants with questions about the lottery may want to consider consulting with an immigration attorney, and may also want to explore with that attorney other possible avenues of seeking a green card should the applicant not win the lottery.

The attorney who wrote this article is no longer at the law firm of Hamblett & Kerrigan, P.A. in Nashua. Other practitioners at the firm handle work in the same areas of law which he worked in, which included employment law, family law, and general litigation, including property tax abatement and personal injury.You can reach one of those lawyers by calling the law firm (883-5501) or by e-mail at info@nashualaw.com .

This information is general information and may not reflect the most current legal developments, verdicts or settlements. The information provided should not be relied upon as an indication of the actual state of the law or of future developments. The information contained on the Hamblett & Kerrigan website is for informational purposes only and does not constitute legal advice. If the information referenced may be of legal importance to you, you should consult with an attorney to provide you with legal guidance and opinion as the the effect of the current law upon your situation.