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Change of Filing Location for Certain I-601 and I-212 Waiver Applications

Tiyalaw — Wed, 23 May 2012 17:05:59 +0000

Change of Filing Location for Certain I-601 and I-212 Waiver Applications

As of June 4, 2012, foreign nationals abroad who have applied for certain visas (immigration visa, or nonimmigrant K or V visa) and who have been found ineligible for inadmissibility by a U.S. Consular Officer may file their requests to waive certain grounds of inadmissibility directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility in the U.S.

This change of filing location will shorten processing time and faciliate consistent adjudication of waiver cases.

The affected filings include:

Form I-601, Application for Waiver of Grounds of Inadmissibility
Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal
Form I-290B, Notice of Appeal or Motion, (if filed after a denial of a Form I-601 or Form I-212)

Immigrant visa waiver applicants in Ciudad Juarez, Mexico, will have the option to either mail their waiver applications to the USCIS Lockbox in the United States or file in-person at the USCIS office in Ciudad Juarez for a limited six-month transition period.

This change of filing location is separate from the provisional waiver proposal published in the Federal Register on Mar. 30, 2012.

May 23, 2012: By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

This article is intended for informational purposes only; and should not be relied on as a legal or any advice, or an attorney-client relationship.

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New Filing Location for Certain I-130 Petitioners Residing Abroad

Tiyalaw — Tue, 17 May 2011 17:06:18 +0000

New Filing Location for Certain I-130 Petitioners Residing Abroad

On May 16, 2011, the U.S. Citizenship and Immigration Services (USCIS) published a new regulation stipulating that, effective August 15, 2011, I-130 petitioners residing in foreign countries without international USCIS offices must file their Forms I-130 Petition for Alien Relative with the USCIS Chicago Lockbox facility at:

For U.S. Postal Service:

USCIS
P.O. Box 804625
Attn. CSC/I-130/OS
Chicago, IL 60680-4107

For Express mail and courier deliveries:

USCIS
Attn. CSC/I-130/OS
131 South Dearborn – 3rd Floor
Chicago, IL 60603-5517

Under the current procedures and before August 15, 2011, I-130 petitioners residing abroad without international USCIS offices would be filing their I-130s with the USCIS or the U.S. Department of State at their local U.S. embassy or U.S. Consulate. From August 15, 2011 onwards, I-130 petitioners residing abroad without international USCIS offices must file their Forms I-130 with the Chicago Lockbox facility at the address above.

As of August 15, 2011, I-130 petitioners residing in a country with a USCIS office have the option of sending their Forms I-130 to the Chicago Lockbox, or they may file their Forms I-130 at the international USCIS office having jurisdiction over their area of residence.

Since the new regulation becomes effective only on August 15, 2011, all I-130 petitioners should still follow the procedures currently in place until August 14, 2011.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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Errors in 2012 DV Green Card Lottery Results in Early May 2011. New DV Results Available on or around July 15, 2011

Tiyalaw — Mon, 16 May 2011 00:31:41 +0000

Errors in 2012 DV Green Card Lottery Results in Early May 2011. New DV Results Available on or around July 15, 2011

As a result of computer programming problem, The U.S. Department of State (DOS) will conduct new selection for 2012 diversity green card lottery applications that were submitted from October 5, 2010 to November 3, 2010. The new selection results are expected to be published on DOS website on or about July 15, 2011. The original DV lottery results were invalid because the selection process did not represent a fair, random selection of entrants, as required by U.S. law.

As a result, green card lottery applicants who checked the DV website at http://www.dvlottery.state.gov/ during the first week in May and found a notice that they had been selected for further processing or a notice that they had not been selected, will need to recheck the DV website again around July 15, 2011 because the early May 2011 notice on green card lottery results has been rescinded and is no longer valid.

Green card lottery applicants who submitted their applications from October 5, 2010 to November 3, 2010 do not have to resubmit new green card lottery applications. New lottery selection will be run again for their previously submitted applications and these applicants would be able to check the new DV results on or around July 15, 2011.

Diversity Immigrant Visa (DV) program (Visa Lottery)(also known as “green card lottery”) applications is one of the U.S. green card programs to allow the lottery winners to apply for immigrant visas to live and work in the U.S. as green card holders. Each year, The U.S. Department of State conducts a lottery through its DV program to distribute applications for 50,000 immigrant visas.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters

Isabel Davila — Mon, 18 Apr 2011 02:33:58 +0000

Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters

On April 13, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced temporary immigration relief measures for foreign nationals affected by their home country conditions, such as civil unrest or a severe environmental disaster. For examples, home country conditions of the foreign national may impede his/her ability to return home as originally planned, or may create temporary financial difficulties for the foreign nationals and his/her families; extreme situations beyond your control also may affect your ability to maintain lawful immigration status while in the United States.

The available temporary immigration relief measures you may apply include:

A change or extension of nonimmigrant status for an individual currently in the United States;
Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and relatives of lawful permanent residents whose priority dates are current;
Expedited employment authorization, where appropriate;
Visitors traveling under the Visa Waiver Program may contact a USCIS local office for assistance at https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO ; and
Where applicable, humanitarian parole may be available.

Currently, the regions or countries that are affected by civil unrest or natural disaster include, but are limited to, the Middle East region, Tunisia, Egypt, Algeria, Bahrain, Syria, Libya, and Japan.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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Additional U.S. Immigration Relief for Those Stranded Due to Earthquake and Tsunami in Japan

Isabel Davila — Fri, 18 Mar 2011 21:44:53 +0000

Additional U.S. Immigration Relief for Those Stranded Due to Earthquake and Tsunami in Japan

Tragedies are escalating in Japan as a result of its recent earthquake and tsunami. With many U.S. citizens or residents having loved ones in Japan, and Japanese nationals already in the United States, the U.S. Citizenship and Immigration Services (USCIS) has issued a news release on March 17, 2011 outlining additional temporary immigration benefits that are available upon request.

For eligible Japanese nationals or U.S. residents stranded in Japan:

Expedited processing of advance parole requests;
Re-parole of individuals granted parole by USCIS;
Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs); and
Assistance to lawful permanent residents (LPRs) stranded overseas without immigration documents such as green cards. If there are no overseas USCIS offices accessible by LPRs, the USCIS and the Department of State (DOS) will coordinate their immigration matters.

For eligible Japanese nationals already in the United States:

The grant of an application for change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
Re-parole of individuals granted parole by USCIS;
Extension of certain grants of advance parole;
Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship; and
Expedited employment authorization where appropriate.

For representation to bring eligible Japanese nationals to or extend status of these individuals in, the United States, please contact us at 703-772-8224 and koka@tiyalaw.com .

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

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Avoid Diversity Visa (DV) or Green Card Lottery Fraud or Scams

Tiyalaw — Sun, 13 Mar 2011 16:05:47 +0000

Avoid Diversity Visa (DV) or Green Card Lottery Fraud or Scams

Recently, the Department of State (DOS), Office of Visa Services, issues another fraud warning advising the public of a substantial increase in fraudulent emails and letters sent to Diversity Immigrant Visa (DV) program (Visa Lottery)(also known as “green card lottery”) applicants. Posing as the U.S. government, these fraudulent letters and e-mails request DV applicants for payment of fees. In addition, the scammers will also claim that, for a fee, they can increase a person’s chances of winning the green card lottery; or that people from ineligible countries can still “qualify” to enter the lottery.

Green Card lottery is one of the U.S. green card programs to allow the lottery winners to apply for immigrant visas to live and work in the U.S. as green card holders. Each year, the State Department conducts a lottery through its DV program to distribute applications for 50,000 immigrant visas. PLEASE NOTE, winners are selected randomly, and there is no fee to enter the lottery.

The DOS reminds the public that DV-2012 applicants will not receive any letter of notification from the U.S. government. DV-2012 applicant must check their status online, and that DV Entry Status Check will only be provided through the DOS secure online site, at http://www.dvlottery.state.gov/

DOS has issued Frequently Asked Questions to educate green card lottery applicants or potential applicants from becoming victims of green card lottery fraud. For more information, please visit http://travel.state.gov/visa/immigrants/types/types_1749.html . Some examples of the DOS’ advice include:

A. How do I know if a website or email is from the U.S. government?

When surfing the internet on the U.S. government, the DOS advises the public that:

Internet sites ending in the “.gov” top-level domain suffix are official government websites. Official U.S. government email addresses also end in “.gov,” and any visa-related correspondence coming from an address that does not end with “.gov” should be considered suspect.
To link directly to the more than 200 U.S. Embassy and Consulate websites, visit www.usembassy.gov. Visa information on official U.S. government websites ending in “.gov” is official and correct.
The main U.S. government websites containing official visa and immigration information, including free information and forms, are:

U.S. Embassy and Consulate websites:	http://www.usembassy.gov/
Department of State, Consular Affairs travel website:	http://travel.state.gov
Department of State, Diversity Visa Lottery website:	http://www.dvlottery.state.gov
Department of Homeland Security (DHS):	http://www.dhs.gov
DHS, U.S. Citizenship and Immigration Services:	http://www.uscis.gov
DHS, U.S. Customs and Border Protection:	http://www.cbp.gov
DHS, Immigration and Customs Enforcement:	http://www.ice.gov
Department of Labor:	http://www.doleta.gov

B. Is immigration information on other websites official?

Even though some non-governmental websites provide legitimate and useful immigration- and visa-related information and services, these information may not be correct or up-to-date. The public should, therefore, always verify the information with an official U.S. government source. Visa applicants are advised to be cautious in all dealings with companies that claim to offer any assistance in obtaining U.S. visas.

Regardless of the content of other websites, the Department of State does not endorse, recommend, or sponsor any information or material shown on non-governmental websites (e.g., addresses ending with “.com,” “.org” or “.net”).

C. How do I recognize fraudulent websites and emails posing as U.S. government?

Some websites and emails try to mislead customers and members of the public into thinking they are official U.S. government websites.

These fraudulent or misleading e-mails or websites ARE NOT from the U.S. government because they do not have the “.gov” suffix on their addresses.

D. What is the purpose of these fraudulent websites and emails?

The purpose of these green card lottery fraudulent websites and emails are to defraud money from the public. For examples:

Some of these fraudulent websites or e-mails may require payment for immigration and visa services. If payment is made to a non-governmental source, this payment is not received by the U.S. government and does not apply toward visa processing. Sometimes these costs are for information or forms that are otherwise available for free on official U.S. government websites.
The imposter websites and emails cannot provide the services they advertise and for which they require payment. For example, many fraudulent emails promise U.S. visas or “green cards” in return for a large fee. Please note, only the U.S. government has the authority to approve U.S. visas and green cards. These non-governmental, unofficial organizations are not able to provide these services.
The fraudulent websites or e-mails may request personal information which could result in identity fraud or theft.

E. Where do I get official information on the Diversity Visa program and how do I check my status?

The only official information on green card lottery program is from the U.S. government websites ending in “.gov,” such as http://travel.state.gov or http://www.dvlottery.state.gov. The only official way to apply for the green card lottery is directly through the official U.S. Department of State website during the specified and limited registration period.

DV program entrants must check their status of their DV lottery entry online at http://www.dvlottery.state.gov:

DV 2011: Entrants who completed online DV-2011 entries between October 2, 2009, and November 30, 2009, and who were selected in the random drawing were notified by the Department of State, Kentucky Consular Center, by letter. Entrants can also check the status of their entries at http://www.dvlottery.state.gov from July 1, 2010, until June 30, 2011, using the information from their DV-2011 confirmation page saved at the time of DV entry. For successful DV 2011 entrants, the diversity immigrant visa application process must be completed and visas issued by September 30, 2011.

DV 2012: Entrants who completed online DV-2012 entries will not receive notification letters from the Kentucky Consular Center, and must check the status of their entries at http://www.dvlottery.state.gov between May 1, 2011, and June 30, 2012.

Notice: The U.S. Department of State’s Kentucky Consular Center DOES NOT E-MAIL NOTIFICATIONS to green card lottery entrants informing them of their winning entries. No other organization or private company is authorized to notify DV applicants of their winning entries, or the next steps in the process. Imposters frequently contact DV applicants asking for money or personal information through websites, emails, and letters. Entrants should only refer to the online status check at http://www.dvlottery.state.gov or instructions on http://travel.state.gov for official information about the DV process. For more information about the Diversity Visas review the Department of State, Diversity Visa Program webpage.

To learn more about DV or green card lottery scams, please see the Federal Trade Commission Warning at http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt003.shtm .

F. Where can I find information on international financial scams?

For additional information on international scams involving internet dating, inheritance, work permits, overpayment, and money-laundering, please visit the International Financial Scams page at http://travel.state.gov/travel/cis_pa_tw/financial_scams/financial_scams_3155.html

G. How do I report internet fraud or unsolicited email?

If a person wishes to file a complaint about internet fraud, please visit http://econsumer.gov/ . econsumer.gov is a joint effort of consumer protection agencies from 17 nations, hosted by the Federal Trade Commission.

In addition, a person can also visit the Federal Bureau of Investigation (FBI) Internet Crime Complaint Center (IC3) website at http://www.ic3.gov/default.aspx.

If a person wishes to file a complaint about unsolicited email, please contact the U.S. Department of Justice at http://www.justice.gov/spam.htm .

Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and exceptional ability.

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Processing Delays for Some I-130 Immediate Relative Petitions Pending with the USCIS Texas Service Center or California Service Center

hurlocka — Mon, 28 Feb 2011 19:53:17 +0000

Processing Delays for Some I-130 Immediate Relative Petitions Pending with the USCIS Texas Service Center or California Service Center

Recently, the U.S. Citizenship and Immigration Services (USCIS) has issued a notification indicating delay in their processing of approximately 36,000 immediate relative petitions (Form I-130) that were transferred from the California Service Center (CSC) to the Texas Service Center (TSC). Some cases have been transferred back to the CSC. TSC and CSC are USCIS service centers.

As of February 22, 2011, the USCIS’ updates on the above cases (CSC and TSC) are:

Approved: 18,572

Denied: 165

Request for Evidence (RFE)/Intent to Deny: 6779

Referred to District Office for Interview: 4023

The petitioners or beneficiaries are encouraged to monitor their I-130 case progress on the USCIS My Case Status online at https://egov.uscis.gov/cris/Dashboard.do . However, by March 1, 2011, if the parties concerned do not see any action on their cases, such as an approval, denial or an RFE, they may contact USCIS at: I-130Inquiries.Tsc@dhs.gov

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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U.S. Consular Instructions on Applications for I-601 Extreme Hardship Waiver in Certain European Countries. What are Extreme Hardships?

Tiyalaw — Thu, 27 Jan 2011 21:47:17 +0000

Certain foreign nationals may be required to file for a Form I-601 Application for Waiver of Ground of Inadmissibility when applying for immigrant visa at the U.S. Consulate abroad. Immigrant visa is one of the processes for obtaining green card status in the United States. An I-601 extreme hardship waiver is required, for example, when an applicant was unlawfully present in the United States for a certain period of time and now has a time bar from re-entering the United States; or has committed certain legal violations. This is not an exhaustive list of examples.

There are many unanswered questions to the application process for I-601 extreme hardship waiver. Consistent adjudication, handling and/or processing time, across all adjudication offices abroad for I-601 extreme hardship waiver are often being reviewed by the U.S. immigration branches in their efforts to improve the provision of such immigration service abroad and to promote family unification in the United States, while conforming with due diligence in executing and complying with the U.S. immigration law.

The following are some general information on I-601 extreme hardship waiver applications:

1. Who adjudicate the I-601 extreme hardship waiver applications?

The U.S. Citizenship and Immigration Services (USCIS) adjudicate the I-601 cases. The USCIS is a government agency that oversees lawful immigration to and in the United States. The USCIS is a branch of the U.S. Department of Homeland Security (DHS).

2. Where do I submit the I-601 extreme hardship waivers to?

For applicants outside the United States, the I-601 extreme hardship waiver applications are submitted at their U.S. Consulate abroad (i.e. the consular section of the U.S. Embassy). The U.S. Consulate reviews the I-601 filings for supporting documentation and then forward them to the appropriate USCIS Field Office. The USCIS Field Office adjudicating the I-601 extreme hardship waiver application is located at the U.S. Embassy in the same or in another country.

Applicants residing in the United Kingdom must send in their I-601 extreme hardship waiver applications to:

Mailing Address – From the United States
USCIS Field Office – London (I-601)
Unit 8400, Box 26
FPO AE 09498-0026

Mailing Address – From Outside the United States
USCIS Field Office (I-601)
American Embassy (DHS/USCIS)
Post Office Box 2444
London W1A 5WT

Physical Address for Express Delivery
USCIS Field Office (I-601)
American Embassy (DHS/USCIS)
24 Grosvenor Square
London W1A 1AE

For applicants residing in European countries such as Denmark, Finland, Iceland, Republic of Ireland, Norway, and Sweden, their I-601 extreme waiver applications are forwarded by their applicable U.S. Consulates to the USCIS Field Office in London, United Kingdom, for adjudication.

3. Where are the I-601 extreme hardship waiver applications adjudicated?

For I-601 extreme hardship waivers filed with U.S. Consulates abroad, the USCIS Field Offices for I-601 waivers that are normally located abroad adjudicate them.

4. What documents should the applicants include in the I-601 extreme hardship waiver application package?

The London USCIS Field Office has provided, among other things, a checklist and guidance for their I-601 extreme hardship waiver application process. Applicants residing in the United Kingdom are recommended to submit their I-601 extreme waiver application with documentation in certain order. For further detailed instructions, please visit http://london.usembassy.gov/dhs/uscis/ivwaiver.html .

5. What is “extreme hardship”?

“Extreme hardship” to qualifying relatives (U.S. citizen or lawful permanent resident relative) in U.S. immigration law requires hardships beyond the normal and usual hardships resulted from family separation. In general, the umbrella factors of “extreme hardships” to “qualifying relative(s)” may include, but are not limited to, medical/health, occupation, education, religion, finance, etc. An I-601 extreme hardship waiver application is adjudicated on a case-by-case and discretionary basis after considering all the circumstances of the case.

The U.S. immigration regulations have not defined the criteria of “extreme hardship” for I-601 extreme hardship waiver, and therefore, there are inconsistencies and lack of uniformity on the standards that would sufficiently constitute “extreme hardships” as well as the best materials to provide. Furthermore, the adjudication and grant of a waiver such as an I-601 waiver are inherently highly discretionary.

In general, applicants should consult with or seek help from a licensed and experienced U.S. immigration attorney in preparing “extreme hardship” package.

6. How do I check my case status?

For I-601 extreme hardship waiver applications being adjudicated by the London USCIS Field Office, the USCIS will notify the applicants with their I-601 receipt numbers which they can then use to track their case status at http://london.usembassy.gov/dhs/uscis/ivwaiver.html .

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By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

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Immigrate to the U.S. via Green Card Lottery (DV Lottery): Diversity Immigrant Visa (DV) Program

Isabel Davila — Wed, 19 Jan 2011 18:46:57 +0000

Each year, the Diversity Immigrant Visa (DV) Program (DV lottery)(also known as green card lottery) makes 50,000 immigrant visas available to eligible applicants who are selected in the lottery. To qualify for the lottery, an applicant must be a native of one of the listed country; and have the U.S. equivalent of a high school diploma, or have 2 years of related experience in the last 5 years in an occupation that requires at least 2 years of experience or training.

The initial DV lottery submission is absolutely free.

The U.S. Department of State (DOS) advises that there are many websites posing as the U.S. government and charging fees for this online submission. Applicants should be wary of websites posting as the U.S. government. Only applicants who win the lottery will be required to, eventually, pay any visa or other fees set by and to the U.S. government.

For applicants who seek help to submit a DV lottery entry using “Visa Agents”, Visa Consultants” or other individuals (collectively, Facilitator), the DOS further advises applicants to be present during the online DV lottery submission to ensure that all his/her personal information is entered accurately, and to retain the confirmation page containing the unique confirmation number because some Facilitators may extort money in exchange for the confirmation number. The confirmation number is the ONLY way for an applicant to verify if (s)he has been selected in the DV lottery and further procedures.

While applicants are free to seek help, most applicants submit this initial part of the DV lottery application on their own. Some winning applicants do seek out help from lawyers in preparing for their visa interviews since the information and documentation required for the visa interview is a bit more detailed than the initial free online submission.

If an applicant can meet these requirements, they can submit their entries online free at http://www.dvlottery.state.gov/ . Each applicant will be required to electronically submit photographs and information about themselves, their spouse, and unmarried children under the age of 21. The information required of each applicant and their family members includes, but are not limited to:

1. FULL NAME – Last/Family Name, First Name, Middle Name

2. DATE OF BIRTH – Day, Month, Year

3. GENDER – Male or Female

4. CITY WHERE YOU WERE BORN

5. COUNTRY WHERE YOU WERE BORN – The name of the country should be that which is currently in use for the place where you were born.

6. COUNTRY OF ELIGIBILITY OR CHARGEABILITY FOR THE DV PROGRAM – Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. If you were born in a country that is not eligible for the DV program, please review the instructions to see if there is another option for country chargeability available for you. For additional information on chargeability, please review DOS DV 2012 Instructions under “Frequently Asked Question #1”.

7. MAILING ADDRESS – In Care Of, Address Line 1, Address Line 2, City/Town, District/Country/Province/State, Postal Code/Zip Code, and Country

8. COUNTRY WHERE YOU LIVE TODAY

9. PHONE NUMBER (optional)

10. E-MAIL ADDRESS – provide an e-mail address to which you have direct access. You will NOT receive an official selection letter at this address. However, if your entry is selected and you respond to the notification of your selection through the Entry Status Check, you will receive follow-up communication from the Kentucky Consular Center (KCC) by e-mail notifying you that details of your immigrant visa interview are available on Entry Status Check.

11. WHAT IS THE HIGHEST LEVEL OF EDUCATION YOU HAVE ACHIEVED, AS OF TODAY? You must indicate which one of the following represents your own highest level of educational achievement: (1) Primary school only, (2) High school, no degree, (3) High school degree, (4) Vocational school, (5) Some university courses, (6) University degree, (7) Some graduate level courses, (8) Master degree, (9) Some doctorate level courses, and (10) Doctorate degree

12. MARITAL STATUS – Unmarried, Married, Divorced, Widowed, or Legally Separated

13. NUMBER OF CHILDREN – Entries MUST include the name, date, and place of birth of your spouse and all natural children. Entries must also include all children legally adopted by you, and stepchildren who are unmarried and under the age of 21 on the date of your electronic entry , 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. Note that married children and children 21 years or older are not eligible for the DV; however, U.S. law protects children from “aging out” in certain circumstances. If your electronic DV entry is made before your unmarried child turns 21, and the child turns 21 before visa issuance, he/she may be protected from aging out by the Child Status Protection Act and be treated as though he/she were under 21 for visa-processing purposes. Failure to list all children who are eligible will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview. See DOS DV 2012 Instructions under Frequently Asked Question #11.

14. SPOUSE INFORMATION – Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and Photograph. Failure to list your eligible spouse will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview. You must list your spouse here even if you plan to be divorced before you apply for a visa.

15. CHILDREN INFORMATION – Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and Photograph: Include all children declared in question #13 above.

When an applicant completes the online lottery application, they will get a confirmation number which they should print out. This confirmation number will be the only means by which the applicant will learn of their having won the lottery. Entry into each year’s DV Lottery is allowed only during a limited period of time. The period to apply for the 2011 and 2012 DV lottery has already closed. The entry period for the 2013 DV lottery will be announced on this website.

Once the application is submitted online, applicants can check the status of their DV lottery application online at www.dvlottery.state.gov . 2011 DV lottery winners have already been notified that they won. 2012 DV lottery winners will only find out that they have won by using the Entry Status Check section of the DV lottery website and how to proceed on their applications. Non-winning entries will learn of their non-selection using the Entry Status Check online system as well. The entry status check portion of the above website will provide winning applicants with a link to further instructions on how to proceed on their applications if they are selected.

If you would like more information on the DV lottery, please consult the website above or contact an immigration attorney.

Author: Aaron Hurlock, an Immigration Paralegal with about 10 years of professional immigration experience.

Editor & Contributor: Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.