AUGUST 10, 2012
The U.S. Department of State has just announced its Diversity Visa Lottery Program for 2014
We are now accepting applications for this program. If you believe you or your family members may qualify, or if you know someone either in or outside of the United States who may be interested in applying, please contact my office immediately.
CLICK HERE to download our office registration form required for each applicant.
ENTRIES FOR THE DV-2014 DIVERSITY VISA LOTTERY MUST BE SUBMITTED ELECTRONICALLY BETWEEN OCTOBER 2, 2012AND NOVEMBER 3, 2012 NOON, EASTERN DAYLIGHT TIME (EDT) (GMT-4). PAPER ENTRIES WILL NOT BE ACCEPTED. APPLICANTS ARE STRONGLY ENCOURAGED TO NOT WAIT UNTIL THE LAST WEEK OF THE REGISTRATION PERIOD TO ENTER. HEAVY DEMAND MAY RESULT IN DELAYS. NO ENTRIES CAN BE ELECTRONICALLY FILED AFTER NOON EST ON NOVEMBER 3, 2012.
The congressionally mandated Diversity Immigrant Visa Program is administered on an annual basis by the Department of State and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101-649) amended INA 203 to provide for a new class of immigrants known as “diversity immigrants” (DV immigrants). The Act makes available 50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States.
The annual DV program makes permanent residence visas available to persons meeting the simple, but strict, eligibility requirements. Applicants for Diversity Visas are chosen by a computer-generated random lottery drawing. The visas, however, are distributed among six geographic regions with a greater number of visas going to regions with lower rates of immigration, and with no visas going to citizens of countries sending more than 50,000 immigrants to the U.S. in the past five years. Within each region, no one country may receive more than seven percent of the available Diversity Visas in any one year.
Last year, natives of the following countries were not eligible to apply because they sent a total of more than 50,000 immigrants to the U.S. in the previous five years:
BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, PHILIPPINES, POLAND, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible. Excluded countries for 2014 have not yet been determined. If you are not from an eligible country, your payment will be returned to you.
REQUIREMENTS FOR ENTRY
- Applicant cannot be a native of one of the countries listed above.
Native of a country whose natives qualify: In most cases this means the country in which the applicant was born. However, there are two other ways a person may be able to qualify. First, if a person was born in a country whose natives are ineligible but his/her spouse was born in a country whose natives are eligible, such person can claim the spouse's country of birth provided both the applicant and spouse are issued visas and enter the U.S. simultaneously. Second, if a person was born in a country whose natives are ineligible, but neither of his/her parents was born there or resided there at the time of his/her birth, such person may claim nativity in one of the parents' country of birth if it is a country whose natives qualify for the DV-2013 program.
- Applicant must meet either the education or training requirement of the DV program.
Education or Training: An applicant must have EITHER a high school education or its equivalent, defined as successful completion of a 12-year course of elementary and secondary education; OR two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. The U.S. Department of Labor's O*Net OnLine database will be used to determine qualifying work experience.
If the applicant cannot meet these requirements, he or she should NOT submit an entry to the DV program.
It is also important to note that you must be eligible for adjustment of status or to immigrate from abroad to benefit from the Diversity Visa Lottery. A successful Diversity Visa Lottery will not result in lawful permanent residency if you are otherwise ineligible due to a variety of reasons, including former immigration violations, criminal history, or public charge issues. Please contact my office if you have any questions or concerns regarding these issues.
AUGUST 3, 2012
DREAMERS Deferred Action and Employment Authorization
Announcing Deferred Action for childhood arrivals (DREAMERS) – USCIS has announced that on August 15, 2012, it will begin receiving requests for deferred action and employment authorization for qualifying individuals who arrived to the United States as children. Some estimate the Deferred Action program will affect 800,000 to 1.4 million persons.
Do you qualify? We can help.
Basic requirements: You may qualify for DREAMER deferred Action and Employment Authorization if you:
· Came to the United States under the age of 16
· Have continuously resided in the U.S. for at least five years before June 15, 2012 and were present on June 15, 2012
· Are currently in school, have graduated from high school, have obtained a GED, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
· Have not been convicted of certain criminal offenses, or are not otherwise a threat to national security or public safety
· Are not over 30 years of age
It is important to note that the Department of Homeland Security has stated that it cannot provide any assurance that all such requests will be granted. The use of prosecutorial discretion confers no substantive right, immigration status, or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.
Please contact our office immediately for a legal consultation under the DREAMER deferred action program, and to discuss the risks and benefits as they pertain to your specific case. At your consultation, please be prepared to discuss the following:
- Telephone numbers
- Mailing address
- Email address
- Date of birth
- Date of first entry to the United States
- If you left the United States since your initial entry?
- Date of all entries and departure to and from the United States
- If you ever been fingerprinted in the United States?
- If you ever been caught by Immigration?
- If you have any criminal record of any kind, including cases that were dismissed?
- If you ever been ordered deported, removed, or excluded from the United States?
- If you ever encountered any law enforcement officer (immigration official or federal/local law enforcement officer)?
ADDITIONAL INFORMATION (Released 6/15/12)