October 1, 2007
The Diversity Visa Program

Congress established the Diversity Visa Program (the “Visa Lottery”) to provide up to 55,000 green cards to foreign nationals from countries with low rates of immigration to the United States. The purpose is to diversify the pool of immigrants. There is no government filing fee to apply. It only requires filing at the USCIS website @ www.uscis.gov during the 30 day time period. To qualify the applicant must be from an eligible country, have the equivalent of a US high school education OR possess 2 years of work experience in an occupation required 2 years of training.

Millions of applicants enter the diversity visa lottery online each year. The Kentucky Consular Center disqualifies applicants who enter more than once. Entries are selected at random by computer. The Kentucky Consular Center notifies the winners by mail and includes instructions for the next step of the application. Once the next application is received by the Kentucky Consular Center, the lottery winner is scheduled for a visa interview at the consulate abroad. The processing must be completed before September 30th of the following year or the application is cancelled.

Unfortunately, many visa lottery applicants do not have access to a computer or they are not internet savvy. Instead they use “visa agents” to enter the lottery. Many of these visa agents wrongfully take advantage of applicants. There are even many imposter websites set up to mimic the U.S. government site. The imposter websites charge a fee when there is no government filing fee to apply.

There are many examples of fraud and abuse as reported by the US Government Reporting Office. Unscrupulous visa agents use their own address on entry forms so that the notificaction letters are delivered to them instead of the person selected for the visa lottery. The visa agent incepts the official documents from the Kentucky Consular Center to lottery winners. In some cases, visa agents have charged ransoms of up to $20,000 to lottery winners. Or offered to reduce the ransom if the lottery winner agreed to marry a person of the visa agent's choosing. Typically, the new spouse also paid a fee to the agent. These sham marriages are called “pop-ups” since the relationships were formed after the visa lottery winners had been selected.

Foreign nationals from countries that have sent more than 50,0000 immigrants in the family or employment based categories in any of the previous 5 years are not eligible for that year's lottery. The list of countries NOT eligible can change every year as immigration patterns change. However, foreign nationals from sixteen (16) countries have been ineligible each year since 2000. The following countries are NOT ELIGIBLE. Canada, China (mainland-born), Columbia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, Poland, Russia, South Korea, United Kingdom, and Vietnam. Immigrants from Africa and Europe have received the most diversity visas.

To avoid abuse, only use the official US government website. If you cannot use the internet, only have a trusted relative or friend apply for you. Make sure the address listed is yours and not the person helping you.

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