Lottery Questions

As reported in last week’s Irish Voice, the application period for the next round in the annual DV-1 green card lottery will take place between Wednesday, October 5, 2005 and Sunday, December 4, 2005.

Following are a few of the frequently asked questions about the lottery as compiled by the State Department. And a continuing word of caution to the undocumented — do not, repeat, do not, apply for the lottery before seeking immigration advice, as the consequences could be dire.

For more information, visit the www.travel.state.gov/visa/immigrants/types/types_1318.html.

What does the term "native american" mean? Are there any situations inwhich persons who werenot born in a qualifying country may apply?

“Native” ordinarily means someone born in a particular country, regardless of the individual’s current country of residence or nationality. But for immigration purposes “native” can also mean someone who is entitled to be “charged” to a country other than the one in which he/she was born under the provisions of Section 202(b) of the Immigration and Nationality Act.

For example, if a principal applicant was born in a country that is not eligible for this year’s DV program, he/she may claim “chargeability” to the country where his/her derivative spouse was born, but he/she will not be issued a DV-1 unless the spouse is also eligible for and issued a DV-2, and both must enter the U.S. together on the DVs. In a similar manner, a minor dependent child can be “charged” to a parent’s country of birth.

Finally, any applicant born in a country ineligible for this year’s DV program can be “charged” to the country of birth of either parent as long as neither parent was a resident of the ineligible country at the time of the applicant’s birth. In general, people are not considered residents of a country in which they were not born or legally naturalized if they are only visiting the country temporarily or stationed in the country for business or professional reasons on behalf of a company or government.

An applicant who claims alternate chargeability must indicate such information on the application for registration.

May persons who are in the US apply for the program?

Yes, an applicant may be in the U.S. or in another country, and the entry may be submitted from the U.S. or from abroad.

Is each applicant limited to only one entry during the annual DV registration period?

Yes, the law allows only one entry by or for each person during each registration period; applicants for whom more than one entry is submitted will be disqualified. The Department of State will employ sophisticated technology and other means to identify individuals that submit multiple entries during the registration period.

What are the requirements for education or worl experience?

The law and regulations require that every applicant must have at least a high school education or its equivalent or, within the past five years, have two years of work experience in an occupation requiring at least two years training or experience. A “high school education or equivalent” is defined as successful completion of a 12-year course of elementary and secondary education in the U.S. or successful completion in another country of a formal course of elementary and secondary education comparable to a high school education in the United States. Documentary proof of education or work experience should not be submitted with the lottery entry, but must be presented to the consular officer at the time of the visa interview.