Diversity Visa Lottery Scams: Part I

Each year, the U.S. Department of State runs the Diversity Visa Lottery Program. That program lets people from some countries apply to be a "Lawful Permanent Resident." That is what many people call "getting a Green Card."

You can enter the lottery if you are from an eligible country and you meet the educational or work requirements. If your entry is picked, you get the chance to apply to be a Lawful Permanent Resident.

But dishonest people might try to trick you. Learn the facts about the Diversity Visa Lottery Program. It can help you avoid these scams.

First Steps Toward an Immigrant Visa: Upgrading a Petition

If You Were an LPR and Are Now a U.S. Citizen: Upgrading a Petition

If you filed a petition for your spouse and/or minor children when you were a lawful permanent resident (LPR), and you are now a U.S. citizen, you must upgrade the petition from family second preference (F2) to immediate relative (IR). You can do this by sending proof of your U.S. citizenship to the National Visa Center (NVC). You should send:

·                          A copy of the biodata page of your U.S. passport; or

·                          A copy of your certificate of naturalization

Important Notice: If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your minor children when you were a LPR, you must do so now. A child is not included in an immediate relative (IR) petition. (This is different from the family second preference (F2) petition, which includes minor children in their parent's F2 petition.)

Children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will determine whether your child is a U.S. citizen and can have a passport. If the consular officer determines your child is not a U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S.

First Steps Toward an Immigrant Visa

The First Step toward an Immigrant Visa: Filing a Petition

As the first step, a sponsoring relative must file a Petition for Alien Relative, Form I-130 with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).

 In certain circumstances, a U.S. citizen living abroad can file an immigrant visa petition outside the United States.  

U.S. Sponsor Minimum Age Requirement

U.S. citizens must be age 21 or older to file petitions for siblings or parents. There is no minimum age for a sponsor to file petitions for all other categories of family based immigrant visas. However, a U.S. citizen or lawful permanent resident (LPR) must be at least 18 years of age and have a residence (domicile) in the U.S. before he or she can sign an Affidavit of Support, Form I-864 or I-864-EZ. This form is required for an immigrant visa for a spouse and other relatives of U.S. sponsors.

Is Residence in the U.S. Required for the U.S. Sponsor?

 Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future. Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions.

Family Based Visas: Overview, Continued

Family Based Visas: Overview, Continued

Numerical Limitations for Limited Family-based Preference Categories

Whenever the number of qualified applicants for a category exceeds the available immigrant visas, there will be an immigration wait. In this situation, the available immigrant visas will be issued in the chronological order in which the petitions were filed using their priority date. The filing date of a petition becomes what is called the applicant's priority date. Immigrant visas cannot be issued until an applicant's priority date is reached. In certain categories with many approved petitions compared to available visas, there may be a waiting period of several years, or more, before a priority date is reached.

Returning Resident Immigrant Visas (SB)

A lawful permanent resident (LPR) who has remained outside the U.S. for longer than twelve months, or beyond the validity period of a re-entry permit, will require a new immigrant visa to enter the U.S. and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the U.S. due to circumstances beyond his/her control.

Family-Based Visas: Overview

Overview - Family-based Immigrant Visas

Two groups of family based immigrant visa categories, including immediate relatives and family preference categories, are provided under the provisions of United States immigration law, specifically the Immigration and Nationality Act (INA).

Immediate Relative Immigrant Visas (Unlimited): These visa types are based on a close family relationship with a United States (U.S.) citizen described as an Immediate Relative (IR). The number of immigrants in these categories is not limited each fiscal year. Immediate relative visa types include:

·                          IR-1: Spouse of a U.S. Citizen

·                          IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen

·                          IR-3: Orphan adopted abroad by a U.S. Citizen

·                          IR-4: Orphan to be adopted in the U.S. by a U.S. citizen

·                          IR-5: Parent of a U.S. Citizen who is at least 21 years old

Family Preference Immigrant Visas (Limited): These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category.  The family preference categories are:

·                          Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any. (23,400)

·                          Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)

·                          Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children. (23,400)

·                          Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age. (65,000)

Note: Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration.