Diversity Lottery 2013 - Page 3

IamAman · 10-14-2011, 10:32 PM

Quote:

Originally Posted by Diplok

You guys ask such obvious questions.

Yes, I am from a country that qualifies (Venezuela)

AND

Yes, I am under 245i.

I wouldn't have participated and put myself at risk for deportation if I wasn't under 245i.

How can you be under 245i if the law was phased out in 1998? My understanding of the law is that you are grandfathered in IF you qualified for a green card before 1998. If you win the lotto in 2012, it won't help you.

I asked my lawyer if i could use the lotto too and he told me I couldn't so you may want to talk to a lawyer with the specifics of your case. Either way I'll probably enter this too...Not like I'm going to win. Usually the only people who win are some guy from a village in Durkadurkastan who doesn't speak a word of English and really doesn't like living here.

Ianus · 10-15-2011, 03:06 AM

^You might be right after reading the sections at USCIS.It makes me wonder what good is 245i anymore if you can't use it even for DV lottery adjustment !!!!

Grandfathering benefits under 245i,I believe,were meant to allow someone to adjust status on US soil by excusing unlawful presence........but having read more into it they are basically stating that the immigration bars under 245(a) & (c) are given more priority to block the undocumented and USCIS from allocating DV visas on US soil unless you have been here legally the entire time,nullifying any potential benefit through 245i.

Quote:

(h) Diversity Immigrant Visa cases .

Section 201(e) of the Immigration and Nationality Act provides a maximum of up to 55,000 diversity visas (DV) each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the U.S. [NOTE: The Nicaraguan Adjustment and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for us e under section 203 of the NACARA program. (Section 203 is a program which allows natives of El Salvador and Guatemala to be granted cancellation of removal.) This reduction has resulted in the annual limit being reduced to 50,000 for the foreseeable future.] DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

The Department of State makes a determination every year as to which countries and regions have been under represented in immigration to the U.S. and publishes a notification in the Federal Register regarding the DV program for the coming fiscal year. Interested persons from those regions or countries may file for the DV “lottery” in accordance with the Department of State’s instructions. Lottery winners are notified by the Department of State of their lottery rank number. The Visa Bulletin, published month ly by the Consular Affairs Office of the Department of State, details which immigrant numbers in the DV category are available to qualified applicants chargeable to all regions and eligible countries. When an allocation cut-off number is shown in the Visa Bulletin, visas are available only for applicants with DV regional lottery rank numbers below the specified allocation cut-off number. Any person seeking information on filing for the DV lottery program should be referred to the Department of State’s Kentucky Consular Center (KCC) in Williamsburg, KY where diversity visas are processed. The public inquiry phone number for the KCC is (606) 526-7500.

Most DV lottery winners immigrate through consular processing and issuance of an immigrant visa. Although a large number of persons in the U.S. (in either illegal or nonimmigrant status) apply for the DV lottery, the greater number of applicants from outside the U.S. (combined with the fact that many of those who are inside the U.S. are barred by section 245(a) or 245(c) of the Act from applying for adjustment) results in most of the workload falling on the consular posts. However, those lottery winners in the U.S. who are not subject to the bars contained in sections 245(a) and 245(c) may apply for adjustment of status.

Note
DV lottery cases are not able to overcome the 245(a) or 245(c) bars through the provisions of section 245(i) of the Act.

Entitlement to adjustment of status under the DV program lasts only through the end of the fiscal year (September 30) for which the applicant is selected in the lottery. (For example, the year of entitlement for all applicants registered for the DV-2001 program ends as of September 30, 2001, and DV adjustments may not be granted to DV-2001 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2001 principals are only entitled to derivative DV status until September 30, 2001.) For that reason, it is extremely important that every office carefully monitor its DV adjustment caseload and take appropriate steps to ensure that (to the extent possible) all adjustment applications filed by DV lottery winners and their dependents are adjudicated no later than September 30.

Basically,if you want to adjust status you can't do it through DV.You can only do so through the Employment,Family or Special based categories if under 245i !!!!

Sorry guys,wouldn't have mentioned this if I had known this bs.

IamAman · 10-15-2011, 10:23 AM

Quote:

Originally Posted by Ianus

Basically,if you want to adjust status you can't do it through DV.You can only do so through the Employment,Family or Special based categories if under 245i !!!!

Sorry guys,wouldn't have mentioned this if I had known this bs.

I didn't even read that part, but it does clear up what my lawyer was telling me. Basically, I am grandfathered in to allow me to ASK to readjust my status through a family or work sponsorship (neither of which will happen any time soon thanks to the retrogression of the family sponsorships by 2 years), but I was curious why I couldn't do the same if I won the lotto and that pretty much explains it.

lol it seems like lately it's one punch in the gut after another.

Ready_to_serve · 10-15-2011, 04:18 PM

Not true, If you are covered under 245i , you are indeed able to adjust with DV. What they meant is adjustment under DV before 2001 doesnt qualify you for 245i.

TAKEaPillChill · 10-15-2011, 06:09 PM

Quote:

Originally Posted by Ianus

^You might be right after reading the sections at USCIS.It makes me wonder what good is 245i anymore if you can't use it even for DV lottery adjustment !!!!

Grandfathering benefits under 245i,I believe,were meant to allow someone to adjust status on US soil by excusing unlawful presence........but having read more into it they are basically stating that the immigration bars under 245(a) & (c) are given more priority to block the undocumented and USCIS from allocating DV visas on US soil unless you have been here legally the entire time,nullifying any potential benefit through 245i.

Basically,if you want to adjust status you can't do it through DV.You can only do so through the Employment,Family or Special based categories if under 245i !!!!

Sorry guys,wouldn't have mentioned this if I had known this bs.

This must be some sort of misunderstanding. I know that USCIS has a FAQ on 245i, that clearly gives an example of someone winning the diversity lotto as a way of utilizing 245i. I will try to find that link somewhere.

But this is a transcript from the Federal Register on Shusterman's site. If you read into this transcript, it says:

For example, if an alien is properly grandfathered as the
beneficiary of a qualifying visa petition or qualifying application
that was filed on or before April 30, 2001, the alien would also be
eligible to adjust status under Section 245(i) if he or she later won a
diversity visa.

http://shusterman.com/section245iregulations.html

Ianus · 10-15-2011, 08:23 PM

Quote:

Originally Posted by Ready_to_serve

Not true, If you are covered under 245i , you are indeed able to adjust with DV. What they meant is adjustment under DV before 2001 doesnt qualify you for 245i.

It could be,the code of regulations does say:

Quote:

(h) Asylum or diversity immigrant visa applications. An asylum application, diversity visa lottery application, or diversity visa lottery-winning letter does not serve to grandfather the alien for purposes of section 245(i) of the Act. However, an otherwise grandfathered alien may use winning a diversity visa as a basis for adjustment.

Diplok · 10-16-2011, 11:27 AM

You can indeed adjust under 245i. I am going through the process now as we speak. So far so good.

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Diversity Lottery 2013 - Page 3