2007 Diversity Immigrant
Visa Lottery

The State Department has released instructions for the 2007 Diversity Immigrant Visa Program (DV-2007), also known as the Green Card Lottery. The Diversity Program provides a means for foreign nationals to become permanent residents of the U.S. (acquire green cards) regardless of whether they have a family member or an employer willing to sponsor them. The State Department has made 50,000 permanent resident visas available to persons meeting the simple, but strict, eligibility requirements.

Visas are apportioned to foreign nationals hailing from the following six regions: Africa; Asia; Europe; North America; Oceania; and South America, Central America and the Caribbean. Natives of the following countries are NOT eligible because each country has sent more than 50,000 immigrants to the U.S. in the past five years: Canada, China (mainland-born), Colombia, the Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, Poland, Russia, 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.

To qualify as a diversity immigrant from one of these six regions, a foreign national must claim nativity in an eligible country and meet the education requirement of the DV program. Nativity is most often determined by the applicant’s place of birth; however, an applicant may be able to claim the place of birth of a spouse or a parent to meet the guidelines under certain circumstances. To fulfill the education/training provisions, an applicant must have either a high school education or its equivalent, or two years of work experience in the last five years in a job that requires at least two years of training or experience.

There is no printed form for this application and no fee. The Department of State will only accept completed Electronic Diversity Visa Entry Forms (EDV Entry form) submitted electronically at www.dvlottery.state.gov during the registration period beginning at Noon EST (GMT-5) October 5, 2005 and ending at Noon EST (GMT-5) on December 4, 2005. Applicants must submit a recent digital photo adhering to the compositional and technical specifications listed on the website. The applicant will be asked to submit the following information on the EDV entry form:

1. The Applicant’s full name (last, first, middle)
2. Date of birth (day, month, year)
3. Gender (male or female)
4. City/Town of birth
5. Country of birth
6. Applicant photograph
7. Complete current mailing address
8. Phone number (optional)
9. E-mail address (optional)
10. Country of eligibility if the applicant’s native country is different from country of birth (if the applicant is claiming nativity in a country other than his/her place of birth, this information must be indicated on the entry)
11. Marital Status
12. Number of children that are unmarried and under 21 years of age (except children that are either U.S. legal permanent residents or American citizens)
13. Spouse information (name, date of birth, gender, city/town of birth, country of birth, photograph)
14. Children information (name, date of birth, gender, city/town of birth, country of birth, photograph)

Applicants will receive a notice of receipt containing their name, date of birth, country of chargeability, and a time/date stamp when information has been properly registered on the website. The State Department recommends that applicants enter the lottery as early in the registration period as possible.

Note regarding children: Entries must include the name, date and place of birth of the applicant’s spouse and all natural children, as well as all legally-adopted and stepchildren, who are unmarried and under the age of 21 at the time of entry (except children who are already U.S. citizens or Legal Permanent Residents), even if you are no longer legally married to the child’s parent, and even if the spouse or child does not currently reside with you and/or will not immigrate with you. Note that married children and children 21 years or older will not qualify for the diversity visa. Failure to list all children will result in your disqualification for the visa.

Anyone filing more than one application will be ineligible to receive a green card through the lottery even if he or she wins a number. Family members or spouses may file separate applications. Applicants do not need to be physically present in the U.S. to apply.

Applicants will be selected at random by computer from among all qualified entries. In recent years as many as seven million people per year have filed applications. Those selected will be notified by mail between May and July 2006 and will be provided with further instructions, including information on fees connected with immigration to the U.S. Persons not selected will not receive any notification. Winning a number in the lottery is only the first step towards getting a green card. A person with a winning number must file an application with the U.S. Citizenship and Immigration Service or a U.S. Consulate outside of the U.S. to move towards obtaining permanent residence.

For very specific details on mailing procedures, photograph specifications, or more detailed instructions, please call an attorney at Mintz Levin or log on to the Department of State website at http://travel.state.gov/visa/immigrants/types/types_1318.html.

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If you want more information on this or any other immigration
matter, please contact your immigration attorney at
Mintz Levin or go to www.mintz.com.

Tullio Capasso
617.210.6832 TCapasso@mintz.com
William Coffman
617.348.1890 WCoffman@mintz.com
Susan Cohen
617.348.4468 SCohen@mintz.com
Lorne Fienberg
617.348.3010 LFienberg@mintz.com
Jeffrey Goldman
617.348.3025 JGoldman@mintz.com
Marisa Howe
617.348.1761 MHowe@mintz.com
Daniel Maranci
617.348.1885 DMaranci@mintz.com
Timothy Rempe
617.348.1621 TRempe@mintz.com
Reena Thadhani
617.348.3091 RThadhani@mintz.com

Copyright © 2005 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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