DV-99 Happy Story in Miami
Please let me explain what is it "U.S. Diversity
Immigrant Visa" (a.k.a. Green Card Lottery).
I quote U.S. Department of State "Visa Bulletin"
"B. DIVERSITY IMMIGRANT (DV) CATEGORY
Section 203(c) of the Immigration and Nationality Act provides 55,000 immigrant
visas each fiscal year to permit immigration opportunities for persons from
countries other than the principal sources of current immigration to the United
States.
DV visas are divided among six geographic regions. Not more than 3,850 visas
(7% of the 55,000 visa limit) may be provided to immigrants from any one country."
"Entitlement to immigrant status in the DV category lasts only through
the end of the fiscal (visa) year for which the applicant is selected in the
lottery.
The year of entitlement for all applicants registered for the DV-99 program
ends as of September 30, 1999.
DV visas may not be issued to DV-99 applicants after that date. Similarly, spouses
and children accompanying or following to join DV-99 principals are only entitled
to derivative DV status until September 30, 1999.
DV visa availability through the very end of FY-1999 cannot be taken for granted.
Numbers could be exhausted prior to September 30. Once all numbers provided
by law for the DV-99 program have been used, no further issuances will be possible."
If you want to read more information about Diversity Program then go to foia.state.gov and make search by keywords "Diversity Immigrant Visa".
Our DV-99 (U.S. Green Card Lottery for 1999 fiscal
year - between October 1st, 1998 and September 30, 1999) story happened in Miami,
Florida, between June 1998 and December 1999.
April 28, 1998:
I'm working in the USA with H-1B visa. Today, my wife received a notification
letter from U.S. Department of State.
Her case number was 99-EU-19xxx for Lithuania.
Letter 1. CONGRATULATIONS!
You are among those randomly selected and registered for further consideration
in the DV immigrant visa program.
Selection does NOT guarantee that you will receive a visa because the
number of entrants selected is greater than the number of visas available.
IMPORTANT BASIC DV REQUIREMENTS: The law creating the Diversity Visa
Lottery Program states that you must have EITHER a high school education, normally
consisting of 12 years of full time education, OR two years of work experience.
If you are qualifying with work experience, you must have two years of experience
in the last five years in an occupation which (by U.S. Department of Labor definitions)
requires at least two years of training or experience. Either will make you
eligible to apply for a DV visa.
If you cannot meet one of these requirements, you CANNOT be issued a visa.
You and only you must meet this requirement. Your spouse and children do NOT
have to meet this requirement.
DO NOT CONTINUE WITH THIS APPLICATION IF YOU DO NOT MEET THE EDUCATION OR WORK
EXPERIENCE REQUIREMENT.
Other requirments for the DV visa are the same as those for other immigrant
visas. This is why, for example, at the time of your visa interview, officers
evaluate medical exam results, financial evidence, and police certificates so
you must bring the original and ONE COPY of these documents to your interview.
If you do NOT have all the required original documents, your visa will not be
issued.
THE DECISION ABOUT WHETHER YOU MEET ALL THE REQUIREMENTS WILL BE MADE AT THE
TIME OF YOUR VISA INTERVIEW.
First, complete the enclosed forms: Supplemental Registration Form (DSP-1 22)
- Principal Applicant Biographic Date Sheet (Form OF-230 Part 1) - For all family
members traveling Sworn Statement (OF-230 Part 11, Do NOT sign this form) -
For all family members traveling NEXT, using the return address label, send
all the completed forms for yourself and family members accompanying you to:
NATIONAL VISA CENTER (NVC)
32 Rochester Avenue Portsmouth, New Hampshire, 03801-2909, USA
Letter 2. ADJUSTMENTS OF STATUS
IF YOU ARE IN THE UNITED STATES, you may apply to the Immigration and Naturalization
Service (INS) for adjustment of status.
IT IS NOT NECESSARY TO RETURN COMPLETED FORMS TO NVC.
Take this packet of documents to your local INS office to apply for adjustment
of status.
INS will provide instructions on how to proceed. It will NOT be necessary for
you to contact the NVC for any further instructions if you apply to adjust status
in the United States, and the NVC will NOT contact you again.
YOU MUST ADVISE INS OF ANY IMMEDIATE FAMILY MEMBERS RESIDING ABROAD WHO WISH
TO APPLY FOR THEIR IMMIGRANT VISAS AT A U.S. EMBASSY OR CONSULATE.
One final note: This letter only concerns processing for the DV visa.
If you are also registered under another immigrant category, you should
continue to process the other visa case using the instructions sent to you separately
under that visa category.
June 17, 1998:
We (my wife, daughter and me) decided to file I-485 form to US Immigration and
Naturalization Service (now, this Federal agency is U.S. Citizenship and Immigration
Service, the part of U.S. Department of Homeland Security). That procedure is
called AOS - Adjustment of Status.
We did not hire an immigration attorney.
September 22, 1998:
Sent a personal check amount of $225 ($75 for each person) to U.S. Department
of State.
Without this payment our three immigrant visas would not be issued.
December 18, 1998:
We sent a package with our three I-485 forms to Miami, Florida INS office by
certified mail.
(2 adults + 1 child) with $650 money order ($220 + $220 + $160 I-485 fees, and
$50 for fingerprinting of two adults).
The I-485 Package returned.
The reason: our DV-case number is not current.
April 14, 1999:
Visa Bulletin announced, that our DV-case number 99-EU-19xxx must become current
in June 1999.
April 26, 1999: INS ADVISES ON ACCEPTANCE OF DV ADJUSTMENT OF STATUS
The following January 19, 1999 Immigration and Naturalization Service (INS) memorandum advises all offices that applications for adjustment of status filed under the Diversity Immigrant program may be accepted for processing any time during the 90-day period preceding the cut-off date provided in the Visa Bulletin:
This memorandum is being issued in order to ensure uniform processing of applications for adjustment status under the Diversity Program (DV) category.
Section 245 of the Immigration and Nationality Act (the Act) requires that an application for adjustment of status may not be filed until a visa number is currently available. Recently, the Department of State issued a memorandum advising the Immigration and Naturalization Service that each month it would provide the cut-off numbers for the DV category 90 days in advance. This advance notice is being provided to allow the INS additional time to process the background checks for DV applicants.
All offices are hereby advised that applications for adjustment of status filed under the Diversity Immigrant program may be accepted for processing any time during the 90-day period preceding the cut-off date provided in the Visa Bulletin. Offices are advised, however, that while the applications may be accepted for the processing of background checks and scheduling for interviews, visa numbers will not be issued until the cut-off date is current. May 26, 1999: June 1st, 1999: July 13, 1999: July 20-30, 1999: August 2-4, 1999: August 3, 1999. August 9, 1999 August 26, 1999. September 8, 1999. September 16, 1999 "The Department
of State has reported that the 55,000 diversity lottery visas have been issued.
A memo was forwarded to INS district offices last night (September 13th) informing
them that the 55,000 number had been reached. DOS advised INS to continue to
process DV cases and report cases to DOS to be placed on a waiting list. If
any visas are recaptured, they will be issued in to those in the waiting list,
but it seems unlikely that visas will be recaptured. There were several thousand
visas remaining at the end of DV 98 and the DOS did not want unissued visas
remaining at the end of DV 99. To this end, DOS adjusted the allocation cut
off numbers causing the 55,000 visas to be issued before September 30, 1999,
the last day of the Fiscal Year and the last day to receive benefit from DV-99
registration. [Note: NACARA stipulates that beginning with DV-99 5,000 of the
55,000 diversity visas will be used under the NACARA program]."
December 16, 1999. Updated: March 21, 2005
We applied our DV-99 based I-485 forms again, because we read in Usenet newsgroups
about INS Memo, which allowed early DV-99 filing (90 days in advance).
We received INS receipt notice which states that our DV-case will be completed
by May 18, 2000 (at that moment DV-99 program would be dead and so, we could
not get green cards based on DV-99).
I called to our INS office. INS information officer explains that our DV-99
case should be valid and after deadline Sept 30, 1999, because if we filed AOS
when our immigration visas numbers were available, then they should be available
and ever after. All my attempts to explain that lady the essence of DV lotteries
(that DV is launched for a particular fiscal year only) cause her irritation
and very low estimation of my intellect and English knowledge.
Contact with offices (immigration casework) of US Senator Bob Graham of Florida
and our US Congressman Lincoln Diaz-Ballart (you can locate your US Congresspersons
using links www.house.gov and www.senate.gov).
We got also appointment letters for fingerprinting on the INS Finger Printing
facility.
We got our fingerprints taken in INS facility (Homestead, 10 miles from Miami).
I called to the FBI office in West Virginia by phone number 304-625-5590, and
left a message on their voice mail. The next day, one very courteous FBI officer
returned the call and told, that my wife's fingerprints have been cleared on
June 26, and mine were cleared on July 8.
Reports promptly have been sent from FBI headquarter to the INS Texas Service
Center (TSC).
We received letters from the Congresspersons offices, which said:
1) Our case got Congressional Control Number (5 digits);
2) INS is ready to complete our adjudication process immediately upon receiving
our FBI clearance reports (my FingerPrints clearance report has not been received
Miami INS by July 22)
Call to U.S. Dept of State's National Visa Center (NVC) 603-334-0700 DV-99 line:
our NVC file has been transfered to Miami INS office on May 27, 1999.
We got our medical check-up done.
Doctor's medical bill included: $105 for one adult, $45 for one child. Sub-total
was $255
We needed to get shots in Miami-Dade County's Health Dept: MMR costs $35, Tetanus
costs $10. Sub-total: $90.
Our daughter already got all vaccinations for free. Total our medical bill was
$345.
We needed to take 6 photos (2 for each persons) : Nov 98 - $35, Sept 99 - $45.
US Dept of State charged us with AOS fee - $225 So our DV-99 AOS costs total
$1300 (one thousand three hundred).
I cannot calculate costs of 15 months of limbo.
By the way, we never got from INS designated doctors list for Miami INS office.
One nice girl from WWW.VISALAW.COM discussion
forum sent me some addresses from 1998 list.
Suddenly got a call from Miami INS office. One nice lady introduced herself
as our INS adjudication officer (she provided us with her name and phone number).
She asked me to bring photocopies of all basic originals (in Russian),
such as, certificates of birth, marriage , education.
I visited Miami INS office with all requested papers and our medical results
(in sealed envelopes).
That nice lady told me,that our adjudication process has been done and approved
and we must receive an approval notice within 2-3 weeks. Also, she said that
US Dept of State (Immigrant Visas Control office) sent already our Immigration
Visas numbers.
We received three letters from Miami INS office.
"August 23, 1999
We are hereby advising you that your status has been adjusted to that of a lawful
permanent resident.
This letter is not proof of your legal status in the United States.
Please appear at this office for processing of your alien registration every
applicant must appear in person.
Office location: Miami INS Office (room 240) Date: September 8, 1999. Time 8:45
AM
Please bring the following: your passport, I-94, picture identification and
employment authorization document (Form I-688B) or any form of employment authorization
that you may have.
Noone will be admitted more than 15 minutes before the scheduled appointment
time.
If you arrive late you may have to be rescheduled.
This appointment is mandatory for the processing of your alien registration
card.
Please bring two identical photos."
Came 15 minutes before appointment time.
After 2 hours waiting have again taken our fingerprints, signatures.
At this time,an immigration officer was not very friendly, and she requested
from my wife her Florida's Picture ID (my wife never had any driver license
and brought her old Michigan's ID).
So, we got a kind of hard time. The officer took away our I-94 and wanted to
take also our EAD that we never had.
Finally, we got our passports stamped with the next text:
"Processed for I-551.
Temporary evidence of lawful admission for permanent residence.
Valid until receipt I-551. Employment authorized"
Alien # .... DV7 as of 8/9/99"
All 55,000 DV-99
visas ran out two weeks before the deadline Sept 30, 1999.
We received three plastic Green Cards - "U.S. Permanent Resident Card"
(INS form I-551), which were valid for ten years.
We visited in person Social Security Administration office, and applied for three
new Social Security Cards without printed words "Valid for work only with
INS authorization".