The U.S. Citizenship and Immigration Services (USCIS) has released new policy guidance for noncitizens who are beneficiaries of the Diversity Immigrant Visa (DV) Program and are seeking to adjust their status to lawful permanent residents within the United States.
The DV Program, established by Congress, aims to diversify the immigrant population in the United States by selecting applicants from countries with historically low rates of immigration to the U.S. The program allows for up to 50,000 immigrant visas to be made available annually through a random selection process.
The updated policy guidance is now consolidated in Volume 7, Part G of the USCIS Policy Manual, which is effective immediately and applies to all applications that are pending or will be filed on or after the publication date. This move is part of USCIS’s initiative to streamline its immigration policies by transferring existing guidelines from the Adjudicator’s Field Manual and various policy memoranda into the Policy Manual, thereby ensuring that the guidance is current and removes any outdated information.
Key highlights of the updated policy include detailed guidance on eligibility requirements, adjustment bars, admissibility, waiver requirements, necessary evidence, and the adjudication process for DV-based adjustment applications. Additionally, it provides clarification on visa availability, the process of advance notification, and the allocation of visas based on assigned DV rank numbers. The guidance also includes information on considerations for derivatives of DV Program applicants and the relevance of the Child Status Protection Act provisions.
The new Part G (Diversity Immigrant-Based Adjustment) in the Policy Manual aims to provide clear and comprehensive guidance for DV beneficiaries. While this update does not intend to alter existing policies or create new ones, it does supersede previous chapters and related policy memoranda, making the Policy Manual the authoritative source for DV-based adjustment of status.
To adjust their status as a Diversity Immigrant Visa (DV) program selectee, applicants must submit various documents. This includes the application form (Form I-485) with the fee, proof of selection and processing fee payment, evidence of meeting education or work experience requirements, photos, identity document, birth certificate, and passport information. Additionally, documentation of lawful status since arrival and any waivers or exemptions needed are required. Medical examination results, police records, and proof of J visa compliance (if applicable) might also be necessary. While an affidavit of support isn’t required, officers will still assess the likelihood of becoming a public charge. Spouses and children applying with the principal applicant will need additional documentation proving their relationship and inclusion in the DV entry.
To get a Green Card through the Diversity Visa Program, winners must meet eligibility requirements and file an application by the end of the fiscal year they were selected (September 30th). USCIS interviews most applicants and approves applications only if a visa number is available. There’s no appeal for denials, but applicants can try to reopen their case if there are still visas left for that year.
An applicant seeking a Green Card through the Diversity Visa Program must meet several requirements. First, the applicant needs to properly file the application form (Form I-485). The applicant must have already been legally inspected and entered the United States. Additionally, the applicant must be physically present in the country when they apply and have been chosen as a winner in the DV Program. On top of that, a visa number needs to be available for the applicant both when they initially apply and when their application is reviewed for a final decision. The applicant also cannot have any legal reasons barring them from adjusting their status and must be admissible to the US for permanent residence. Finally, a USCIS officer must decide the applicant merits being granted a Green Card.
If a selectee dies before they adjust status, the spouse and any children of the deceased selectee are not eligible to adjust status. The Immigration and Nationality Act (INA) provides protections for some applicants who are surviving family members of deceased petitioners or principal beneficiaries of visa petitions, but these protections do not apply to DV adjustment of status cases.
Susan Shrestha
View More PostsSusan Shrestha covers a wide range of topics, from local matters to global affairs.
