Rules abound in immigration lottery

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How does the immigration lottery work? Who is eligible? What countries are

allowed to apply? How does a person apply? What happens if someone applies and

doesn't get selected? Would applying put them at a greater risk of being

deported? Does being here on an expired tourist visa exclude someone from

applying?

Current U.S. immigration law allows 50,000 people from countries with "low

immigration rates" to be granted permanent resident diversity visas to live in

the United States with spouses and unmarried children under 21, said Joyce Sa,

projects director with the Hebrew Immigrant Aid Society in Manhattan. Selection

for a visa is through an annual lottery administered by the U.S. State

Department.

Lottery participants must register under strict rules during a period,

which is usually in the autumn, Sa said. After the close of the registration

period, potential winners - about 80,000 - are selected at random by computer

and are notified by mail. However, receiving a notice is no guarantee of a

visa, Sa warned. After being selected, a person must be found eligible for a

permanent resident visa and the person must be among the first 50,000 persons

who apply for a visa and qualify.

People who are native to countries with low immigration rates to the United

States are eligible to apply, Sa said. Native usually refers to the country in

which one was born.

Natives of nearly all countries may apply, according to Sa. Every year, the

State Department announces the list of ineligible countries, usually about a

dozen that are considered to have high immigration rates to the United States.

The State Department announces ineligible countries in rules that are posted at

www.

travel.state.gov, usually by early autumn each year.

To participate, applicants must follow the State Department rules, Sa said.

The rules tend to change from year to year. Last autumn, the State Department

permanently switched from a mail-in lottery registration system to electronic

registration. The lottery application and all required photos must now be

submitted electronically, making it more difficult for some people to apply, Sa

explained. Applications may be submitted from anywhere in the world.

Although applicants must reveal their identities by providing names, dates

and countries of birth, and photos, they are not required to put the address

where they live, Sa explained. They can use any mailing address they choose. If

an applicant is illegally in the United States and uses the actual address,

there is nothing to preclude U.S. officials from apprehending them as

undocumented immigrants.

People who are illegally in the United States may not be able to qualify

for a diversity visa because, as a general rule, if they have been in the

United States illegally for even one day or have overstayed their temporary

visa for even one day, they are deportable and therefore cannot apply for

permanent residency, Sa said. Also, if people illegally in the United States

for more than 180 days return to their home country to apply for a permanent

resident visa, they may be barred from returning to the United States for

several years even if they are selected for the visa.

However, U.S. immigration law is complex, and no two cases are alike. There

are many exceptions and possible waivers depending on the circumstances of a

specific case, Sa said. People illegally in the United States should consult a

reputable immigration practitioner to find out about their options.