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Home > Immigration Basics > Diversity Visa Lottery FAQs

The Diversity Visa Lottery is only open for two months out of the year, generally in November and December.  IT IS CURRENTLY CLOSED.  Check back here for more information later in the year.  The questions below are from last year and will be updated once the DV lottery opens again.

You should not apply if:

-You are here out of status (illegally) unless you had some other legal permanent residence visa petition (family or employment based) filed before April 30, 2001.

If you have further questions relating to the lottery please call our office at 212-714-2904 and ask to speak to an attorney.  If you are having trouble with the photo requirements, read our photo requirements step-by-step instructions.

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1. Question:  What is the Diversity Visa Lottery Program?

Answer:  The Diversity Visa (DV) Lottery Program makes 55,000 legal permanent resident ("green card") visas available each year to nationals of countries which the U.S. considers to be under-represented in U.S. immigration. Anyone who is not from an excluded country can apply, whether they are currently residing outside the U.S. or inside the U.S. (but see questions 5 and 6 below.)

2. Question:  What countries are excluded from this year’s DV lottery?

Answer:  For DV-2011, natives of the following countries are not eligible to apply because they sent a total of more than 50,000 immigrants to the U.S. over the period of the previous five years: BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, PHILIPPINES,  POLAND, 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. If you are a "native" of any of these countries, you cannot apply for the diversity visa lottery. Generally, a person is considered a "native" of the country in which he or she was born. There are some exceptions to this rule, so if you are not certain if you qualify, you should contact an attorney.

3. Question:  What are the requirements to qualify?

Answer:  To qualify, an applicant must come from an eligible country, have either a high school diploma, or two years of work experience within the last five years in an occupation that requires at least two years of training and be otherwise admissible.

4. Question:  Can I apply even if I’m in the U.S. without legal status ("undocumented")?

Answer:  Under current law, a person who is in the U.S. without legal status who wins the DV lottery will not be permitted to apply for their residence from within the U.S. ("adjust status") unless they had some other legal permanent residence visa petition (family or employment based) filed before April 30, 2001. The DV lottery program is not an amnesty program.  If you are undocumented and you receive a notice from DOS that you have won the DV lottery, the notice will instruct you to return to your country for processing. If you follow these instructions and leave the U.S., you will almost certainly not be allowed to return to the U.S. Under current immigration law, anyone who has been in the U.S. without legal status for more than 180 days will be prohibited from returning to the U.S. for three years if he or she leaves. Anyone who has been in the U.S. without legal status for more than one year will be prohibited from returning for ten years if he or she leaves.

5. Question:  So, if I’m in the U.S. and undocumented should I apply?

Answer:  Probably not. There is a much greater risk for undocumented people to apply now that information is gathered electronically than there was in the past when the lottery was done through paper submissions.  DOS has said that they will use this information as part of its fight against terrorism, it’s not clear whether the information will be used against undocumented immigrants.

While there is always hope that the law will change and people without lawful status will be permitted to adjust status from within the U.S., the risk of the information being used against an undocumented applicant seems greater than the likelihood that a successful undocumented immigrant could apply to adjust their status to legal permanent resident. If you are undocumented in the U.S. and thinking about applying for the DV lottery, you should consult with an experienced immigration attorney first.

6.  Question:  I’m HIV positive. Can I apply?

Answer.  Yes.  Being HIV-positive is no longer a ground of inadmissibility.

7. Question:  How will I know if I won?

Answer:  A government computer will select at random individuals from among all qualified entries. They will be notified by mail and will be provided further instructions, including information on fees connected with immigration to the U.S. Those individuals NOT selected will NOT receive any notification.  Applicants may also check the status of their lottery entry online at the DOS website to determine whether or not they have been selected.  Please note that the DOS does NOT notify winners by email. 

8. Question:  How do I apply?

Answer:  Again this year The Department of State will only accept applications that are electronically filed at http://www.dvlottery.state.gov along with digital photographs. Applicants are strongly encouraged not to wait until the last week of the registration period to enter.

9. Question:  How much does the application cost?

Answer:  There is no fee at the time the electronic application is filled out.  Please note that the U.S. Government employs no outside consultants or private services to operate the DV program.

10. Question:  When is the registration period?

Answer:  Entries for the DV-2011 Diversity Visa lottery must be submitted electronically between 12:00PM EDT  on October 2, 2009 and 12:00PM EST on November 30, 2009.
11. Question:  Can I submit more than one application?

Answer:  No.  Anyone who submits more than one application will be disqualified automatically.

12. Question:   Should I hire a representative, pay a fee or use an online service to file for the DV lottery?

Answer:  Probably not. Most websites or services that offer to help applicants fill out their DV lottery application are not reputable and are not necessary.  The online DV lottery application is very simple, and requires no fee.  However, there are some reputable non-profit organizations who assist people who would not otherwise have access to computers to file their applications.  These services should be free or very low cost.

13:  Question:  I'm having problems getting my photo to meet the specifications, what should I do?

If you are having trouble with the photo requirements, read our photo requirements step-by-step instructions.

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