Month: August 2023

The Visa Lottery

Posted on by amplogin

Feeling lucky? Then you may want to take a turn at winning permanent residency in the United States through the Diversity Visa Lottery!

Each year, between 50,000 – 55,000 immigrant visas are available to natives of underrepresented countries. If you were born in a country that has sent fewer than 50,000 immigrants to the United States over the last 5 years, then you may be able to enter the lottery. The lottery opens up at the start of the new fiscal year each year (October 1) and the countries that are eligible will be listed.

If you were born in one of the listed countries (or fall into an exception that allows you to utilize the birthplace of your spouse or parent), you will qualify to enter the lottery so long as you meet the necessary education or experience requirements. To satisfy the education/experience requirement, you must either have a high school diploma, or, you must have at least 2 years of experience during the last 5 years in a job or trade that normally requires at least 2 years of experience. Not sure if you have the necessary experience? You can search it on the O*Net online library. See also the Department of State’s website for additional information on proving your qualifications.

If you were born in a country that does NOT qualify for the visa lottery, you may still be eligible if your spouse was born in an eligible country, or, if neither of your parents were born in your country of birth and they were also not residents of that country at the time of your birth. In those situations, you may claim the country of either your spouse or your parent(s) for purposes of eligibility.

If you’re selected in the lottery, your spouse and children (unmarried and under 21 years old) may also apply for immigrant visas along with you. Even if your spouse or children do not plan to come to the United States, make sure you list all of them in your application. If you want to increase your odds of winning, you can each submit an individual application. The Department of States clarifies in its FAQ that spouses may each submit a separate entry, ultimately utilizing the entry of the winning spouse. But make sure that you only submit one entry for yourself. If you submit more than one for yourself, you will be disqualified.

Most applicants for this process are out of the country, but you can also apply if you’re in the United States. Remember that normal grounds of inadmissibility do apply so if you’re in the United States but in violation of immigration laws, then you may not be admissible to the United States. The waivers that normally apply to immigrant visas are available for this process, as well. One potential problem in relying upon a waiver is the timing. Waivers can take a really long time to get, and this diversity visa process is quick and fast with a hard out deadline.

The 50,000 visas that are authorized for each fiscal year must be used during that fiscal year. So, for example, if you’re selected for the 2025 fiscal year visa lottery, you must complete the process and receive your immigrant visa between October 1, 2024 and September 30, 2025. No exceptions.

Generally speaking, the new lottery opens up each year in the first week of October. The lottery that opens up will be for the following fiscal year, not for the fiscal year that just started. Meaning that, if you apply for the diversity visa lottery on October 5, 2023 (which is the first week of the 2024 fiscal year), you are applying for the 2025 fiscal year lottery. Let’s look at the timing for the 2024 fiscal year to break down an approximate timeframe for how things might look if you are interested in applying for the visa lottery:

  • October 5, 2022 – November 8, 2022: Registration period opened for 2024 fiscal year. If you want to enter the lottery, you must register online during this time period.
  • May 6, 2023 (until at least September 30, 2024): Persons selected in the lottery begin to be announced. To find out if your entry was selected, you will search it online, and you MUST know your confirmation number, name, and year of birth. If you are selected, you must follow the instructions provided for how to proceed, which includes filing a DS-260 application (or, if you’re in the United States, an I-485 application).
  • October 1, 2023: Visas may be issued for 2024 fiscal year lottery winners. Once the new fiscal year begins, visas can begin to be issued until such time as all available visas are used, or the end of the fiscal year is reached, whichever comes first.
  • September 30, 2024: Last day for visas to be issued for the 2024 fiscal year lottery winners.

Most lotteries cost money to enter. But, this one, is FREE! Unless, of course, you count the time it takes to get the application and documents together and the fees it will later cost if you’re actually selected during the lottery and move forward in the process.

To give you an idea of just how popular this lottery is, there were 22,185,619 qualified entries for the 2024 fiscal year. With a maximum of 55,000 available visas, this means there is less than 0.25% chance of being selected. But, somebody has to win! And if you want to come live in the United States and don’t have another way to do it, this sure seems worth a shot!

Sources:
Last Updated: 9.10.2023 (*Note That Immigration Rules, Regulations, And Practices Change Frequently. Make Sure To Check For Updated Information Since The Posting Of This Article.)

Family Reunification Parole

Posted on by amplogin

Family Reunification Parole – or FRP – is a process to benefit nationals of Cuba, Haiti, Guatemala, Colombia, El Salvador, and Honduras, who have a pending I-130 petition for alien relative. The process allows certain beneficiaries of an I-130 petition to come to the United States pursuant to a grant of parole, as opposed to having to wait out of the United States for the often lengthy wait times. Once the individual enters the United States pursuant to the parole document, s/he is eligible to apply for employment authorization. The parole will generally be granted for a period of up to 3 years and may be eligible for renewal.

Once an I-130 application filed by a Lawful Permanent Resident (LPR) or U.S. Citizen (USC) is approved, the Department of State’s National Visa Center (NVC) will decide to whom it will issue a letter of invitation to apply for the parole process. It will make this decision on a case-by-case basis, taking into consideration its capacity and the length of wait time left remaining before it will be possible to immigrate to the United States pursuant to the I-130 petition. Presumably, the longer the wait out of the country, the more likely it will be that an invitation for parole will be extended.

To be eligible for this parole, the petitioner of the I-130 application must reside in the United States and the beneficiaries must reside out of the United States. The principal beneficiary must be a national of either Cuba, Haiti, Guatemala, Colombia, El Salvador, or Honduras, but does not have to reside in one of those countries so long as s/he resides outside of the United States. The nationality of the derivative beneficiaries is not pertinent to their eligibility so long as the principal beneficiary can establish nationality from one of the qualifying countries. Each person intending to enter the United States pursuant to parole must have a valid, unexpired passport.

To apply for this parole, the petitioner must first receive an invitation letter that will be sent by the NVC. Make sure that the email address and mailing address that is on file with the NVC is up-to-date (use this webpage to update your information). You will have 12 months from the date of the invitation letter during which to submit Form I-134A. The invitation letter will identify the I-130 beneficiary and any derivative family members that are eligible to apply for the parole process. Once the petitioner receives the letter, the petitioner must initiate the process to bring his/her family members into the United States by filing online Form I-134A. Keep in mind that there are no age limits for principal beneficiaries, but any derivative beneficiary children must be under the age of 21 at the time the I-134A is received.

The I-134A application must be completed online; paper filings are not accepted. A separate application must be filed for each family member that intends to come to the United States, but it can all be done under one single USCIS account, listing additional family members as travel group members. No fee is required. If a new derivative beneficiary has been added since the time of the I-130 application (such as through the birth of a new child) and their name is not listed in the invitation letter, you may still file an I-134A on their behalf if you submit the necessary proof of relationship and eligibility. The I-130 petitioner must initiate the I-134A process and submit proof of financial ability to support those intending to enter the United States. If additional income or assets are necessary to prove financial ability to support, it is permissible to have additional sponsors who can combine their income and assets for financial support.

Processing times for the I-134A will vary and inquiries about a case are not currently accepted unless it has been processing for more than six (6) months. Once the I-134A is accepted and processed, USCIS will send an email to the beneficiaries with instructions about how to create an online myUSCIS account to submit biographical information and attestations. It will be necessary to undergo a medical examination and certify that all necessary vaccinations have been received. In reviewing the background of applicants, persons from Colombia, Guatemala, El Salvador, or Honduras will be disqualified if it is determined that they have an illegal entry to the US after July 10, 2023, or were interdicted at sea by the U.S. Coast Guard after July 10, 2023, or were ordered removed within the previous 5 years, or are inadmissible due to a prior removal order. These same disqualifications do not apply to Haitian or Cuban applicants, and instead will only be considered in a discretionary determination.

Once all information is completed online, the myUSCIS account will be updated with information about how to download the CBP One mobile application. Using the mobile app, the beneficiary applicant must upload more biographical data and a photo. Once complete and reviewed, Customs and Border Protection (CBP) will provide online notice to the applicant about its decision of whether or not to issue authorization to travel to the United States. Once authorization to travel is issued, the applicant will generally have a 90-day window in which to enter the United States pursuant to the grant of parole. A one-time extension of the 90-day parole period may be granted, at the discretion of CBP, but it must be submitted no more than 30 days before, and no more than 30 days after, the expiration date of the original parole period.

In order to enter the United States with the advance travel authorization, it is necessary to fly in a commercial plane to the United States and be inspected by CBP at an internal port of entry. Travelers will not be processed for this method of parole at land ports of entry but will instead be denied entry. Once you arrive to the internal port of entry, you will undergo additional screening with CBP (including fingerprint biometrics) who will make the final decision to parole you into the United States. Derivative beneficiaries will only be allowed parole into the United States once the principal beneficiary has been paroled into the United States.

Once you have been paroled into the United States, you are eligible to apply for employment authorization under category (c)(11). If you want to temporarily leave the United States, you must first obtain an Advance Parole Document by applying with Form I-131. Remember that once you enter the United States and remain for longer than 30 days, you must update your address (https://www.youtube.com/watch?v=MoObatBGRLk) with USCIS anytime you move.

If your visa number becomes current while you are lawfully in the United States pursuant to an authorized parole entry, you may be eligible to adjust your status to a Lawful Permanent Resident. Remember that any violations of your parole or an overstay of any authorized period of parole may have negative consequences for your immigration case.

Cuban And Haitian Parole

Prior to August 11, 2023, Cuban and Haitian nationals could benefit from a parole process different from that explained above, which instead utilized Form I-131 and required an in-person interview. However, as of August 11, 2023, Cuban and Haitian nationals will now use the process set forth above to apply for parole, which involves filing Form I-134A and does not require an in-person interview. If a Cuban or Haitian national already initiated the process using Form I-131, the NVC will send the applicant a letter to explain how the case will proceed.

Most parolees will not be eligible to adjust status to a lawful permanent resident, unless and until their immigrant visa number is current. However, Cuban parolees may be eligible to adjust under the Cuban Adjustment Act a year after entry.

Sources:
Last Updated: 9.10.2023 (*Note That Immigration Rules, Regulations, And Practices Change Frequently. Make Sure To Check For Updated Information Since The Posting Of This Article.)