DV-2022 green card lottery: how not to miss a victory due to an error or change of circumstances
In just a few days - on May 8 - participants in the green card lottery (DV-2022) will be able to find out its results... Victory is, of course, a big deal, but only the beginning of the process. During the paperwork, medical examination and even an interview at the consulate, it may pop up a lot of nuances, due to which the winner will never receive a green card. They can often be the result of a mistake by the applicant himself, which could have been avoided if he had the correct information. In order to protect readers from mistakes due to lack of information, ForumDaily asked immigration lawyer Ekaterina Muratova to clarify all the controversial issues related to the green card lottery.
What to do if the winner's family composition changes
Six months pass from the moment of application submission to the announcement of the lottery winners. During this time, a lot could have happened in the applicant's life: he could divorce, marry (or both), he could have a child, or a loved one indicated in the application could have passed away.
In this case, no special action is required - the new family composition simply needs to be indicated on the DS-260 form, which each winner of the lottery fills out. For each family member - a separate form DS-260. This is an important nuance, and if you fill out one form for the whole family, then the green card will not shine for you.
However, due to the large number of scams, especially marriage, be prepared for the fact that during the interview you will be asked more questions about the new marriage, especially if it was registered after the announcement of the lottery results.
What to do if your household has changed after you filed Forms DS-260
After submitting forms DS-260, it is also possible to change the family composition. The most common options are the death of the person indicated in the application or the birth of a child. Even if the applicant at the time of filing the DS-260 form knows about the imminent birth of the child, he cannot indicate this in the documents in any way, because the existence of the baby at that time has not yet been confirmed in any way, and he will still need a visa to the United States after birth.
On the subject: Why and how to come up with a lottery with green cards
How to proceed in this case? All changes / additions can be made up to the interview at the embassy. That is, if the child appeared after the applicant filled out the DS-260 form for himself, it is necessary to fill out the same form for the newly born child at any time before the date of the interview.
If the child appeared after receiving an immigrant visa by the applicant himself, but before entering the United States (that is, it is not possible to give birth in the United States for the child to become a US citizen by birth), there is a facilitated process of family reunification, which is called follow-to-join... After obtaining permanent resident status in the United States, the parent submits Form I-824 (Application for Action on an Approved Application or Petition) for the child. This process is easier and faster. The approval of this petition will allow the child to obtain a visa to the United States and to be reunited with the parent.
The applicant has a criminal record or a criminal case has been opened against him
An applicant may be denied a visa if the consul determines that he may pose a danger to residents and / or property in the United States.
“It all depends on the severity of the crime or charge. The opening of a criminal case in itself is not a decisive factor without the availability of additional information that indicates the undesirability of the subject in the country, and a criminal record - yes. there is a number of categories of crimesaccused of which are considered unacceptable in the United States. The consul is obliged to refuse them an immigration visa, ”Muratova explained.
List of crimes leading to the denial of an American visa - here.
Challenges for Russian winners
U.S. Embassy Moscow from May 12 stop processing applications for nonimmigrant visas, and immigration will be issued only in emergencies, that is, not to winners of the green card lottery.
Thus, the Russians who won the lottery will have to go to neighboring countries for visas. This greatly complicates the situation: firstly, you need to be sure that you have taken all the documents with you and prepared their translations (you will not be able to return home and convey something); secondly, you will also have to undergo a medical examination in the country where you applied for a visa; and thirdly, while waiting for a visa, you will hand over your passport to the embassy, that is, you will not be able to return back to Russia until the decision on the visa is made.
In addition, it is necessary to choose the embassy where the interview will take place in the language that the applicant speaks, or the applicant is obliged to arrange the accompaniment of an interpreter himself. Also, if the applicant requires a visa to visit this third country (for example, the Schengen countries), this must be taken care of in advance, and not after the appointment of an interview at the American embassy.
How can Russians get nonimmigrant visas in another country
ForumDaily decided to take advantage of the situation and ask Ekaterina Muratova a couple of questions about obtaining nonimmigrant visas for Russians. After all, soon the embassy in Russia will stop issuing them, and those wishing to come to the United States ask themselves the question: how should they be and where to go for a visa?
The nuances of applying for a US nonimmigrant visa outside of your home country:
- Make a list of countries where you can enter without a visa in order to visit the American consulate.
- Make sure that you have a visa in advance for the countries where it is required to enter.
- Preparing and applying for an American visa outside your home country will require additional planning, as well as time and material costs. You also need to be prepared for this.
- Find out in advance what language the interview will be in. If the applicant does not speak this language, he must arrange an interpreter.
- Prepare the documents - everything must be accompanied by a certified English translation.
- The rules for filing documents, their list, as well as the conditions for passing the interview may differ between the US embassies in different countries. You must familiarize yourself with these requirements in advance on the website of the embassy to which you are going to apply.
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