The Diversity Visa (DV) lottery, also known as the green card lottery, is a program run by the U.S. State Department that allows people from countries with low rates of immigration to the United States to apply for a visa. Only people born in eligible countries can apply for the DV lottery, and there are strict rules about who can submit an application.
Can someone in the USA submit a DV lottery application for someone else?
The short answer is no – you cannot apply for the DV lottery on behalf of someone else if you are currently in the United States, whether you are a U.S. citizen, permanent resident, or are in the U.S. on a temporary visa. The DV lottery rules state that the person submitting the application must be applying for themselves and must meet all eligibility requirements.
There are a few key reasons why you cannot submit a DV lottery application for someone else while you are in the U.S:
- The applicant must meet all eligibility requirements – The person submitting the application must meet the requirements such as being born in an eligible country. If you apply on someone else’s behalf, you may not meet the eligibility rules.
- Entry photo requirements – The DV lottery application requires a digital photo of the applicant, not the person submitting on their behalf. This is used for identification purposes.
- Permanent residence status – The DV lottery rules require the applicant to certify they have no intent of permanently living in the U.S. If you are currently residing in the U.S., you cannot make this certification on behalf of someone else.
- Fraud prevention – The rule prevents fraudulent applications being submitted on someone else’s behalf without their knowledge or consent.
Some key exceptions are:
- U.S. citizens and permanent residents can apply for their spouse or minor children, if they were born in an eligible country.
- Eligible family members currently in the U.S. on a non-immigrant visa can include a spouse and minor children on their application.
Outside of these exceptions, the DV lottery rules are very strict that the person submitting the application must be applying for themselves and meet all eligibility requirements. Failing to follow the rules could result in a disqualified application or denial of a visa later on if selected.
Can I submit separate applications from the USA for myself and eligible family?
Yes, you can submit separate DV lottery applications for yourself and eligible family members from within the United States, provided you each meet the requirements:
- You must have been born in an eligible country for the DV lottery program.
- You must meet education or work experience requirements.
- You must have a digital photo of each applicant to upload with the applications.
- You must submit a completely separate application for each family member.
- You must use separate email addresses for each application.
The key requirement is that you must meet all eligibility rules and submit a full and complete application for each family member wishing to enter the lottery. You cannot use one application for an entire family while residing in the U.S. – it must be one person per application.
Some things to keep in mind if submitting for family:
- There is no guarantee family members will all be selected. Each application is separate.
- There is no way to transfer selection from one person to another within a family.
- You do not get “extra” chances by applying as a family – each person is limited to only one application.
So in summary, yes you can submit separate DV lottery applications on behalf of yourself and individual family members from within the U.S, but each person must be qualified and have their own application.
Can a DV lottery winner apply for spouse or children?
Yes, if someone wins the DV lottery they can later apply for a visa for an eligible spouse and unmarried children under 21 years old, even if they were not originally included on the winning lottery application.
The DV lottery selects individuals, not families, so there is no requirement for a winner to have listed family members at the time of their application. However, after being selected the winner can include a spouse and eligible children when applying for their green card, through a process called “following-to-join”.
To bring family after winning the lottery, the winner must:
- Remain eligible to receive a visa when their number becomes current.
- List qualifying family members on Form DS-260 and submit supporting documents.
- Prove the relationship is genuine, with documents like marriage records.
- Apply for and receive a visa within the DV program year of the original selection.
Any family members wishing to immigrate after selection must also meet eligibility such as medical and security screening. But the advantage is the winner can apply for a spouse and minor children even if they were not listed on the original application.
Can I apply again while waiting for current DV application?
No, you cannot apply for the DV lottery again if you already have a pending application from a previous year. U.S. immigration law prohibits submitting more than one visa petition for the same person at the same time.
Once you have submitted a DV lottery application, you have to wait and see if you are selected and can complete processing. You cannot apply again the next year while still pending. Some key rules:
- You can only submit one DV application per year.
- If you win, you are disqualified from submitting another DV application.
- If you don’t win, you can apply again the next lottery year.
There are very limited exceptions where you can technically submit multiple petitions, such as if your circumstances changed dramatically after your initial application. But in most cases, you cannot apply again until your current DV case is completely finished.
This rule against multiple applications is to prevent abuse of the program and give more people a chance if they were not selected. You must wait for the results of your current application before submitting another DV lottery entry.
Can I enter the DV lottery while on OPT or STEM OPT?
Yes, you can enter the Diversity Visa (DV) lottery while in the U.S. on OPT (Optional Practical Training) or STEM OPT as long as you meet all other eligibility requirements. Your current non-immigrant status does not prevent DV lottery entry.
The key requirements are:
- You were born in a qualifying country based on low immigration rates.
- You have a high school education or equivalent work experience.
- You have no intent on permanently living in the U.S. at this time.
As an F-1 student on OPT/STEM OPT you are still considered a non-immigrant, so you can fulfill the “no intent on immigrating” requirement for DV eligibility. Your desire to participate in the green card lottery does not mean you have immigrant intent.
If selected in the DV lottery while on OPT/STEM OPT, you would then have to decide whether to continue pursuing a green card or remain on your student visa. You cannot hold both a non-immigrant and immigrant visa at the same time. But simply applying for the DV lottery does not affect your F-1 status.
Can I still qualify if I overstayed my visa by a few months?
Overstaying your visa, even by a few months, can make you ineligible for the Diversity Visa (DV) lottery. According to the rules, you must have maintained and complied with the terms of your non-immigrant status to qualify.
Some key things to know about overstays and the DV lottery:
- Even a short overstay may disqualify you from applying.
- There are no exceptions for overstays – any amount of time renders you ineligible.
- This applies even if you later obtained a new visa or status after overstaying.
- The only option may be trying to obtain a waiver of ineligibility for the overstay.
Unfortunately, US immigration law is very strict when it comes to overstays. If you remained in the U.S. past the expiration of your visa, even by a single day, you likely cannot qualify for the green card lottery. Your only option is to consult an immigration attorney about possibly obtaining a waiver if you overstay was unintentional.
Can I apply while in the U.S. on AP as an asylum applicant?
Yes, you can apply for the Diversity Visa (DV) lottery while in the U.S. on AP (Advance Parole) as an asylum applicant. Your pending asylum case does not prevent you from entering the green card lottery.
As an asylum applicant with AP status, you are still considered a non-immigrant for DV lottery purposes. You have not yet obtained permanent resident status. So you meet the requirement to certify you have no intent on immigrating to the U.S. at this time.
The key eligibility requirements are:
- Born in an eligible country based on low admission rates
- Have a high school education
- Submit required photos
Your AP document allows you to travel outside the U.S. and return for pending asylum proceedings. It does not conflict with DV lottery eligibility or demonstrate permanent residence intent. You remain eligible for the DV lottery while your asylum case is pending.
What if I have a 10 year ban but eligible family?
If you have a 10 year ban on returning to the U.S. but have family members who are eligible for the Diversity Visa (DV) lottery, they can still apply on their own behalf despite your ban.
Some key things to know:
- Your ban only applies to you, not your eligible family members.
- Your family can submit DV applications listing you as their spouse/parent.
- But you will likely not be issued a visa due to your ban if they are selected.
- Your family can still immigrate without you through the DV lottery.
So while your own 10 year ban prevents you from applying and immigrating through the lottery, it does not extend to your otherwise eligible family. They can still apply and potentially receive DV visas, even if you remain ineligible to immigrate with them initially.
Can I still apply if my country is under sanctions?
If your country of birth is under certain sanctions by the U.S. government, you may still be eligible to apply for the Diversity Visa (DV) lottery. However, additional restrictions may apply to nationals of sanctioned countries.
Some key things to know if your country is sanctioned:
- You can still submit a DV application if born in the country.
- But if selected, you may need a waiver approved to receive a visa.
- There is risk an immigration waiver may not be granted.
- Speak to an attorney to understand your eligibility under sanctions.
So being from a sanctioned country does not necessarily disqualify you outright from the lottery. However, additional hurdles apply if selected, since sanctions generally ban immigration from those countries. An experienced immigration attorney can help navigate sanctions if you win the DV lottery.
Can I apply from Canada or Mexico?
Yes, you can apply for the Diversity Visa (DV) lottery program while residing in Canada or Mexico, as long as you meet the eligibility requirements related to country of birth and education/work experience.
Some key things to know about applying from Canada or Mexico:
- Your current country of residence does not matter for eligibility.
- Birth country must be on the eligible countries list.
- You must meet education or work experience requirements.
- You must intend to reside in the U.S. if selected.
The main factor is your country of birth, not your current country of residence. As long as you were born in an eligible country, you can apply while living in Canada, Mexico, or most other countries around the world. The exceptions are if you are in the U.S. or a handful of sanctioned countries.
Conclusion
In summary, the rules for applying for the Diversity Visa lottery generally prohibit someone already in the United States from submitting an application on behalf of another person, with limited exceptions. Each individual applicant must meet all requirements and submit their own entry. But if selected, a DV lottery winner can later apply to bring eligible family members. Understanding all the intricate rules is important for successfully participating in the green card lottery.