How to Adjust Status (Greencard) as a DV1 Recipient
Understand the DV1 Visa Category:
The Diversity Visa (DV) program is also known as the green card lottery. The DV program allows individuals from countries with historically low rates of immigration to the United States to apply for a chance to obtain a green card. If you are the DV1 visa recipient, you can adjust your status to become a lawful permanent resident (LPR) of the United States.
Check Your Eligibility:
To apply for adjustment of status through the DV1 visa category, you must be physically present in the United States and meet certain eligibility requirements. You must have been lawfully admitted to the United States under the DV program, be eligible to receive an immigrant visa, and not be inadmissible to the United States.
Notify KVC of Your Intent to Adjust:
Before filing Form I-485, you must notify the Kentucky Consular Center (KCC) of your intent to adjust status. You notify them by paying an “AOS Fee”
Adjustment of Status - Fee payment
When Paying Adjustment of Status Fees Include:
All information completed below.
A cashier’s check or postal money order for the correct Diversity Visa Lottery fee amount, with the DV case number noted on the cashier’s check or money order. You, the selectee in the United States, must pay the diversity visa fee for yourself and for each member of your immediate family also in the United States who plans to adjust status with you here.
A self-addressed stamped envelope.
U.S. Department of State
Diversity Visa Program
P.O. Box 979079
St. Louis, Missouri 63197-9000
DV Program Case Number: _____________________________________
Selectee Surname _____________________________________________
Selectee Given Name __________________________________________
Address ______________________________________________________
City: State: Zip Code: __________________________________________
Payment for ____________ persons adjusting status in the U.S. (Number of Persons)
Total Amount enclosed ____________________ (Fee amount times the number of persons adjusting status in the U.S.)
3. When can you Apply?
When applying for adjustment of status through the DV1 visa category, you will be assigned a unique case number by the Kentucky Consular Center (KCC). This case number is used to identify your case throughout the immigration process, and it is important that you keep track of it. Your DV case number is composed of four parts, separated by slashes, with the last part being the year in which your case was selected. For example, if your case number is 2023DV00001234, then 1234 is your DV case number.
You then need to check the Visa Bulletin (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html). Scroll down to the DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF MAY and see what number is eligible for each category. When your number is lower than the number listed in your category, you can file your I-485. If it says “C”, then everyone can file.
File Form I-485:
After notifying the KCC and paying the processing fee, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, with the United States Citizenship and Immigration Services (USCIS). You must pay the filing fee and submit supporting documents, such as a copy of your passport, I-94 arrival/departure record, and other necessary evidence.
Submit Biometrics:
After submitting Form I-485, USCIS will notify you to schedule a biometrics appointment to provide fingerprints, photograph, and signature. USCIS will use this information to conduct a background check.
Attend the Interview:
After submitting your biometrics, USCIS will schedule an interview to determine whether you are eligible to adjust your status. During the interview, a USCIS officer will ask you questions about your background, immigration history, and supporting documents. You must bring your passport, I-94 record, and other necessary evidence.
Receive Decision:
After the interview, USCIS will issue a decision on your application. If your application is approved, you will receive your green card by mail. If your application is denied, you may appeal the decision or reapply if you are eligible.
Maintain Your Green Card Status:
Once you receive your green card, you must maintain your status as a lawful permanent resident. You must file taxes, not commit crimes, and not stay outside of the United States for extended periods without obtaining a re-entry permit.
In conclusion, adjusting your status through the DV1 visa category can be a long and complicated process, but with the right information and support, you can successfully obtain a green card and become a lawful permanent resident of the United States. Don't forget to notify the KCC of your intent to adjust and pay the processing fee before filing Form I-485. This is a time sensitive matter, so if you don’t feel confident, find a lawyer who has specific experience with the DV-1 adjustment process. It is unlike any other greencard category in both its application process and takes extra effort if there are any delays.