All posts by Cheng, Cho, & Yee, Immigration Lawyers

You may seek asylum in the U.S. if you face persecution in your country of origin, but it’s important to prepare for the asylum process to ensure a successful move to America. Understanding the asylum application process and knowing how to seek asylum in the United States can make it easier to gain legal residency.

For help with the asylum process and your application, the Law Offices of Cheng, Cho, & Yee, PC is here for you. Call us at 312-853-3088 to learn how our Chicago immigration attorneys may be able to assist you with seeking asylum in the U.S.

What Is the Asylum Process?

According to United States Citizenship and Immigration Services (USCIS), there have been 94,049 completed asylum applications in the U.S. since the start of the last fiscal year, with many others to come as more immigrants seek asylum in the U.S.

The asylum process enables individuals who face persecution in their home country to come to America under certain conditions. However, not all individuals facing violence may enter the U.S. on asylum, as there are requirements in place that determine whether someone qualifies for asylum.

If you’re not sure whether you can enter the country to seek asylum, or you’re not sure how to seek asylum, an experienced asylum immigration lawyer can help you navigate this process.

Necessary Documents and Evidence

One of the main questions you have regarding asylum might be, “What are the requirements for seeking asylum?” To seek asylum in the U.S., you must prove the following key items:

• That you face persecution in your country of origin based on certain known “protected characteristics,” including social class, religion, race, or political affiliation.
• That others with similar characteristics have faced persecution because of these characteristics.
• The type of persecution you would face if you were to return to your home country. For instance, some may face bodily harm or execution, while others could face jail time.
• That a particular group would be responsible for the persecution, such as a political or religious organization.
• Past instances of persecution you endured and the reason for this persecution.

In proving these items, you’ll need to obtain and file the following primary documents when applying for asylum:

Form I-589

The first document you’ll need is Form I-589, Application for Asylum and for Withholding of Removal. You can submit this form if you are currently located in the U.S. and don’t have U.S. citizenship.

This form will include all relevant information about you and the purpose of seeking asylum. On this form, you’ll need to provide information such as your name and contact details, along with information about previous places of residence and the type of persecution you would face if you were to return to your country of origin.

Identification Documentation

You must also include certain identifying documents, including birth certificates, driver’s licenses, and identification cards from your home country.

Passport

Another critical document you’ll need is a passport, as well as relevant U.S. immigration documents, including an I-94 Arrival/Departure Record. This passport should also include a photo of you that adheres to the required dimensions for passport photos.

Asylum Declaration

This statement will provide immigration officials with a detailed description of your case and the kind of persecution you wish to avoid by staying in the U.S.

Common Mistakes Your Lawyer Can Help You Avoid

With the help of an immigration attorney, you can avoid the following mistakes when applying for asylum:

Waiting Too Long

There is a deadline in place for individuals to apply for asylum in the U.S. Waiting too long to apply could cause you to miss the deadline and prevent you from successfully gaining residency in the U.S.

Unclear Stories

You’ll need to detail how you will face persecution in your home country, including the grounds for persecution, whether it’s due to race, religion, or another protected characteristic. An attorney can help ensure your story is consistent and indicate to immigration officials that you qualify for asylum.

Insufficient Supporting Documents

In addition to completing form I-589, you will need to provide supporting documents such as passports, birth certificates, and ID. Lawyers can work with you to collect and file all necessary documentation when applying for asylum.

Filing the Wrong Forms

USCIS indicates the specific files you will need to submit to apply for asylum. In addition, your attorney could help ensure you complete and file the proper documents with USCIS, including I-589.

What if the Government Denies Asylum?

The government won’t always accept asylum applications, which is why you should know what happens if asylum is denied.

There are several reasons the government may deny your application for asylum, such as insufficient proof that you would face persecution if you were to return to your home country. However, the government could deny your case in error, in which case you may get a second chance at asylum through the appeals process.

To have the denial reversed, you would need to begin the appeals process with the appropriate court. The first step would entail appealing to the Board of Immigration Appeals (BIA), followed by appealing to the federal court of appeals if the BIA doesn’t reverse the decision.

An attorney can help guide you through the appeals process to reverse an application denial, as he or she can determine where to appeal and help secure all necessary documentation to prove your case.If you want to learn more about how to seek asylum in the U.S. and need help navigating the application process, a reliable immigration attorney could help. The Chicago asylum immigration attorneys at The Law Offices of Cheng, Cho, & Yee, PC, could help with this and other immigration matters. Contact us today to find out what we can do for you.

You have legal rights when getting deported, such as the ability to have an immigration attorney represent you, request a custody redetermination, and explore other types of relief to prevent deportation.

If you need help avoiding deportation from the U.S., you may be able to get assistance from an experienced immigration lawyer in Chicago. To consult an attorney, call The Law Offices of Cheng, Cho, & Yee, PC, at 312-853-3088.

Knowing Your Rights Before and During Deportation

Illinois alone has seen 162 deportations so far in 2024, with a total of 28,129 deportations since 2003. There are legal rights when getting deported in the U.S. These include:

The Right to Remain Silent

One of the rights you have prior to and during deportation is the right to remain silent. Upon detention, you can verbally or through writing request the right to stay silent during the deportation process, which will help you avoid direct questioning until you can receive representation from deportation attorneys.

Depending on the state, you may need to first identify yourself before requesting this right.

The Right to Avoid Searches

If immigration officials want to search you or your possessions or property, you can refuse to consent to these searches. However, officials may still perform a pat-down search on your clothes to confirm you don’t have a weapon on your person.

The Right to Legal Representation

When under arrest or detention, you may request representation from either a government-appointed or personally consulted attorney. The circumstances here will depend on whether U.S. Immigration and Customs Enforcement (ICE) arrests you for deportation.

If officials outside of ICE detain you, you can have a government-appointed attorney represent you in your case. On the other hand, if ICE detains you, the government won’t need to provide you with representation, but you can find affordable attorneys who may be able to provide alternative representation.

The Right to Make a Phone Call

You can make a private phone call if the police arrest you. You can make this call from the police station or another facility where police take you, and they are unable to listen to this call if you’re consulting a lawyer over the phone.

Grounds for Deportation and Removal

There are a few key reasons the U.S. government may choose to deport or remove an individual. These include:

• Entering the country unlawfully
• Having a history of criminal convictions for certain crimes, including more severe ones known as “crimes of moral turpitude”
• Gaining unlawful employment in the U.S.
• Violating the terms expressed when gaining legal entry

If an immigration court judge or government initiated deportation or removal you in error, an immigration lawyer may be able to build a case in your favor and prove that you can continue to live and work in the U.S.

What Are the Consequences of Deportation?

If the U.S. government deports you, you will be unable to reenter the country for a period of time ranging from five years to a permanent ban. In most cases, deportees will need to wait 10 years before they’re able to come back to the U.S.

The following is a breakdown of the different ban periods and how they work:

Five-Year Ban

Deportees will be unable to return to the U.S. for five years under certain circumstances. For example, they’ll receive a five-year ban if the government deports them at an American port of entry or border when deemed inadmissible for immigration.

People may also receive this ban if they undergo formal removal proceedings to issue their removal or deportation after initially coming to the U.S. You will also be banned for five years if you either leave during the middle of immigration court proceedings or fail to attend them.

10-Year Ban

You may receive this ban if an Immigration Judge sees your case and decides on removal, regardless of your presence at the hearing.

20-Year Ban

Individuals who attempt to reenter the U.S. before their 10-year ban has ended will receive a 20-year ban preventing their return.

Permanent Deportation

You may be unable to enter the country after any period of time if you attempt to enter after being deported or if you have a criminal conviction for an aggravated felony.

You can discuss the ban you face with an attorney, who may be able to prevent the government from deporting or removing you. Attorneys can also answer questions you might have about reentering the country after deportation, such as, “Can a deported person come back legally by marrying a citizen?”

Steps You Take to Protect Your Rights

In the event of a deportation or removal, there are key steps you’ll need to take. The following are measures you can take to protect your rights before a final order of removal.

If Arrested, Record All Details and Seek Medical Attention

If ICE or police arrest you, try to write down all the details of the incident. You can choose to remain silent before getting an attorney on your side, but you can take the time to record information such as officer names, badge numbers, patrol vehicle numbers, witness information, and the officers’ agency.

If needed, seek immediate medical attention to treat any injuries you may have sustained during your arrest or detention. Before doing so, take photos or record video footage of your injuries, if possible.

Seek Help from an Attorney

In Illinois, you can connect with an immigration lawyer to help you with understanding the deportation process and discuss the options available to you. Specifically, the state’s Right to Counsel Act gives you permission to hire an immigration lawyer who may be able to take action to prevent deportation or removal in your case.

Build Your Case With Evidence

To further avoid deportation and removal, it’s important to collect as much supporting evidence as you can.

With the help of an attorney, you can collect and organize documents to build your case, such as:

• Tax records
• Passports
• Green cards
• Marriage and birth certificates
• Pay stubs
• Leases

Your attorney could then work to organize all documentation into a viable case to help you secure your stay in the U.S.

In addition to this evidence, you must work with your lawyer to develop a convincing story that explains why you deserve to stay in the country. For instance, you may show that you provide valuable services as an employee with good intentions behind your residency, and that you are actively contributing to your community by staying. You could also detail how your family might suffer if the government were to deport and remove you.

Request a Custody Redetermination or Seek Another Option

With a story in place, you and your attorney may choose to request a custody redetermination to help ensure you’re able to remain in the U.S. This process will involve a hearing, during which time your attorney can explain on your behalf why you don’t pose a risk by staying in the country.

However, a custody redetermination may not get you the results you want, in which case you may be able to take other actions to stay in the country.

For instance, you could avoid deportation by arguing that you’ll face persecution by returning to your country of origin, which could enable you to stay in the country as a refugee or in asylum. You might also be able to get a cancellation of removal under certain circumstances, or you could change your immigrant status to something like a nonimmigrant worker.

Another option could involve voluntary departure, which would allow you to leave without facing the consequences of deportation.

Your lawyer should be able to discuss every available option with you to determine which will work best in your case.

Know Your Rights When Facing Deportation

Every individual in the U.S. has rights, including immigrants who face deportation or removal. Knowing how the deportation process works and your rights as an individual can help you take the right steps to avoid the consequences of deportation, whether you’re able to argue that you’re able to remain in the country legally or wish to voluntarily depart.

Having an attorney at your side can go a long way in helping you combat the government’s attempt to deport or remove you. The right representation can discuss the kinds of options you have when it comes to staying in the U.S. and represent you when interacting with immigration officials and police.

Want to learn more about your legal rights when getting deported and avoid the potential issues associated with deportation? The Law Offices of Cheng, Cho, & Yee, PC, can help you build a strong case in your favor. Contact us today to learn more about what we can do for you.

Three reasons immigration applications are denied include inadequate documentation, a criminal history, and inconsistent details on an immigration application. Additionally, there are other reasons for application denials that you should avoid to keep the application process smooth and successful.

If you need help with immigration applications or need to avoid deportation and other immigration issues, an immigration attorney in Chicago can help. To speak with an attorney, call The Law Offices of Cheng, Cho, & Yee, PC, at 312-853-3088.

Top 3 Reasons Immigration Applications Are Denied

Each year, U.S. Citizenship and Immigration Services (USCIS) approves approximately 88% of applications for lawful permanent residency (LPR) and issues denials in 12% of cases. The following are a few reasons USCIS may deny your application.

Lack of Proper Documentation

Many denials result from the failure to include sufficient documentation when applying for a green card, such as a family- or marriage-based green card.

This risk is why it’s crucial to determine what documentation you need for your application and to include all of it. The USCIS website and other immigration resources can detail what documentation you need to submit to successfully apply for your green card category. Each category will have unique requirements, making it important to learn the details of your particular category.

Immigration legal services attorneys can also assist with the application process and ensure you have all the required documentation in place before submitting the application.

Criminal History

USCIS might also deny your application if you have a history of criminal convictions involving specific types of crimes.

These crimes include:

• Crimes of “moral turpitude,” including murder, bigamy, fraud, and many other potential crimes that show that an applicant displays “poor moral character”
• Convictions of two or more crimes with prison sentences of five years or longer
• Convictions involving controlled substances, including possession and trafficking
• Prostitution-related crimes
• Human trafficking-related crimes

These crimes can involve either convictions or arrests that might render you ineligible for a green card.

An attorney can inform you whether your criminal history puts your immigrant application at risk based on previous convictions or admissions.

Inconsistent Information

Some applications may include inconsistent information, such as different details about the applicant’s name, contact information, marital status, and more. If any of this information is misaligned and inaccurate, USCIS will likely deny the application.

While many immigrant applicants unintentionally include inconsistent information, some may attempt to provide USCIS with false details. However, USCIS can easily determine which information is correct.

Double-check your application and all supporting documentation to ensure all information is correct and consistent across your documents, which will help increase your chances of a successful application.

Other Reasons Immigration Applications Are Denied

In addition to the aforementioned reasons, there are some other factors that can result in an immigration application denial, such as:

Health Problems

You should receive a formal medical exam to confirm that you are in good health and won’t pose a health risk when entering the U.S. For instance, you must not have any diseases that could spread among the general populace, and you must have received all necessary vaccinations.

Medical professionals can help confirm with medical records that you don’t have communicable diseases and that you are current with all vaccinations.

Security Risks

You may be ineligible for a green card if you appear to pose a risk to national security. For instance, USCIS may suspect that you are connected to terrorist organizations or that you are otherwise entering the country in bad faith.

An attorney can help show that you are entering the country without posing a security risk of any kind with the right documentation.

How an Immigration Attorney Can Help With Immigrant Applications

If you’re worried about being ineligible for immigration into the U.S. and want to ensure your green card application is successful, you can benefit from hiring a reputable lawyer with experience handling immigration cases.

The following are some ways an immigration lawyer will help you with your case:

Determining Eligibility for a Green Card

One key way an immigration lawyer can assist you with the application process is to figure out whether you’re eligible for a specific visa category.

There are several visa categories you can use to legally enter the country, such as family-based green cards, marriage-based green cards, and worker visas. You could also enter the country as an asylum seeker if you need to avoid persecution in your country of origin, or you may qualify to enter the country as a special immigrant in a critical area of expertise.

An attorney can answer specific questions regarding your case, such as, “What is an investor visa?” and “What determines eligibility to work in the United States?” The answers to these questions and others can help you identify the best visa category for your situation.

Gathering Accurate and Consistent Supporting Documents

To succeed with your application, you must have all required supporting documentation that can further prove eligibility for the chosen visa category.

There are many types of supporting documents you may need for your case, such as:

• A copy of your birth certificate
• A marriage certificate proving marital status
• Two passport-quality photos
• Proof that you have maintained a legal residency status in the U.S.
• Documentation from potential employers showing proof of work eligibility

These are simply some of the many documents that you may need, depending on your visa category. An attorney can help you identify and collect all of them for use in an application, keeping all information accurate throughout to prevent a potential denial.

Interview Preparation

Applicants must undergo an interview with immigration officials before receiving approval for their applications. This process can be stressful and uncertain, but a lawyer will be able to answer questions ahead of the interview and indicate what to expect with this process.

For instance, your attorney could let you know what kinds of questions officials are likely to ask and the answers you should provide. You’ll also learn which types of documents to obtain and bring to your interview to facilitate the process.

Filing a Motion to Reconsider, Reopen, or Appeal

As discussed, there are several reasons immigration applications are denied. If USCIS denies your application for any reason, an attorney may be able to help you reverse this decision.

For example, an attorney could decide to file a motion to reconsider if you believe USCIS made an error when denying your application. The attorney could prove this error and have USCIS reconsider your application with newly detailed facts around your case.

If a motion to reconsider isn’t viable, the attorney may decide to file a motion to reopen instead. This process would involve gathering and organizing evidence to support your application that wasn’t available at the time of the initial application. However, this excludes evidence or documentation that applicants could have accessed during the application process and simply overlooked.

For certain applications, such as marriage-based green card applications, your attorney could also choose to file an appeal to the Administrative Appeals Office (AAO) if you believe that USCIS denied the application in error. In these instances, new immigration officials would independently review the details of your application to determine whether it’s possible to overturn the previous officials’ decision.

Figuring Out Which Forms to File

Whenever you want to take action, whether filing an initial application, a motion to reconsider, or an appeal, you must file the right forms with immigration services.

A lawyer familiar with the application and appeals processes will help you find and complete the appropriate forms based on your situation. In the process, you can simplify your application and ensure that you’re correctly completing it.

For instance, you might need to adjust your immigrant status at some point, warranting the submission of Form I-485, while filing an appeal or motion would require you to complete Form I-290B, Notice of Appeal or Motion.

Getting Help With the Application Process

To avoid the many reasons immigration applications are denied under USCIS, work with an experienced immigration attorney to discuss your case. A lawyer can help you complete the application process or reverse a denial, depending on your circumstances.

Good attorneys understand the challenges that immigrants can face during the application process and work to ensure they’re able to overcome them. For help from a reputable immigration attorney in Chicago, turn to The Law Offices of Cheng, Cho, & Yee, PC. To schedule a consultation with our attorneys, contact us online today, and we’ll connect you with a lawyer for assistance.

Immigration attorneys can handle different types of immigration cases, including employment- or family-based immigration.

For help handling your immigration case, call the attorneys at The Law Offices of Cheng, Cho, & Yee, PC. at 312-853-3088. We can determine what options are available to you and help you pursue them.

Types of Immigration Cases

There are two primary types of immigration cases that lawyers can handle, including employment-based and family-based cases. These are the most popular paths that immigrants take to gain lawful permanent residency in the U.S., but each case has its own eligibility criteria and other requirements to complete the immigration process.

How Family-Based Immigration Works

If you choose to go through family-based immigration, you will have a relative who is a lawful permanent resident (LPR) or American citizen sponsor you as you complete the immigration process.

To apply for family-based visas, sponsors will need to complete Form I-130, Petition for Alien Relative. Sponsors can fill out this form to sponsor one or more relatives to immigrate to the U.S.

You will also need to prove your relationship with the sponsor, whether you are the sponsor’s spouse, parent, child, or another relative.

How Employment-Based Immigration Works

If you can’t enter the country with a relative as your sponsor, you may be able to enter the country with an employment-based visa.

This process begins when an employer in the U.S. decides to hire a non-U.S. citizen as an employee. The employer would offer a job to an immigrant worker, starting with a prevailing wage determination (PWD) request that goes through the U.S. Department of Labor. If no other American-based workers qualify for the job or want to fill the position, immigrant workers will be able to apply for a work visa.

However, this process can take up to 180 days before the government approves the employer’s permanent labor certification program (PERM) application. After approval of this application, prospective employees will then need to wait until they can apply for the appropriate available visa.

Finally, the worker would file a green card application to become an LPR in the U.S.

Why Hire an Immigration Lawyer

Whether you want to enter the country on an employment-based or family-based visa, you will need to go through the complete immigration process to enter the country legally. Even if the process appears straightforward, there are complexities that could make it challenging to navigate your case.

Even the seemingly smallest errors could compromise your ability to enter the country legally, and you may also need help determining which immigration status to achieve.

For help with your immigration case in Chicago, consider consulting an immigration legal services attorney. An experienced attorney who knows how to handle these types of cases will give you much-needed advice and guidance as you pursue your case.

Your lawyer will:

Accurately Complete and File All Paperwork

Immigration cases will require you to complete various forms and submit supporting documentation, including passports, birth certificates, and court records, among others.

Gathering and putting all of this documentation together can be daunting, especially when you have so many documents to obtain and collect. You must also ensure all information on your application forms is correct and up to date, or you could face issues or denial during the immigration process.

An attorney will be able to help complete all paperwork and verify all information, keeping your documents accurate. He or she will also be able to help you determine which forms to complete based on whether you’re applying for a family or worker visa.

Apply for Change of Status as Needed

Not all immigrants entering the U.S. will want to be an LPR, or eventually a citizen. Some may want to enter the country temporarily as conditional residents or non-immigrants.

There are four types of immigration statuses in the U.S., including:

• Non-Immigrants: These individuals enter the country legally on a temporary basis, with visas allowing them to live and work in the country for a limited time. These individuals could include workers in the country on B1 or B2 visas, along with K-1 fiancée visa holders and others who don’t intend to become permanent residents.
• Conditional and Permanent Residents: You could also become either a conditional or lawful permanent resident. Conditional residents enter the country with a green card after they’ve been married for two years, with the ability to eventually remove the condition to become permanent residents. Meanwhile, LPRs have the ability to live and work permanently in the U.S. without the restrictions of a conditional resident.
• Undocumented Immigrants: These are individuals who enter the country without the government’s permission, preventing them from living and working in the U.S. legally. However, they could eventually become legal residents with the right steps.
• Citizens: Following the naturalization process, immigrants can become American citizens. These individuals will never face deportation unless their citizenship is determined to be fraudulent, and they will receive the same government benefits as American-born citizens.

Depending on what kind of immigration status you want, an attorney can point you in the right direction. For instance, if you are currently a non-immigrant but want to become a U.S. citizen, your lawyer could put you on the path to citizenship and help ensure you meet all eligibility criteria.

Answer Questions You Have About Immigration

If you’re new to the immigration process and need help navigating it, you likely have many questions about your case and immigration law in general.

When consulting with an immigration attorney, you’ll have the opportunity to hear about common immigration myths debunked and other information that can help you determine what steps to take for your case. Even if you don’t wind up with an attorney representing you, you can walk away with more details and confidence before beginning the immigration process.

It’s important to know what to ask an immigration lawyer to get the information you need. Asking the right questions can also help you determine if the attorney is a good fit for you and your case.

Help With Various Immigration Issues

If you face removal or deportation, or if you experience any other challenges while navigating the immigration process, an attorney will work with you to prevent these issues from impacting you.

Depending on the nature of your case, you may be able to have an attorney represent you and fight on your behalf. For example, he or she can appear before an immigration judge and make a compelling argument regarding why you should not undergo removal or deportation.

Ultimately, it’s best to hire an immigration lawyer if you want to increase your chances of succeeding with your case and simplify the immigration process.

How to Decide Which Type of Visa Is the Best for You

The type of visa you apply for in your case will depend on your sponsor and the specific nature of your immigration into the U.S.

For instance, if you want to have a relative sponsor you when entering the country, you would apply for one of the following visa categories:

• F1 visas for unmarried adult children of American citizens
• F2A visas for minor children or spouses of LPRs or green card recipients
• F3 visas for married children of American citizens
• F4 visas for siblings of American citizens

Meanwhile, employment-based immigrants may want to seek H-1B visas for specialty occupations or other visa types based on their prospective position. Students, on the other hand, would apply for an F-1 visa to attend an academic program.

There are many visa categories to apply for, making it potentially confusing to determine which is best for your situation.

If you need help with deciding on the ideal visa, this is another key area where an immigration attorney can help. The right lawyer will review your case and situation and connect you with the right visa. He or she can then gather all the necessary paperwork to ensure you can successfully apply for this visa.

Find the Right Immigration Lawyer for Your Case

Whether you’re in need of help navigating the immigration process or deportation defense, having the right lawyer by your side can mean the difference between succeeding and failing in an immigration case. An attorney will help you determine which type of immigration case to pursue and assist with the entire process from initial application to receiving your green card.

For help from an experienced Chicago immigration attorney, turn to the legal team at The Law Offices of Cheng, Cho, & Yee, PC. Contact us today to speak with an associate and learn how we may be able to help with your immigration case.

The Diversity Immigrant Visa program, also known as the green card lottery, is a type of lottery program under the Department of State. The goal of this program is to increase the diversity of immigrants entering the U.S. by selecting immigrants from countries with fewer migrants than others.

For help with applying for an immigrant visa or entering the Diversity Visa program, consider speaking with the attorneys at The Law Offices of Cheng, Cho, & Yee, PC. 312-853-3088.

If you want to enter the country on a visa and your country of origin qualifies for a Diversity Visa (DV), you may be eligible to apply for this chance to gain residency in the U.S. However, you should understand more about what this visa lottery is, visa availability, and how to apply to ensure you’re able to be a part of this program.

What Is the Visa Lottery?

Every year, the U.S. government holds a lottery to randomly select over 50,000 immigrants from countries with lower rates of immigration than others. These candidates may obtain a green card that allows them to gain lawful permanent residency in the U.S. It’s easy to enter into this lottery online. All you need to do is complete a basic form, and it doesn’t require entrants to pay a fee of any kind.

What Is the Purpose of the Visa Lottery Program in the United States?

There are challenges that immigrants face in their home countries that may lead them to enter the U.S. The primary purpose of the lottery program is to give these immigrants a chance to live and work in the U.S. when they may otherwise be unable to apply for immigration.

Specifically, the visa lottery allows immigrants from countries with lower immigrant rates to enter the U.S. as lawful permanent residents (LPRs) on a green card, creating more diversity in the country. Some lottery winners enter the U.S. as non-immigrants. Knowing the difference between immigrant visas and non-immigrant visas can help you determine which to seek when entering the U.S.

To qualify for the DV lottery, you’ll need to meet criteria to make you eligible for selection.

Visa Lottery Eligibility Criteria

To enter the Diversity Visa program, there are a couple of key criteria you must meet to qualify for this lottery. These items include:

• You must be a citizen of a country that has a lower immigration rate compared to other nations.
• You must also have a high school degree or an equivalent, or have sufficient work experience behind you.

Currently, the countries that qualify for the DV lottery include many nations in Africa, Asia, Europe, Oceania, and the Americas. The Department of State lists all the countries that appear on this list, and the list will change depending on immigration rate fluctuations and other factors.

In addition, you must meet all other qualifications to be admissible to the U.S. as an immigrant or non-immigrant. However, the lottery aims to make it easier for those who might otherwise struggle to gain entry.

How Does the Selection Process Work?

When holding the visa lottery, the Department of State randomly selects more than 50,000 qualifying individuals from countries with low immigrant rates to allow them entry into the U.S. A computer conducts the actual selection process based on digital forms that applicants submit.

The selection process takes place between October and November of every year.

How Much Does the Diversity Visa Program Cost?

At this time, entrants in the Diversity Visa program don’t need to pay a fee to enter the lottery. Applicants only need to pay the current green card fees in place upon selection and seeking entry into the U.S.

The U.S. government will detail the costs and provide you with further instructions to complete the visa application process after selection.

How Long Does It Take to Get Selected?

In most cases, the timeline of the DV lottery is seven to 14 months following initial entry. Generally, entrants will receive notification of their win within seven months following submission. However, you may need to wait up to another seven months to go through the visa application and interview process before you’re able to receive your green card.

The total amount of time it takes to receive a visa after winning the lottery will ultimately depend on the type of visa, visa availability, and the time when you submit your application. For instance, you will only be able to apply for your visa during the fiscal year following the announcement of the lottery winners. In 2024, the fiscal year runs from July 1, 2023, through June 30, 2024. The earlier you apply for your visa, the shorter the timeline is likely to be.

What Is the Visa Availability for the DV Lottery?

The amount of time it takes to complete the visa application process will largely depend on availability. The visas you can apply for will change based on the number of applicants and the number of available visas.

To find out which visas are available to you at the time of applying, you can take a look at the DOS Visa Bulletin. You can see details about the Diversity Immigrant visa availability specifically in Section B of the bulletin, titled “Diversity Immigrant (DV) Category for the Month of [Specific Month].”

Additionally, you can review Section C of the bulletin to find the rank cut-offs for the next month for Diversity Immigrants. If your rank is lower than the cut-off for the month, you may apply for adjustment of immigrant status within seven weeks before a Diversity Visa becomes available, enabling applicants to determine whether they’re eligible for adjustment of status early on.

The Application Process for a Green Card

If you win the lottery, you will need to begin the process of applying for a green card to gain lawful permanent residency in the U.S. You must complete Form I-485, Application to Register Permanent Residence or Adjust Status with U.S. Citizenship and Immigration Services (USCIS).

In addition to submitting this document, you must collect and present sufficient supporting documentation to prove your eligibility for a visa. This supporting evidence could include:

• Two passport-style photographs of yourself
• Form I-693, which details the results of a medical examination and vaccination history
• A copy of your birth certificate
• Copies of court records if you have a criminal record
• A copy of the DOS’s receipt after paying the visa processing fee
• Other required fees

Watch Out for Scams

If you’re planning on entering or have entered the Diversity Visa program, avoid scam attempts. In some cases, malicious individuals may send emails claiming that the recipient has won the Diversity Visa lottery, but these emails are fraudulent and can result in scammers gaining recipients’ personal information and payment.

The scammers will pose as agents from the U.S. government and claim that recipients have won the lottery, requesting payment through a spoof website imitating travel.state.gov or other legitimate domains.

You will never need to pay a fee to enter the DV lottery, and you will only learn whether you won the DV lottery through dvprogam.state.gov, which is where you can check your status via the DV Entrant Status Check.

The U.S. government will only send lottery entrants email reminders to check their DV Entrant Status on the official DV program website. Any other instructions or links will indicate that the email is a scam attempt.

Consider Hiring an Attorney

If you’re not sure whether you qualify for the visa lottery, or if you need assistance with going through the visa application process, you may want to work with immigration legal services attorneys for help.

The right attorneys can walk you through the immigration process and ensure you have all paperwork prepared for submission. This preparation includes gathering and organizing supporting documentation to go along with your application, increasing your chances of successfully applying.

If the USCIS makes a mistake, or if there are issues or legal troubles that arise during the immigration process, an attorney can help navigate these and work to prevent your potential removal or deportation.

Want to successfully enter into the DV program? Maybe you want to go a different route to gain LPR or non-immigrant status in the U.S. In any case, a good Chicago immigration attorney could help you with representation you can trust. At The Law Offices of Cheng, Cho, & Yee, PC, we can help you take the right path toward immigrant or non-immigrant status. Contact us today to schedule a consultation and learn how we can help you.