To allow people to emigrate to the U.S. from countries with low rates of immigration, the Diversity Lottery program was started. The program randomly selects from among the applicants those who can apply to get a green card. Since no ties to relatives in the U.S. are required, the program is intended to allow a more diverse group of people to qualify for permanent residence.

For the next few years,(unless eliminated by new laws), the lottery program will be run to select the lucky winners. (We shall see that being selected does not always mean getting a green card.) The fiscal year for the U.S. government is from October of one year to Septemberof the next year. Lottery applications are usually accepted in February between specifically announced dates. (The DV 98 program is closed. DV 98 applications had to be sent in from 3 February to 5 March 1997). Applications received before or after the announced dates are rejected. About 3 to 5 million people apply for the lottery

The selections are made and announced in July and August by a written notice to the applicant or the attorney who sent in the application. Those selected are considered for the fiscal year which begins the following October 1st.. Any visas not issued by the end of the next fiscal year (September 30), are voided. A new application is needed for each year.

A number is assigned to each selected person in order. The first selected people will have lower rank numbers. More people are notified than there are visas available so those with lower rank numbers have a better chance of actually getting a green card. The diversity visas are limited according to the area of the world (Europe, Africa, and others) and also by country. After a while, visas may run out for a particular world area or country.

Each month the Department of State publishes a list showing the rank cutoff number. Only people with rank numbers below the cutoff can apply. Applications can be made at a consulate or at the INS if the person is in the U.S. The rank number must be below the cutoff when applying for the green card and also at the time the visa is issued or when the adjustment of status takes place. During Fiscal Year 1995, all rank numbers became available during February allowing any selected person to apply. Then by the time the INS processed their applications, many people's rank number had gone above the new cutoff. These applicants, some of whom had already been interviewed and paid fees to the INS, were not able to get the green card. The "winners" had lost.

There was an incident in a past lottery where the person who received the green card was suspected of not being the person who sent the application to the lottery. To prevent substitution and fraud, the rules now require the applicant to sign the application letter and enclose a photo.

Some people believe that because of the way the program is run with notices going to more people than can be accommodated and with the other problems mentioned above, that the Diversity Program is more of a trick than a lottery. The US Congress has been discussing changing or eliminating the Diversity Lottery program. (What Congress gives, Congress can take away.)

There is a now a serious problem for lottery selectees who are the US in unauthorized status. The law which allowed out of status people to apply for the DV green card here (Section 245i of the Immigation law) is no longer in effect. The DV "winner" who is out of status can no longer apply in the US for the green card. If they go back home to apply, they will be subject to the 3 year and 10 year bar to re-entry if they were out of status for more 6 months or more. They cannot get the green card here and they cannot get it at home. The DV lottery has become unavailable for those out of status in the US for 6 months or more.

The program does give hope to people in most countries of the world who have no other way of getting a green card. Even with its problems, the lottery program allows 50,000 new permanent residents to enter the U.S. each year. They are the lucky winners.