Essential Updates on DV Lottery and Immigration Policies

October 2015

Published by the Law Offices of Alena Shautsova, 2908A Emmons Ave, Brooklyn, New York 11235

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“Be the change that you wish to see in the world.”
― Mahatma Gandhi

DV LOTTERY IS BACK!

It is that time of the year again: pumpkins, corn and fall mums mean that it is fall, and the Department of State again reopens its internet portal for the DV lottery players: https://www.dvlottery.state.gov/.

A few reminders for those who are considering trying their luck:

Read the Instructions Yourself, do not rely on anybody else to repeat the instructions for you. The instructions are available in many languages in addition to English language.

If you participated in previous DV lottery “games”, remember to update your photo and photos of your children. You will be denied an Immigrant visa if the photo will be found to be older than the specified in the instructions acceptable range.

List correctly all of your family members such as children and spouse(s). You will be denied a visa if during the entry process your “failed” to mention all of your children. I hope you have only one “legal” spouse. Otherwise, you might face more serious issues than an Immigrant visa denial.

Do not forget about necessary qualifications (in addition to being a national of a specified country*):

“High School Education: A high school education means successful completion of a formal course of elementary and secondary education comparable to completion of a 12-year course in the United States.

Work Experience: If you are qualifying with work experience, you must have two years of experience in the last five years, in an occupation which, by U.S. Department of Labor definitions, requires at least two years of training or experience that is designated as Job Zone 4 or 5, classified in a Specific Vocational Preparation (SVP) rating of 7.0 or higher”

To find the relevant occupations, use this link: http://www.onetonline.org/find/family.

Do not submit more than one entry on behalf of the same person: the person will be disqualified for submitting multiple entries. However, the spouses can both submit separate entries.

Finally, it is worth it to play if you are in the U.S. and your status has already expired. For example, if one overstayed a F or a J visa, he/she will not be subject to 3/10 years bar for unlawful presence if leaves the U.S. Some people may be eligible for the “grandfathering” exception, and some a waiver.

The submission period for DV lottery 2017 will be closed on November 3, 2015. Good Luck!

Natives from the following countries are excluded from participation in the Green Card lottery program this year
Bangladesh	Brazil	Canada	China (mainland only)	Colombia
Dominican Republic	Ecuador	El Salvador	Haiti	India
Jamaica	Mexico	Nigeria	Pakistan	Peru
Philippines	South Korea	United Kingdom (except Northern Ireland)	Vietnam

US PAROLE PROGRAM FOR FILIPINO

A new exciting announcement came from the Department of Homeland Security last week. The DHS is creating a new parole program for Filipino and Filipino-American World War II. While the parameters of the programs are still under development, it is nevertheless very good news.

Generally, a person who is paroled into the U.S. can come and stay in the U.S. for a limited period of time. Paroles are granted on a case by case basis and an applicant has to demonstrate that there are humanitarian reasons for the parole.

A parole is not a visa or a green card. However, often, the government also creates a pathway to permanent residency for those who were paroled in.

Note: the program is not open yet, and a person cannot apply for a parole under this program yet.

Failure To Register for Selective Service and Citizenship

Author: Citizenship Attorney Alena Shautsova

Usually, when one tries to research information regarding naturalization requirements, he finds discussions regarding good moral character, physical presence requirements, criminal bars to citizenship, time in permanent residence status issue. However, there are other, less “popular” but nevertheless important requirements that a person must meet before his application for naturalization is granted.

One of such requirements is registration for selective service for male permanent residents between the ages 18 and 26 . Please note that if a person lived in the U.S. during this time but in a lawful nonimmigrant status, he is exempt from selective service registration. Also, somebody who was born after May 29, 1957 and before December 31, 1959, is also not required to register. If you did not reside in the U.S. between 18 and 26, you are also not required to meet this requirement.

The question, of course, arises when one fails to register for selective service during the required period of time. The consequences of such a failure will depend on applicant’s age and timing for naturalization submission.

As an initial matter, failure to register for selective service is a bar to receiving a U.S. citizenship. It means, that a person who was supposed to register and did not do so, will be barred from receiving a U.S. citizenship, and his application will be denied.

The good news is that it is not a permanent bar, and it has an “expiration” period; plus one can provide excuses for his omission. Generally, an applicant for naturalization who is over 31 years old, whose failure to register fallsoutside of the 5 year- good moral character period, will ordinary be found eligible for naturalization. If a person is under 26 at the time of filing for naturalization, he will be required to register. However, even a person under 31 years old who failed to register and who can demonstrate a good reason for such failure, still may be found eligible for naturalization.

One should remember, that there is no right to U.S. citizenship for those who are trying to naturalize. USCIS will exercise its discretion each time one submits an application. The reviewing officer is not barred from denying an application, if he/she determines that as a matter of discretion approval is not appropriate.

Success Story: Successful Adjustment of Status In Removal Proceedings

It has been a long journey for Mrs. and Mr. Bold (not their real names) who came to my office about two years ago. By the time of their first visit with my office, Mr. Bold had lived in the U.S. after the expiration of his visa for some time. During that time he started dating future Mrs. Bold but they were not married yet. They came to my office after Mr. Bold was arrested by ICE officers, and was offered to come to their office to sign a voluntarily departure.

Future Mrs. Bold, who is a U.S. citizen was in despair. She loved Mr. Bold and they were already engaged but were saving money for the wedding, and now she had to lose the love of her life because of possible deportation. The couple told me that their neighbor advised them not to show up in court or for the meeting with ICE at all. The neighbor further confessed that he did not do it, and remained in the country for 10 years… The neighbor failed toexplain that for all this years he led the life of a fugitive, with no “papers”, no employment authorization and in constant fear of being “picked up” by ICE.

After listening to the couple’s story, I told them that not showing up in court was not an option. A person who misses the court hearing about which he was properly informed risks to be ordered removed out of the U.S. in absentia, and will be barred for 5 years for applying for any sort of relief from removal.

Further, I explained to the couple that they can go ahead and get married, and that Mr. Bold’s then Immigration issues are not a bar to their marriage. I also advised them, that in fact, once they get married, Mr. Bold might be able to remain in the U.S. and even get his green card, if the USCIS verifies that the marriage was performed not to avoid removal, and that there are no other bars to Mr. Bold’ adjustment of status.

I told the couple that it will take some time to go through all the steps, and that because (despite of their engagement) they will be officially getting married after the ICE started the proceedings against Mr. Bold, the USCIS will scrutinize their relationship even more than those marriages that were commenced when applicants were not placed in Immigration proceedings.

Needless to say, that all went well. We did have to appear in court a couple of times, but eventually were able to adjust Mr. Bold’s status with USCIS. Recently, he received his green card, as USCIS and now is ready to bring his wife to his home country and introduce her to his family.

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