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Immigration Options: Green Card Lottery - Part 3

Posted by Ann Badmus | Nov 16, 2012 | 0 Comments

Once an applicant receives the good news that they won the green card lottery, they must swing into action as they only have a little more than one year to obtain their green card. For instance, winners of the 2013 DV lottery only have until September 30, 2013 to obtain their green cards. If this process has not been completed by that date, then the winner is no longer eligible for a green card. This requirement prevents most J- 1 physicians from using the DV lottery, even if they otherwise qualify. Remember that a J-1 waiver requires the physician to complete all three years of the employment contract before they can apply for and receive a green card. Consequently, even if the physician wins the lottery, they are ineligible to apply for the green card until they have completed their commitment.

If the applicant is legally residing in the U.S., then they must file for an Adjustment of Status, Form I-485. Alternatively, if the applicant is outside of the United States, then they must apply at the nearest U.S. consulate. In either case, the applicant's immediate family members listed on the EDV Entry Form must follow the same procedures as the applicant.

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Ann Badmus

Principal and Managing Attorney


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