“Green Card” lottery results are out and some suggestions

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“Green Card” lottery results are out and some suggestions

By Jim Nolan | June 2, 2010

Some of our clients receive an announcement that they were selected as part of the GC lottery. To those who win congratulations! However, there are a few important things to keep in mind when getting the back. While it is important to return the packet quickly it is more important to do so with the right strategy. I would like to explain the important points by using a few examples.

I am using Japan as an example, but it is same for any country. Also, the dates are for 2010 and if you are reading this in later years the principles are the same, but you have to adjust the years.

Ms. Tanaka is in the U.S. on an H-1B visa and got a packet that she won the GC lottery. One of the questions on the forms asks if she wants to have her GC interview in Japan or the U.S. The U.S. seems much more convenient. How should she fill in the box?

I would suggest she write she will have her interview in Japan. She can easily change this later and file for her interview in the U.S. However, she cannot easily change it the other way – write interview in U.S. and then change to interview in Japan.

The most important point for GC lottery is for Ms. Tanaka to have her GC interview before September 30, 2011. If she doesn’t she will not get GC through the lottery. It will be like she didn’t win at all.

Usually, it is faster for Ms. Tanaka to have her GC interview in Japan than in the U.S. Howver, depending on her GC case number she maybe able to get GC interview in the U.S. in time.

Ms. Tanaka’s case number ends with the 85088. Is this important?

Yes, very important. Just getting the packet, by itself, doesn’t mean for sure you will get a GC through the lottery. You have to check what case number Immigration is working on and compare it to your case number to see if you are or will likely to be “current”.

For 2010 lottery Immigration is working on cases for Asia lower than16,400 for May. They will finish with the GC lottery for 2010 in September 2010. For 2010 it is very unlikely that a case with a number 85,088 would be “current” and have a GC interview. If your case isn’t “current” by the end of September your case is over.

There are different regions of the world with different priority dates. It changes every month and you can get the current date by clicking here.

Ms. Tanaka’s case is not included in the 2010 number, but will be included in the numbers for 2011. These are not available now and will be available starting September 2010.

However, since her number is so much higher than the current number for this year it is unlikely she will get her GC through the lottery and should not count on it.

Ms. Suzuki’s case number ends with the 5088? How about her chances?

Because her number is so low she has a very good chance to get a GC through the lottery next year or maybe even November or December 2010.

Ms. Suzuki’s is in the U.S. on an H-1B visa which will expire September 5, 2010. Does she have to extend her visa?

If she wants to stay and work in the U.S. she does. The GC lottery won’t start until October 1, 2010. Just getting the packet, by itself, doesn’t change her legal status. Until Ms. Suzuki has her interview, or possibly files for her GC interview in the U.S., she has to keep her H-1B visa.

What if Ms. Suzuki’s visa expires February 3, 2011? Does she have to extend her visa?

Maybe not. If she has either GC interview or files for a GC interview in the U.S. and her GC case is pending and she has work permission she would not have to file to extend her H-1B visa. However, this depends on how fast Immigration’s number moves every month.

On September 15, 2010 Immigration announces that on October 1, 2010, they will be working on cases for Asia number 4,239. Can Ms. Suzuki do anything now?

No, her case is not yet “current” because her number is higher than the case number Immigration is working on.

On October 15, 2010 Immigration announces that on November 1, 2010, they will be working on cases for Asia number 6,239. Can Ms. Suzuki do anything now?

Yes. She can prepare to file additional documents to have her GC interview in the U.S. She can’t file them with Immigration until November 1, 2010. Since she has 11 months to have her GC interview it is probably safe to file for GC interview in the U.S.

Ms. Suzuki has a finance in Japan who would like to come live with her in the U.S. as soon as possible. Can she get her GC, get married, and then sponsor her husband for a GC? Is this the best solution?

It is very important that Ms. Suzuki get married to her fiancé before her GC interview. Then they can have GC interview together or, in this example, Ms. Suzuki could have her GC interview in the U.S. and than her husband could have his GC interview in Japan separately a few months after hers.

If Ms. Suzuki marries her husband after getting her GC she could sponsor him, but it would take at least 5 years for him to get a GC and he would need his own work visa (H-1B, etc.) to be able to live with her in the U.S.

Mr. Yamamoto came to the U.S. 10 years ago on a tourist visa or visa waiver program and never left. He has been in illegal status for over the last 9 years. He got a packet announcing he won the GC lottery. He heard he can’t have his GC interview in the U.S. because he is in illegal status, but got an appointment notice to have his GC interview at the Embassy in Tokyo. Is it safe to go?

No. If Mr. Yamamoto leaves the U.S. he will be subject to the “10-year bar” because he has been in illegal status for more than 1 year. Winning the GC lottery does not change this. If Mr. Yamamoto goes to Japan his GC will be denied and he won’t be able to return to the U.S. for at least 10 years.

Ms. Inoue came to the U.S. 10 years ago on a F-1 student visa and never left. Her I-94 does not have a fixed expiration date, but says it expires in D/S (duration of status) She has been in illegal status for over the last 9 years. She got a packet announcing she won the GC lottery. Ms. Inoue read she can’t have her GC interview in the U.S. because she is in illegal status, but got an appointment notice to have her GC interview at the Embassy in Tokyo. Is it safe to go?

Probably not. Unlike Mr. Yamamoto, if Ms. Inoue leaves the U.S. she will not be subject to the “10-year bar” because, while she has been in illegal status for more than 1 year, her I-94 did not have a fixed expiration date. D/S is more confusing so Ms. Inoue is not subject to the 10 year bar.

However, by being in the U.S. illegally for many years and probably working, Ms. Inoue could and probably will be denied her GC at the interview in Tokyo if the Consular Officer realizes the situation. Winning the GC lottery does not change her illegal status but, because she is not subject to the 10 year bar, it leaves up to the mercy of the Consular Officer and we have not found them too merciful lately.

If Ms. Inoue goes to Japan and her GC is denied and she won’t be able to return to the U.S. for at least 5 years.

Hope this helps and good luck!

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