The deadline to have the opportunity to apply for permanent residence under the 2009 U.S. visa lottery program is less than two weeks away on Sunday, December 2, 2007; 12 noon Eastern Standard Time (11 a.m. Central Standard Time).

The visa lottery is formally known as the Diversity Immigrant Visa Program. The U.S. government makes available up to a maximum of 55,000 diversity green cards annually. 5,000 of these visas are reserved for a visa program for certain Central American nationals, leaving 50,000 visas available to be drawn at random from a pool of applicants who meet specific criteria.

Thailand is one of the countries eligible for the program. As long as a country has not sent more than 50,000 immigrants to the U.S. in the last five years, that country’s nationals are eligible. For the Diversity Visa program in 2007, more than 5.5 million applications were received. Of that number, 82,000 applicants were notified and advanced forward in the green card process. Because not all applicants move forward in the process for various reasons, more than 50,000 applicants are selected to ensure that all visa numbers are used. Once 50,000 visas are used, the program ends. The 2007 numbers show that 81 Thai nationals were invited to apply for green cards.

In most cases your country of birth is what is taken into account, but there are some exceptions. You may be able to claim your spouse’s country of birth if you meet certain further requirements even if you on your own would not be eligible. You may also be able to claim the country of birth of one of your parents as long as that parent was not a resident of the country in which you were born.

Other Qualifications

The applicant must have:

1) A high school education or its equivalent; OR

2) Two years work experience in a job requiring at least two years of training or experience to perform.

Deadlines & Other Important Information

1) You may only submit your application electronically;

2) There is NO FEE to apply for the diversity visa (but you will have to pay the normal green card fees and diversity visa processing fee if you are selected);

3) Winners are notified by mail by the Department of State (not by e-mail);

4) Simple mistakes may disqualify you for the green card even if you are selected in the lottery. You would not want to be selected, only to find out at the green card interview that you are ineligible because of a mistake, especially after you have paid the filing fee for the green card which is non-refundable. Make sure to read all directions carefully and answer the questions accurately;

5) Even if you are selected in the lottery, in order to qualify for a green card, you must meet the normal eligibility requirements for a green card. So, if you would be barred from entering the U.S. because of a previous overstay, or you have been out of status for more than 180 days, or if you fail to meet standards for good moral character such as a having a criminal history, you may not be issued a green card even if your name is drawn in the lottery.

Fraud Warning

As stated, there is no fee to download the diversity visa application and submit your application electronically. Be careful of non-official websites that look like the official U.S. Citizenship and Immigration Services (USCIS) website, as there have been instances of fraud.

For detailed info on the visa lottery at the Department of State:
Official Visa Lottery Info

If you need any assistance or have any questions about this type of visa, please contact us.

Vida Gosrisirikul is a Thai American attorney born and raised in Chicago, Illinois. She has been in private practice for the last six years as a founding partner of The Law Office of Vida Gosrisirikul, PC and D’Souza & Gosrisirikul, Ltd. She serves as legal counsel to the Thai American Association of Illinois and the Illinois affiliate of the national Asian American Real Estate Association. Vida also served as President of the Asian American Bar Association of the Greater Chicago Area from 2001 to 2002. She has been a member of the Illinois Bar since 1997 and is admitted to practice before the United States District Court for the Northern District of Illinois. She is also fluent in Thai.