Green Card Lottery in the U.S. – Selection and Appeals Process
Provided by HG.org
The Visa selection and appeals process is in place for foreign citizens to become temporary and permanent residents and citizens of the United States. When the selection passes a person over or the Visa procedure does not accept someone for permanent residency, it is possible through the appeals process to change the outcome.
The process for obtaining a green card and becoming a temporary or permanent resident of the United States starts with contacting the official agency that corresponds to the country where the individual lives. Through the government agency and authority, it is possible to travel, work, become educated or live in another location around the world. However, often there must be some skill, knowledge or purpose to the move. If the person becomes a student, he or she may have a temporary Visa until the education has run its course. Another may have a special skill that is needed for various contracting agencies that hire foreign citizens.
When the Visa is only temporary, the individual may apply for permanent residency. However, the selection process and application are complex with additional difficulties when the Administration cracks down on immigration. Because of this, there is an appeal process that could overturn the initial rejection. Through a case investigation and counsel or board listening and reading documentation about the situation, it may be possible to seek and acquire permanent residency. The green card lottery is one way of accomplishing this. It is important to hire a lawyer to advocate on behalf of the foreign citizen and ensure the best possible case is presented for the appeals board.
Green Card Lottery Explained
The Diversity Visa Lottery or Green Card Lottery was established so that anyone from a qualifying country that wants to obtain a green card has the opportunity. It was designed so that the diversity of United States citizens through immigration is more inclusive, so that others from underrepresented countries with the immigration process are permitted to apply. When the person is qualified, he or she may have a chance of permanent residence in America. When the application process approves someone, he or she may need to fill out additional forms, but the benefits of permanent residency are afforded to the individual that succeeds through the lottery.
Not everyone that applies for the Diversity Visa Lottery is qualified, and this may lead to a rejection. However, if selected, the person is processed through the program and then must follow further steps that need completion. An interviewer speaks with the candidate and this determines if a Visa may be provided. The steps should be completed as soon as is possible for those qualified. While selection may lead to a green card, not everyone is approved. If a rejection is received, it is important to engage the appeals procedure immediately. The use of a lawyer is beneficial to progress through appeals.
The Appeals Process for Green Cards
When a rejection has been received after a selection has been issued, the foreign citizen has some options available. However, it is important to seek assistance and to start the appeal quickly. Appeals for Visa rejections are similar to other administrative cases. When a negative decision has been issued, a review of the appeals is started and conducted by the immigration authorities. The consistency and accuracy of immigration laws and policies as well as any interpretation needed is upheld during the appeals process. Existing regulations and policies are provided and issued for these decisions initially and then after the review, the judgment may be overturned.
All the facts of the case are gathered and reviewed together by a counsel in the appeal process. The decision for rejection is analyzed and the individual person and his or her interview is examined. Once this has been completed with the Attorney General, a precedent decision may be issued so that clear and uniform direction to the board is possible. This helps the public understand the proper interpretation of these laws and policies. However, it is recommended to have a professional or lawyer assist with these procedures to ensure the best possible case details are given and the qualities of the citizen are considered.
The Lawyer in Green Card Lotteries
While a board and the Attorney General meet to determine if a decision should be overturned, a lawyer may be hired to help with these processes. The legal representative usually works as an advisor, but he or she may present details to the board more accurately.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.