Selection is a place in a queue with a hard end date. The DS-260, the documents, the medical and the two possible routes, in the order they happen.
Reviewed by Ekaterina Fitenko, Esq. — Florida Bar #1064536. With 20+ years of experience in the legal field, she advises Diversity Visa entrants and selectees on eligibility and filings, in English and Russian.
Selection is a place in a queue, not a visa. The Department selects more entrants than there are visas, because many selectees never complete the process — and the number of diversity visas available each year is fixed at 55,000 under INA 201(e). A case that moves slowly can reach the front of the queue after the supply for the year is gone.
So the clock starts on the day you read the result, not on the day you are scheduled.
The application itself is the DS-260, Online Immigrant Visa and Alien Registration Application, submitted electronically. It asks about eligibility to immigrate under U.S. law, including criminal and security-related topics, and the consular officer asks about the same subjects again, in person.
Two consequences follow. First, an answer given quickly in the form has to survive an interview months later, so it is worth being accurate rather than brief. Second, an arrest, a refusal, a prior removal or a period out of status is not a detail to leave out: the officer usually has the record, and the discrepancy is worse than the fact.
Selection comes with a case number, and the case number determines when the case becomes current — cases are processed in number order within each region as visas become available. A high number in a heavily subscribed region may never become current before the fiscal year ends.
This is why the answer to "when is my interview" is never a date at the start. It is a position, and the position moves.
A selectee abroad completes consular processing: DS-260, documents, medical examination, interview at the embassy or consulate, and the visa if approved.
A selectee who is physically present in the United States and otherwise eligible may instead apply to adjust status under INA 245(a) without leaving. That route keeps the person in the country during the process, but it has its own eligibility rules, and a person out of status or who entered without inspection is usually not eligible for it.
Choosing between them is the decision where an attorney changes the outcome. Leaving the United States with a pending application, or filing to adjust when the route is unavailable, are mistakes that cannot be undone inside one fiscal year.
The documentary package covers identity, civil status and the eligibility you claimed in the entry — including proof of the education or the qualifying work experience. Documents in another language need certified translation. A medical examination by an authorised physician is required, and its validity is limited, so scheduling it too early is as much a problem as scheduling it too late.
Eligibility under the program ends with the fiscal year. The regulation is explicit that under no circumstances may a consular officer issue a visa after the end of the fiscal year during which the applicant possesses diversity visa eligibility. There is no extension, no grace period and no late issuance for a case that was nearly finished.
No. Selection is a place in a queue; the number of visas available each year is capped at 55,000 under INA 201(e), and more people are selected than can be issued visas. Completing the process in time is what determines the outcome.
The Online Immigrant Visa and Alien Registration Application, filed electronically by a selectee pursuing consular processing. It asks about eligibility to immigrate, including criminal and security matters, and the consular officer covers the same ground at the interview.
Not necessarily. A selectee physically present in the United States and otherwise eligible may apply to adjust status under INA 245(a) instead of consular processing. Eligibility for that route is a separate question and depends on how you entered and your current status.
It depends on your case number becoming current within your region, not on a fixed date. Cases are processed in number order as visas become available during the fiscal year.
Eligibility ends with it. A consular officer may not issue the visa after the end of that fiscal year, regardless of how far the case progressed, and the selection cannot be carried into the next year.
$200 for 30 minutes, in English or Russian. Call (305) 315-3425 or email fitenkolaw@gmail.com to schedule, or start with the intake form.
This article is informational only and is not legal advice. Immigration rules, fees and processing times change; confirm current requirements with the agency or with counsel before relying on anything here.
Fitenko Law PLLC, 11555 Heron Bay Blvd, Suite 277, Coral Springs, FL 33076 (main office); 600 Three Islands Blvd, Hallandale Beach, FL 33009 (by appointment only). Phone: (305) 315-3425. Email: fitenkolaw@gmail.com