General Instructions: How to Avoid Diversity Visa (DV) or Green Card Lottery Fraud or Scams

General Instructions: How to Avoid Diversity Visa (DV) or Green Card Lottery Fraud or Scams

Recently, the Department of State (DOS), Office of Visa Services, issues another fraud warning advising the public of a substantial increase in fraudulent emails and letters sent to Diversity Immigrant Visa (DV) program (Visa Lottery)(also known as “green card lottery”) applicants. Posing as the U.S. government, these fraudulent letters and e-mails request DV applicants for payment of fees. In addition, the scammers will also claim that, for a fee, they can increase a person’s chances of winning the green card lottery; or that people from ineligible countries can still “qualify” to enter the lottery.

Green Card lottery is one of the U.S. green card programs to allow the lottery winners to apply for immigrant visas to live and work in the U.S. as green card holders. Each year, the State Department conducts a lottery through its DV program to distribute applications for 50,000 immigrant visas. PLEASE NOTE, winners are selected randomly, and there is no fee to enter the lottery.

The DOS reminds the public that DV-2012 applicants will not receive any letter of notification from the U.S. government. DV-2012 applicant must check their status online, and that DV Entry Status Check will only be provided through the DOS secure online site, at http://www.dvlottery.state.gov/

DOS has issued Frequently Asked Questions to educate green card lottery applicants or potential applicants from becoming victims of green card lottery fraud. For more information, please visit http://travel.state.gov/visa/immigrants/types/types_1749.html . Some examples of the DOS’ advice include:

A. How do I know if a website or email is from the U.S. government?

When surfing the internet on the U.S. government, the DOS advises the public that:

Internet sites ending in the “.gov” top-level domain suffix are official government websites. Official U.S. government email addresses also end in “.gov,” and any visa-related correspondence coming from an address that does not end with “.gov” should be considered suspect.
To link directly to the more than 200 U.S. Embassy and Consulate websites, visit www.usembassy.gov. Visa information on official U.S. government websites ending in “.gov” is official and correct.
The main U.S. government websites containing official visa and immigration information, including free information and forms, are:

U.S. Embassy and Consulate websites: http://www.usembassy.gov/
Department of State, Consular Affairs travel website: http://travel.state.gov
Department of State, Diversity Visa Lottery website: http://www.dvlottery.state.gov
Department of Homeland Security (DHS): http://www.dhs.gov
DHS, U.S. Citizenship and Immigration Services: http://www.uscis.gov
DHS, U.S. Customs and Border Protection: http://www.cbp.gov
DHS, Immigration and Customs Enforcement: http://www.ice.gov
Department of Labor: http://www.doleta.gov

B. Is immigration information on other websites official?

Even though some non-governmental websites provide legitimate and useful immigration- and visa-related information and services, these information may not be correct or up-to-date. The public should, therefore, always verify the information with an official U.S. government source. Visa applicants are advised to be cautious in all dealings with companies that claim to offer any assistance in obtaining U.S. visas.

Regardless of the content of other websites, the Department of State does not endorse, recommend, or sponsor any information or material shown on non-governmental websites (e.g., addresses ending with “.com,” “.org” or “.net”).

C. How do I recognize fraudulent websites and emails posing as U.S. government?

Some websites and emails try to mislead customers and members of the public into thinking they are official U.S. government websites.

These fraudulent or misleading e-mails or websites ARE NOT from the U.S. government because they do not have the “.gov” suffix on their addresses.

D. What is the purpose of these fraudulent websites and emails?

The purpose of these green card lottery fraudulent websites and emails are to defraud money from the public. For examples:

Some of these fraudulent websites or e-mails may require payment for immigration and visa services. If payment is made to a non-governmental source, this payment is not received by the U.S. government and does not apply toward visa processing. Sometimes these costs are for information or forms that are otherwise available for free on official U.S. government websites.

The imposter websites and emails cannot provide the services they advertise and for which they require payment. For example, many fraudulent emails promise U.S. visas or “green cards” in return for a large fee. Please note, only the U.S. government has the authority to approve U.S. visas and green cards. These non-governmental, unofficial organizations are not able to provide these services.
The fraudulent websites or e-mails may request personal information which could result in identity fraud or theft.
E. Where do I get official information on the Diversity Visa program and how do I check my status?

The only official information on green card lottery program is from the U.S. government websites ending in “.gov,” such as http://travel.state.gov or http://www.dvlottery.state.gov. The only official way to apply for the green card lottery is directly through the official U.S. Department of State website during the specified and limited registration period.

DV program entrants must check their status of their DV lottery entry online at http://www.dvlottery.state.gov:

DV 2011: Entrants who completed online DV-2011 entries between October 2, 2009, and November 30, 2009, and who were selected in the random drawing were notified by the Department of State, Kentucky Consular Center, by letter. Entrants can also check the status of their entries at http://www.dvlottery.state.gov from July 1, 2010, until June 30, 2011, using the information from their DV-2011 confirmation page saved at the time of DV entry. For successful DV 2011 entrants, the diversity immigrant visa application process must be completed and visas issued by September 30, 2011.

DV 2012: Entrants who completed online DV-2012 entries will not receive notification letters from the Kentucky Consular Center, and must check the status of their entries at http://www.dvlottery.state.gov between May 1, 2011, and June 30, 2012.

Notice: The U.S. Department of State’s Kentucky Consular Center DOES NOT E-MAIL NOTIFICATIONS to green card lottery entrants informing them of their winning entries. No other organization or private company is authorized to notify DV applicants of their winning entries, or the next steps in the process. Imposters frequently contact DV applicants asking for money or personal information through websites, emails, and letters. Entrants should only refer to the online status check at http://www.dvlottery.state.gov or instructions on http://travel.state.gov for official information about the DV process. For more information about the Diversity Visas review the Department of State, Diversity Visa Program webpage.

To learn more about DV or green card lottery scams, please see the Federal Trade Commission Warning at http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt003.shtm .

F. Where can I find information on international financial scams?

For additional information on international scams involving internet dating, inheritance, work permits, overpayment, and money-laundering, please visit the International Financial Scams page at http://travel.state.gov/travel/cis_pa_tw/financial_scams/financial_scams_3155.html

G. How do I report internet fraud or unsolicited email?

If a person wishes to file a complaint about internet fraud, please visit http://econsumer.gov/ . econsumer.gov is a joint effort of consumer protection agencies from 17 nations, hosted by the Federal Trade Commission.

In addition, a person can also visit the Federal Bureau of Investigation (FBI) Internet Crime Complaint Center (IC3) website at http://www.ic3.gov/default.aspx.

If a person wishes to file a complaint about unsolicited email, please contact the U.S. Department of Justice at http://www.justice.gov/spam.htm .

Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and exceptional ability.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Immigrating to the U.S. Through Green Card Lottery [Diversity Immigrant Visa Program (DV Lottery)]

Each year, the Diversity Immigrant Visa (DV) Program (DV lottery)(also known as green card lottery) makes 50,000 immigrant visas available to eligible applicants who are selected in the lottery. To qualify for the lottery, an applicant must be a native of one of the listed country; and have the U.S. equivalent of a high school diploma, or have 2 years of related experience in the last 5 years in an occupation that requires at least 2 years of experience or training.

The initial DV lottery submission is absolutely free.

The U.S. Department of State (DOS) advises that there are many websites posing as the U.S. government and charging fees for this online submission. Applicants should be wary of websites posting as the U.S. government. Only applicants who win the lottery will be required to, eventually, pay any visa or other fees set by and to the U.S. government.

For applicants who seek help to submit a DV lottery entry using “Visa Agents”, Visa Consultants” or other individuals (collectively, Facilitator), the DOS further advises applicants to be present during the online DV lottery submission to ensure that all his/her personal information is entered accurately, and to retain the confirmation page containing the unique confirmation number because some Facilitators may extort money in exchange for the confirmation number. The confirmation number is the ONLY way for an applicant to verify if (s)he has been selected in the DV lottery and further procedures.

While applicants are free to seek help, most applicants submit this initial part of the DV lottery application on their own. Some winning applicants do seek out help from lawyers in preparing for their visa interviews since the information and documentation required for the visa interview is a bit more detailed than the initial free online submission.

If an applicant can meet these requirements, they can submit their entries online free at http://www.dvlottery.state.gov/ . Each applicant will be required to electronically submit photographs and information about themselves, their spouse, and unmarried children under the age of 21. The information required of each applicant and their family members includes, but are not limited to:

1. FULL NAME – Last/Family Name, First Name, Middle name
2. DATE OF BIRTH – Day, Month, Year
3. GENDER – Male or Female
4. CITY WHERE YOU WERE BORN
5. COUNTRY WHERE YOU WERE BORN – The name of the country should be that which is currently in use for the place where you were born.
6. COUNTRY OF ELIGIBILITY OR CHARGEABILITY FOR THE DV PROGRAM – Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. If you were born in a country that is not eligible for the DV program, please review the instructions to see if there is another option for country chargeability available for you. For additional information on chargeability, please review DOS DV 2012 Instructions under “Frequently Asked Question #1”.
7. MAILING ADDRESS – In Care Of, Address Line 1, Address Line 2, City/Town, District/Country/Province/State, Postal Code/Zip Code, and Country
8. COUNTRY WHERE YOU LIVE TODAY
9. PHONE NUMBER (optional)
10. E-MAIL ADDRESS – provide an e-mail address to which you have direct access. You will NOT receive an official selection letter at this address. However, if your entry is selected and you respond to the notification of your selection through the Entry Status Check, you will receive follow-up communication from the Kentucky Consular Center (KCC) by e-mail notifying you that details of your immigrant visa interview are available on Entry Status Check.
11. WHAT IS THE HIGHEST LEVEL OF EDUCATION YOU HAVE ACHIEVED, AS OF TODAY? You must indicate which one of the following represents your own highest level of educational achievement: (1) Primary school only, (2) High school, no degree, (3) High school degree, (4) Vocational school, (5) Some university courses, (6) University degree, (7) Some graduate level courses, (8) Master degree, (9) Some doctorate level courses, and (10) Doctorate degree
12. MARITAL STATUS – Unmarried, Married, Divorced, Widowed, or Legally Separated
13. NUMBER OF CHILDREN – Entries MUST include the name, date, and place of birth of your spouse and all natural children. Entries must also include all children legally adopted by you, and stepchildren who are unmarried and under the age of 21 on the date of your electronic entry , even if you are no longer legally married to the child’s parent, and even if the spouse or child does not currently reside with you and/or will not immigrate with you. Note that married children and children 21 years or older are not eligible for the DV; however, U.S. law protects children from “aging out” in certain circumstances. If your electronic DV entry is made before your unmarried child turns 21, and the child turns 21 before visa issuance, he/she may be protected from aging out by the Child Status Protection Act and be treated as though he/she were under 21 for visa-processing purposes. Failure to list all children who are eligible will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview. See DOS DV 2012 Instructions under Frequently Asked Question #11.
14. SPOUSE INFORMATION – Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and Photograph. Failure to list your eligible spouse will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview. You must list your spouse here even if you plan to be divorced before you apply for a visa.
15. CHILDREN INFORMATION – Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and Photograph: Include all children declared in question #13 above.

When an applicant completes the online lottery application, they will get a confirmation number which they should print out. This confirmation number will be the only means by which the applicant will learn of their having won the lottery. Entry into each year’s DV Lottery is allowed only during a limited period of time. The period to apply for the 2011 and 2012 DV lottery has already closed. The entry period for the 2013 DV lottery will be announced on this website.

Once the application is submitted online, applicants can check the status of their DV lottery application online at www.dvlottery.state.gov . 2011 DV lottery winners have already been notified that they won. 2012 DV lottery winners will only find out that they have won by using the Entry Status Check section of the DV lottery website and how to proceed on their applications. Non-winning entries will learn of their non-selection using the Entry Status Check online system as well. The entry status check portion of the above website will provide winning applicants with a link to further instructions on how to proceed on their applications if they are selected.

If you would like more information on the DV lottery, please consult the website above or contact an immigration attorney.

Author: Aaron Hurlock, an Immigration Paralegal with about 10 years of professional immigration experience.

Editor & Contributor: Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.