Adjustment of Status Based on the Diversity Visa Lottery

Many people who win the lottery for a Green Card usually submit their applications through a US consulate or embassy in their own country. But, if you happen to be in the US already when you win, you might have the chance to stay and change your status with the help of the U.S. Citizenship and Immigration Services (USCIS).

Read on to learn more about the DV lottery winner adjustment of status and the main rules and requirements.

Table of contents

• The Adjustment of Status Through Diversity Visa: Rules Explained
• The Key Requirements for DV-based Adjustment of Status
• Submitting the Form I-485: Process and Supporting Documents
• USCIS Photo Requirements
• Get a Compliant USCIS Photo Online!
• USCIS Photo App
• The Adjustment of Status Deadline and Waiting Times
• The Adjustment of Status Fees

The Adjustment of Status Through Diversity Visa: Rules Explained

Changing your status to a lawful permanent resident (Green Card holder) in the United States is an option available to some non-U.S. citizens who are already in the country. To qualify for this change, known as “Adjustment of Status for DV lottery winners”, you must have legally entered the United States and qualify for an immigrant visa without any legal reasons preventing you from living in the U.S.

The Key Requirements for DV-based Adjustment of Status

If you want to change your status in the United States through the Diversity Visa (DV) program, it's important to first check if you meet the necessary conditions. Here's a simplified guide to what you need:

• Check your visa requirements. Your eligibility depends on your visa type, such as family-related (for example, if you're the spouse, child, or parent of a U.S. citizen), job-related (if your employer or your business achievements qualify you), or if you have come to the U.S. on a K-1 fiancé visa and then got married. Staying within the legal boundaries of your visa's rules is crucial.
• You must have entered the U.S. legally and lived here without violating any immigration laws.
• It's important that you haven't been involved in illegal activities, such as committing crimes or working without proper authorization.
• Passing the medical examination without any major health concerns is also a requirement.
• If your family is outside the U.S., they might still qualify for the DV, but you'll need to go through a different process with the U.S. Embassy or Consulate.
• Also, be aware of the 90-day rule: if you've been in the U.S. for less than 90 days, your application for adjustment of status may be questioned by the authorities, as it may appear that you misrepresented your original temporary intent to immigrate permanently. It's safer to apply after you've been in the U.S. for more than 90 days.

Submitting the Form I-485: Process and Supporting Documents

When you're ready to apply for a Green Card lottery adjustment of status using Form I-485, you need to carefully follow the process and ensure you have all the necessary documents. Your completed Form I-485 should be sent to the correct USCIS Lockbox Facility or service center. After this, you'll receive a notice about getting your fingerprints scanned or going in for an interview. These fingerprints are for background checks, so it's important to respond quickly to any requests for more information or documents within 12 weeks.

Important documents to include:

• Form I-485. This is the main form for your application. To make sure every section is filled out correctly, use the Form I-485 Filling Instructions.
• Identification documents. You'll need photocopies of your identification, like your current passport, visa, and Form I-94 (Arrival/Departure Record Card), which shows when you arrived and when you're supposed to leave.
• Medical and vaccination records. A medical check-up is required, which must be done by a doctor approved by USCIS. You also need to show your vaccination records to ensure you're up-to-date.
• Financial support proof. In some cases, you might need Form I-134 (Declaration of Financial Support) to show someone is financially supporting you, to prove you won't need public funds. Use the Form I-134 Filling Instructions if necessary.
• Depending on your situation, you may also need to include other documents, such as marriage certificates, birth certificates, proof of your relationship, confirmation of your employment, and proof that you've maintained your visa status.

USCIS Photo Requirements

For your USCIS application, you'll need a photo that matches the rules for U.S. passport photos. To ensure your photo meets USCIS requirements, please follow these guidelines:

• Your USCIS photo size should be 2×2 inches (51×51 mm). Your head should take up most of the space, between 1 and 1.4 inches (25 and 35 mm) of the photo.
• The photo dimensions should be at least 600×600 pixels, but no larger than 1200×1200 pixels. Make sure the photo file is less than 240 KB.
• Use a plain white background for your photo.
• Your entire face should be visible. Look directly at the camera with a neutral face and keep both eyes open.
• The photo must be in color and show true skin tones.
• Your photo must be recent and taken within the last six months.
• Glasses are not allowed, even if you normally wear them.
• Avoid red-eye, heavy shadows, or glare on your face.
• Hats are generally not allowed. If you wear something on your head for religious or medical reasons, it's okay as long as your entire face is visible.
• Don't wear sunglasses or anything that covers your face.
• Make sure you're the only one in the photo, with no other people or objects.

Here is an example:

Get a Compliant USCIS Photo Online!

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Simply use your smartphone or digital camera, stand against a plain white background, snap a picture, and upload it to Visafoto.com. Our service will adjust your photo to meet all the requirements for the USCIS application – ensuring the correct size, facial positioning, format, and background color.

In addition, you will receive your USCIS photo in two formats: a digital copy for online applications and a print-ready template. If the final result doesn’t meet your expectations, we offer a 100% refund.

Visafoto will change the background, adjust the resolution, do some color correction, and crop the photo to the required size.

The original picture:

The pictures you will get:

USCIS Photo App

You can also create a USCIS-compliant picture in no time, right from your smartphone, with the 7ID App by Visafoto.com. The app is designed to make professional-quality photos for IDs, passports, Green Cards, and visas. It is available for both iPhone and Android devices.

Upload your photo to the 7ID app, select the document type and country, and the app will take care of the rest. It automatically adjusts your photo to conform to official USCIS standards, tweaking the size, background, and format. 7ID also prepares your photo for printing in popular sizes such as 4×6, A4, A5, or B5, so you can print it effortlessly.

For critical documents such as USCIS or Green Card applications, check 7ID's Expert Tool which uses cutting-edge technology to fine-tune your photo against any background complexity. And if you have any questions, our 24/7 tech support team is always ready to help.

The Adjustment of Status Deadline and Waiting Times

It is critical to remember that the deadline for your DV lottery change of status is by the end of the fiscal year related to your lottery, usually by September 30. This means submitting Form I-485 to USCIS and finishing all required steps before this date.

The DV lottery adjustment of the status timeline can change based on the application type and where it's being processed. For example, at the moment, waiting times for family-based Green Card applications range from 10 to 23 months.

You can find out how long it may take by checking your nearest USCIS office’s processing times.

The Adjustment of Status Fees

The fees for DV visa adjustment of status depend on various factors, including the forms you need to complete your application.

The main fee for Form I-485 is $1,440. If you're under 14 and applying with one parent's Form I-485, the fee is $950.

For up-to-date information on all fees, please visit the USCIS Fee Calculator page.

Use Visafoto.com and 7ID App professional tools for an ideal USCIS photo to speed up your Adjustment of Status process!

Good luck with your DV Lottery Adjustment of Status application!