FILIPINOS ARE NOT ELIGIBLE FOR UPCOMING VISA LOTTERY

By Michael J. Gurfinkel, Esq.

Recently, the Department of State (DOS) published instructions in connection with the 2010 Diversity Immigrant Visa Program (DV-2010). Under this program, a maximum of 55,000 diversity visas are available each year (through a random lottery selection) to persons from countries with low rates of immigration to the United States.

However, people from countries with high rates of immigration to the U.S. (i.e. countries sending more that 50,000 immigrants to the U.S. over the past five years) are not eligible for the DV-2010 program. The DOS specifically lists the Philippines as among the countries whose citizens are not eligible to apply for the Diversity Immigrant Visa Program. This is because the Philippines has clearly sent more than 50,000 immigrants to the U.S. in the previous 5 years.

The reason I bring this up is that during previous DV registration periods, I saw ads in various Filipino newspapers offering “assistance” to people in connection with applying for a Diversity Visa. If you are from the Philippines, you simply are not eligible to even apply. Therefore, paying somebody to assist you in applying for an immigration benefit that you are not entitled to will be a waste of your time and money. In addition, if these “fixers” try to make it appear that you are from a country that is eligible for the program, you will be committing fraud, which could result in a lifetime ban.

The bottom line is that Filipinos are not eligible for the Diversity Immigrant Visa Program. No matter how enticing it may seem to apply, you should not do so. The same is true with other immigration benefits for which you may not be eligible: if you are not eligible, don’t waste your time, money, and future by applying. If you do come across some kind of immigration program or benefit, and you think you may be eligible, I would recommend that you seek the advice of a reputable attorney, who could analyze your situation and eligibility, and let you know if you are truly entitled to that particular immigration benefit.