Understanding DV Lottery and Petition Status

The Petition Status Termination for DV Lottery Applicants

The legal status of a petition in the Diversity Immigrant Visa (DV) program is tied to the petitioner's life. This means that when the petitioner, whether it is the husband or any other sponsor, dies, the petition also ceases to exist. In the case of DV lottery, the selectee, which can be either the petitioner or the sponsored beneficiary, means both individuals.

No Exceptions for DV Lottery

The aforementioned principle holds true for the DV lottery without any exceptions. However, there are specific allowances for certain situations. For instance, a widower of a U.S. citizen who is already residing in the United States can apply if another relative can serve as a substitute sponsor. But this is not applicable to widows or widowers of non-U.S. citizen spouses.

Easing the Process If the Petitioner Dies

While the main petition dies with the death of the petitioner, processing can continue under certain circumstances. If the petition has been submitted and the beneficiaries are already in the United States, they can proceed with their green card applications through USCIS. This demonstrates the flexibility within the U.S. immigration system, allowing the process to continue with other relatives taking over as sponsors, provided the beneficiaries are already in the country.

The Impact on DV Lottery Selection and Visa Status

If a husband who entered the DV lottery process is selected and subsequently dies at any stage before the process is completed, including the entry into the United States after obtaining a visa, the status of the spouse or other derivatives is compromised. Derivatives, such as the spouse or children, cannot enter the United States with a visa unless the main applicant (husband) entered first or with the derivatives. Each stage in the DV lottery process must be successfully navigated for derivatives to enter the U.S.

Steps in the DV Lottery Process

The DV lottery process involves several stages. After registration, the process includes interviews, receiving a visa if successful, and then actually entering the United States. If the main applicant dies at any point before entering the U.S., the entire process is terminated, and no derivatives can enter the U.S. with a visa if the main applicant has passed away.

Conclusion

It's crucial for DV lottery applicants to understand the implications of the death of the main applicant, particularly in terms of the eligibility and processing of derivatives. The U.S. immigration system aims to provide flexibility in certain scenarios, such as if the petitioner is a U.S. citizen or if the beneficiaries are already in the country, but these are exceptions to the general rule that the main applicant's status is terminal in the case of death.

Final Thoughts:

While the DV lottery is designed to increase diversity in U.S. immigration, the DV eligibility and subsequent processing are closely tied to the status and survival of the main petitioner. If a widow or any other beneficiary is concerned about the impact of the death of the main applicant, they should consult with an experienced immigration attorney to navigate this challenging situation and potentially explore alternative sponsorship or other options.

Keywords: DV lottery, widow eligibility, deceased spouse, immigration process