Green card lottery starts next week

Thursday, September 27th 2007, 4:00 AM

The green cardD lottery is coming. You can submit your 2009 Diversity Visa (DV) Lottery entries beginning noon, Oct. 3, 2007. The entry period ends at noon, Dec. 2, 2007.

As in recent years, you must submit your entry over the Internet. You may not submit a paper entry.

For information about the DV lottery, go to www.travel.state.gov and click on "DV Lottery Instructions." When you submit your entry, you'll receive an electronic receipt.

You'll need a digitized photo of yourself, plus separate photos of your spouse and children under 21.

Don't wait until the last day to enter - government computers sometimes get overloaded.

Lottery winners will be notified by mail in spring 2008 and will be granted permanent residence during the government's fiscal year, Oct. 1, 2008, to Sept. 30, 2009.

Here are some answers to frequently asked questions on the lottery:

Q. Who is eligible to enter this year's lottery?

A. Natives of all countries except Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, Poland, Russia, South Korea, the United Kingdom and its dependent territories (except Northern Ireland) and Vietnam. People born in Hong Kong SAR, Macau SAR and Taiwan are eligible.

Note: In a change from last year, natives of Ecuador and Guatemala are no longer eligible.

Q. What are the other requirements for a lottery green card?

A. You must have a high school level education from here or abroad. Or you must have worked two of the past five years in a job for which at least two years' training or experience is a normal requirement.

High school equivalency diplomas do not meet this requirement. All the grounds of inadmissibility, that is, bars to permanent residence, apply.

Q. I think I qualify for a lottery green card, but I'm not sure. Should I enter?

A. Yes, enter even if you aren't sure that you qualify. You can worry about your qualifications if you're one of the lucky winners.

Q. Should my spouse and I each file separate applications?

A. All family members who qualify should submit separate lottery applications. If you or your spouse wins, both of you can get green cards.

Q. If I'm here illegally, can I get a lottery green card?

A. Maybe. If you qualify to interview here for permanent residence, the process called adjustment of status, your being here illegally won't keep you from getting a lottery green card.


If, however, you must travel abroad for your permanent residence, you may face a three- or 10-year bar to returning. The law provides for a waiver, but because all lottery green cards must be issued in the fiscal year for which they are allotted, Oct. 1, 2008, to Sept. 30, 2009, you may not have enough time to get the government to process your waiver application.

More on the DV green card lottery next week.

Driver's licenses for the undocumented

Last week, Gov. Spitzer announced that New York State will no longer require legal status to get a driver's license. The new policy is not yet in effect, so you can't yet apply.

Current plans are to allow prior license holders who were barred from renewing because they didn't have a valid Social Security card to apply in December.

Then, in April, the state will allow other undocumented immigrants with foreign passports or other documentation to apply. I'll report more on how undocumented immigrants can get a license as the information becomes available.

Allan Wernick is a lawyer and chairman of the City University of New York Citizenship and Immigration Project. He is the author of "U.S. Immigration and Citizenship - Your Complete Guide, Revised 4th Edition." Send questions and comments to Allan Wernick, Daily News, 450 W. 33rd St., New York, N.Y., 10001. Prof. Wernick's Web site is at www.allanwernick.com.

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