Immigrating to the United States can be a time consuming process requiring the successful completion of numerous steps. The last step following approval of the immigrant visa petition requires the alien to file an application for Permanent Resident (PR; "green card") status. These PR applications can be filed either at a U.S. Consulate (normally located in the alien's home country) or with the USCIS office having jurisdiction over the alien's residence. The first process is called "Consular Processing" while the latter step is called "Adjustment of Status". For reasons explained below, most qualified PR applicants choose to file their PR applications through the USCIS.

By and large, this law will not affect those applying for PR based on employment unless the individual has failed to maintain his/her status in the U.S. and/or entered the U.S. without inspection under certain situations. Up until several years ago, aliens who had failed to maintain their status or otherwise violated their status in the U.S. were not eligible to adjust their status and were required to apply for their PR through a U.S. Consulate. For the past several years and prior to January 14, 1998, otherwise qualified individuals who had failed to maintain their status or otherwise violated their status were eligible to adjust their status if they paid a penalty fee of $1000 in addition to the normal filing fees, under Section 245(i) of the Immigration and Nationality Act. Those persons who filed an AEC of I-140 petition on or before January 14, 1998, are still eligible to file under Section 245(i).

Diversity Lottery Program - The DV Visa

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