Archive-name: us-visa-faq/part6
Last-Modified: June 23, 1994

Currently, the alt.visa.us FAQ is maintained by 
B.G. Mahesh [mahesh@evb.com]

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part6. To get the FAQ by 
E-mail, you should send a message to mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part6
in the body of the message.

Please see part1 of this faq for standard disclaimers.

Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:


                    Labor/GC
                    --------

*Q. How many days/weeks/months does it take to get a Labor Clearance 
   for GC?
A: [from B.G. Mahesh, mahesh@evb.com]
   This depends on the state you reside. After you send in the responses
   for your advertisement it can take anywhere from 4 weeks to 6 months
   [assuming the labor department did not find any problem with your case]

   [from Vijay Rangarajan,vijay@ncsa.uiuc.edu]
   Here is a list of appoximate Labor certification processing time sorted
   statewise. Any additions/modifications should be sent to
   mahesh@evb.com or vijay@ncsa.uiuc.edu.

        California      4 months
        Illinois        1 year
        Louisiana       5 months for Professor
        Maryland        7 months
        Michigan        8+ months
        Missouri        1 year 3 months
        New York        1 year 6 months
        Ohio            1 year 6 months
        Texas           6 months
        Washington      10 months

Q. What is involved in the labor certification? 
A:  [from B.G. Mahesh, mahesh@evb.com]
    o Prepare a job description for the job being offered.
    o Job must be "permanent".
    o Alien must be paid at least the minimum wages prevalent 
      for the job in the geographical area of employment.
    o You need to advertise the job for 10 business days in your office
    o Advertise for 3 consecutive days in a newspaper.
   
    DOL [dept of labor] will send in all the responses they get 
    for your advertisement and your employer needs to justify why 
    you are better than other applicants. If the DOL doesn't approve 
    your labor then you can't apply for labor clearance for the next 
    6 months.

Q. Does the employer need to show the company's finances?
A:  [from B.G. Mahesh, mahesh@evb.com]
    Basically the employer needs to demonstrate that the company is
    financially sound and it can afford to employ you. So your
    employer may have to show the company's finances.

Q. Should I apply for GC together with the H-1B, or after I get the H-1B?
A: [from B.G. Mahesh, mahesh@evb.com]
   You can apply for GC with H-1B but it is advisable to wait for about 
   3-6 months after you get H-1B to apply for GC.

Q: If one were waiting for a GC date to become current,  
   after one got one's labor certification AND the 6 year 
   limit on H-1B expires while waiting, will one have to 
   leave the country ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes, unless you are close enough to getting a green card so
   that your adjustment of status application can be filed, so
   that you may get a work permit through pendency of adjustment
   status.

Q: Will all the GC wait come to a naught in this case , or can 
   one wait for it outside the country ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   You can MOST certainly wait outside the country.
 
Q: When Labor Certification has been recieved, is H-1B still the
   operating visa, or do you fall under some new status ? 
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Mere receipt of labor certification does not change your status.
   You have to apply to the INS for change of status.
    
Q: Can one apply for GC through an employer while on H-1 for 
   another employer?
A: [from Rajiv S. Khanna, rskhanna@immigration.com] 
   Yes.  The labor cert is for a job in future, which is 
   currently available to test the labor market.  It is open 
   for US workers.  The "alien" may only accept it upon receiving 
   his/her permanent residence.  The H-1, however, is for an entirely 
   different job.

Q: Can an applicant qualify for a GC without going through 
   Labor Certification?
A: [from Jaap Akkerhuis, jaap@tempel.research.att.com ]

  To qualify as an outstanding professor or researcher, INS requires
  meeting at least two of six criteria as follows:
 
    (1) Receipt of major prizes or awards for outstanding
        achievement in the academic field.
    (2) Membership in associations requiring outstanding achievements
        for their members.
    (3) Published material in professional publications written by
        others on behalf of the person's work in the academic field.
    (4) Evidence of the person's participation either individually or
        a panel as the judge of work of others in the same or allied
        academic field.
    (5) Evidence of the person's original scientific or scholarly
        research contributions in the academic field.
    (6) Evidence of authorship of scholarly books or articles in
        scholarly journals with international circulation in the
        academic field
 
    In addition, the person must have at least three years of experience 
    in the academic field. Such work while working on an advanced degree 
    is not acceptable unless the person obtained the degree and the person 
    had full responsibility for classes taught or, for research conducted 
    toward the degree, it has been recognized within the academic field as 
    outstanding. Such evidence can be in the form of letter or letters from 
    current or former employers.

    So note that a PhD is not required (I don't have one).

+Q. I have filed an application for change of status. I have a
   non-immigrant visa [eg. H-1B] which will expire next week.
   Most likey I will not be called for my GC interview before
   next week. Should I file for an extension of my non-immigrant
   visa [eg. extension of H-1B visa] ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes, you should file for an extension of your visa asap.

Q: What category spouses of GC holders fall under?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Family preference 2A.
 
Q: What is the waiting period for such cases?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   As of December 1993:
   Appx. 2.5 to 3 years for India.
 
Q: And, I had heard that there was a bill up for vote.  Do you have 
   any information on this?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
    The proposed special noimmigrant "S" visas were never voted 
    on in Congress.  The bill is on the back burner.  

Q: What is the time-frame to get a GC if the spouse is an U.S. citizen?
A: [from B.G. Mahesh, mahesh@evb.com]
   You will get a temporary green card as soon as you marry
   a US citizen. After 2 years that card will get a permanent
   GC [You have to prove/show to INS that the marriage is genuine].

Q. Does a parent (green card holder) who has filed for a green card for
   his/her unmarried child who is under 21 years of age, have to file
   another petition if the child turns 21 while waiting for the green card?
A: [from Suresh, sur@hrojr.hr.att.com]
   NO, the petition is automatically moved from category 2A (unmarried
   children under the age of 21) to category 2B (unmarried children over
   the age of 21--I'm not sure if this category includes married children
   also). The 2B category moves much slower than 2A.

Q: Can GC holders sponsor for their parents GC?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   US GC holder can *only* sponsor his/her spouse and unmarried children.

Q: If I gained lawful permanent resident status (LPR) through a 
    previous marriage, can I petition for my current spouse to immigrate 
    to the US based on my LPR?"
A: [From Brandon Nutter, bnutter@silver.ucs.indiana.edu]
   You may NOT file an I-130 (Petition for Alien Relative) for
 
   E. A husband or wife if you gained lawful permanent resident status
      by virtue of a prior marriage to a United States citizen or lawful
      permanent resident unless:
 
     1) a period of five years has elapsed since you became a lawful
        permanent resident; OR
     2) you can establish by clear and convincing evidence that the
        prior marriage (through which you gained your immigrant status) 
        was not entered into for the purpose of evading any provision of 
        the immigration laws; OR
     3) your prior marriage (through which you gained your immigrant
        status) was terminated by the death of your former spouse.
 

Q: What does "current" mean?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   "Current" means there is no waiting involved.  All people 
    qualified for the category in question can immediately apply 
    for adjustment of status (if within U.S.) or an immigrant visa 
    (if outside the U.S.).

Q: What are the benefits/restrictions of a U.S. Permanent Resident?
A: [from Alberto Molina, alberto@cybernet.cse.fau.edu]

- Ability to leave/enter the U.S. at will without the risk of being
  denied entry by an Immigration official at the port of entry.
- Right to apply for government-sponsored financial aid for education.
- Permission to work in any company located in U.S. territory
  regardless of job function, hours/week, etc. except for some
  companies that only hire U.S. citizens.
- Permission to start own business and create own corporation.
- To keep PR, the person must reside in the U.S. for a minimum number
  of days per year (does anybody know what's the limit?)
- Permanent residents get Social Security benefits when they retire.
- Permanent residents can get into welfare if unable to get a job.
- Permanent residents can sponsor spouse and unmarried children to
  obtain PR status.
- Permanent residency can be revoked if the permanent resident gets
  involved in illegal activities. An example is a case that was discussed 
  in this newsgroup where a permanent resident was deported for drug use.
- Permanent residents cannot vote.


+Q: What are the current requirements of your stay in US to be able to 
   retain the Green Card.
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   There is NO guranteed way a person can retain their green card, 
   unless their permanent residence is IN FACT in the U.S.  It is 
   erroneous to think that so long as you keep visiting U.S. every year, 
   you may retain the GC.  Absolutely not true.  As a matter of practice, 
   INS may not catch you, but they can place you in exclusion proceedings 
   (sort of the first step in cancelling a GC when a GC holder is trying to 
   enter the U.S.) when they do suspect that you are actually not living in 
   the U.S.

   If a GC holder is planning to be away from U.S. for an extended period of
   time, it is best to seek permission from the INS in the form of "Reentry
   Permit" (Form I-131).  Even this does not "Guarantee" retention of a GC,
   but it may be the safest thing under most circumstances.

   Because losing a green card is a serious matter, I strongly advise that
   you seek the guidance of competent counsel for you individual case.

+Q: What are the current requirements of your stay in US to be able to 
   retain the Green Card.
A: [from Rajiv S. Khanna, rskhanna@immigration.com]


+Q. After getting stamped in the passport for employment based immigration,
    how long is an employee required to work with the employer that 
    sponsored the employee for immigration.
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   There is NO prescribed time limit.  There are a couple of considerations 
   that must be borne in mind.  The basis for getting a GC are that you took 
   up a "permanent" position.  If you leave too soon, INS may claim that you 
   did not intend to take the job up on a "permanent" basis.

   "Permanent" does not mean forever.  But it also does not mean that you may 
    leave the day after you get the green card.  Unfortunately, there are no 
    bright line tests in this area.  (Answered 06/24/94 --  Please leave 
    the date in, so people know how recent the answer is.)  It is imeprative 
    that you seek the opinion of competent counsel in this regards.

+Q. Please discuss the consequencies, immediately after obtaining 
    immigration (meaning whithin a day or two).
A: [from Rajiv S. Khanna, rskhanna@immigration.com]

    a. If the employee voluntarily quits/leaves the employer.
       You may have a problem.

    b. If the employer fires the employee for performance related reasons.
       You may have a problem.

    c. If the employer fires the employee because of the personality problems.
       You may have a problem.

    d. If the employer lays-off the employee for economic reasons (lack of
       adequate business or resources).
       You may have a problem.

+Q. If the employer lays-off the employee to avoid payment of the agreed or 
    the promised salary (as stated on the Labor Certification or the Job Ad.) 
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
    You may have a problem.

+Q. Can a Permanent Resident Visa be revoked for any of the above stated 
    reasons?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes

+Q. Under what circumstances can a Permanent Resident Visa be revoked.
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Lots of circumstances: criminal convictions being the foremost; 
   abandonement of permanent residence.
 

   GC Lottery
   ----------

DEPARTMENT OF STATE
Bureau of Consular Affairs
[Public Notice 1974]
Registration for the Diversity Immigrant (DV-1) Visa Program
ACTION: Notice of registration for the first year of the Diversity
Immigrant Visa Program
     This public notice provides information on the application
procedures for the 55,000 immigrant visas to be made available in
the DV-1 category during Fiscal Year 1995.  This notice is issued
pursuant to 22 CFR 42.33 which implements Sections 201(a)(3),
201(e), 203(c) and 204(a)(1)(G) of the Immigration and Nationality
Act, as amended, (8 U.S.C. 1151, 1153, and 1154).  Final
regulations related to this Notice are being published
simultaneously with this Notice elsewhere in this issue of the
Federal Register. 
Information on the Application Procedures for the 55,000 Immigrant
Visas To Be Made Available in the DV-1 Category During Fiscal Year
1995
     Sections 201(a)(3), 201(e), 203(c) and 204(a)(1)(G) of the
Immigration and Nationality Act, as amended, taken together
establish, effective for Fiscal Year 1995 and thereafter, an annual
numerical limitation of 55,000 for diversity immigrants.  Aliens
who are natives of countries determined by the Attorney General
according to a mathematical formula specified by the law will be
able to compete for immigration under this limitation.  This
program is identified by the visa symbol DV-1 and is informally
known as the "visa lottery."  The law specifies that there must be
a separate registration for each year's DV-1 visas.  This
information concerns the application period during 1994 for visas
to be issued during fiscal year 1995.
Qualifying Countries and Areas Under the DV-1 Program
     The law apportions immigrant visa issuance among six
geographic regions (Africa, Asia, Europe, North America - other
than Mexico, Oceania, and South America including Mexico, Central
America, and the Caribbean) according to a formula based on total
immigrant admissions over the most recent five-year period.  The
formula identifies both high and low admission regions and high
admission foreign states.  A greater share of the available visa
numbers go to low admission regions than to high admission regions. 
High admission states are excluded entirely from the program.  No
single country may receive more than 7 percent (3,850) of the
world-wide total of visa numbers.
     The U.S. Attorney General determines and publishes separately
the countries whose natives (as that term is explained in question
1) are entitled to apply for DV-1 visas during Fiscal Year 1995. 
According to the law, countries are grouped by region (see list at
the end of this notice).  The allotment of visa numbers for each
region is shown in parenthesis below:
     AFRICA:(20,200)          All countries.
     ASIA: (6,837)            All countries EXCEPT the following:
                              China - mainland born and Taiwan
                              born, India, Philippines, Vietnam,
                              and South Korea. (Hong Kong is
                              eligible).
     EUROPE: (24,549)         All countries EXCEPT the following:
                              United Kingdom and its dependent
                              territories. (Northern Ireland is
                              eligible).
     NORTH AMERICA: (8)       Canada is not eligible.  The Bahamas
                              is the ONLY eligible country
                              included in the North American
                              region.
     SOUTH AMERICA: (2,589)   All countries EXCEPT Mexico,
                              Jamaica, El Salvador and the
                              Dominican Republic.
     OCEANIA: (817)           All Countries.
How and When to Apply for DV-1 Status
     The application period for registration for the visas to be
issued during Fiscal Year 1995 (i.e. from October 1994 through
September 1995) will begin at 12:01 a.m. (Eastern Time) on
Wednesday, June 1, 1994, and will end at midnight on  Thursday,
June 30, 1994.  Applications must be typed or clearly printed and
mailed to one of the six following addresses, depending upon the
region of the applicant's native country:
     NOTE CAREFULLY THE IMPORTANCE OF USING THE CORRECT
     POSTAL ZIP CODE FOR EACH REGION.
     ASIA:                    DV-1 Program
                              National Visa Center
                              Portsmouth, NH 00210, U.S.A.
     SOUTH AMERICA:           DV-1 Program
                              National Visa Center 
                              Portsmouth, NH 00211, U.S.A.  
     EUROPE:                  DV-1 Program
                              National Visa Center
                              Portsmouth, NH 00212, U.S.A.
     AFRICA:                  DV-1 Program
                              National Visa Center
                              Portsmouth, NH 00213, U.S.A.
     OCEANIA:                 DV-1 Program
                              National Visa Center
                              Portsmouth, NH 00214, U.S.A.
     NORTH AMERICA:           DV-1 Program
                              National Visa Center
                              Portsmouth, NH 00215, U.S.A.
     Typed or clearly printed in the Roman alphabet in the upper
left hand corner of the front of the envelope must be the country
or area of which the applicant is a native.  Typed or clearly
printed below the country must be the same name and mailing address
of the applicant as are shown on the application form contained
therein.  Failure to include this information will disqualify the
application.
     Example:  Pakistan, George Q. Public, 1234 Any Street, Apt. 5,
Center City, CA 90001.
     Only one application may be submitted by or for each applicant
during this registration period.  (Submission of more than one
application will disqualify the person from registration.) 
Applications for registration will be grouped by region and will be
selected strictly in a random order from among all those received
during the application period.  Every application received will
have an equal chance of being selected.  
     Applications must be sent to the addresses above by regular
mail or air mail only, and may be mailed from within the United
States or abroad.  The information required on the envelope must be
typed or clearly printed.  Any applications submitted by hand,
telegram, FAX, or by any means requiring any form of special
handling or acknowledgement of receipt, such as registered mail,
express mail, or certified mail will not be eligible for the visa
lottery.            Applications received at the post office either
before or after the application period, or delivered to any other
address will not be processed for registration.  Only one
application may be included in each envelope.
Size of Envelope
     The envelope in which each application is mailed must be
BETWEEN 6 inches and 10 inches (15 cm to 25 cm) IN LENGTH, and
BETWEEN 3  inches and 4  inches (9 cm to 11 cm) IN WIDTH.  This is
necessary to assist the automated processing of the mail. 
INFORMATION WHICH MUST BE INCLUDED WITH APPLICATION FOR
REGISTRATION
     There is no application fee or special application form.  The
request for registration in the lottery must furnish the following
information on a plain sheet of paper.  All answers must be typed
or clearly printed in the Roman alphabet.
     Each application must be in the following format:
     1.  APPLICANT'S FULL NAME 
     Last Name, First Name and Middle Name
     (Underline Last Name/Surname/Family name)
               Example:  Public, George Quincy
     2.  APPLICANT'S DATE AND PLACE OF BIRTH
     Date of birth:  Day, Month, Year
               Example:  15 November 1961
     Place of birth:  City/Town, District/County/Province, Country
               Example:  Munich, Bavaria, Germany
     3.  NAME, DATE AND PLACE OF BIRTH OF APPLICANT'S SPOUSE AND 
     CHILDREN, IF ANY 
     The spouse and child(ren) of an applicant who is registered
for  DV-1 status are automatically entitled to the same status.  To
     obtain a visa on the basis of this derivative status, a child
     must be under 21 years of age and unmarried.  NOTE: Do NOT
 list parents as they are not entitled to derivative
 status.
     4.  APPLICANT'S MAILING ADDRESS
     The mailing address must be clear and complete, since it will
be   to that address that the notification letter for the persons
who  are registered will be sent.  A telephone number is optional.
     5.  APPLICANT'S NATIVE COUNTRY IF DIFFERENT FROM COUNTRY OF
 BIRTH
     See the answer to Question 1 in this notice regarding the
meaning of "native" for the purposes of the DV-1 program.
FREQUENTLY ASKED QUESTIONS ABOUT DV-1 REGISTRATION
1.   HOW IS THE TERM "NATIVE" DEFINED?  ARE THERE ANY BASES UPON
WHICH PERSONS WHO HAVE NOT BEEN BORN IN A QUALIFYING COUNTRY MAY
QUALIFY FOR REGISTRATION?
     Native means BOTH someone born within one of the qualifying
     countries AND someone entitled to be "charged" to such country
     under the provisions of Section 202(b) of the Immigration and 
     Nationality Act.  Applicants for DV-1 registration may be
     charged to the country of birth of a spouse; a minor dependent
     child can be charged to the country of birth of a parent; and
     an applicant born in a country of which neither parent was a
     native or a resident at the time of his/her birth may be
     charged to the country of birth of either parent.  An
     applicant who claims the benefit of alternate chargeability
     must include a statement to that effect on the application for
     registration, and must show the country of chargeability on
     the upper left hand corner of the envelope in which the
     registration request is mailed.
2.   MAY PERSONS WHO ARE IN THE U.S. APPLY FOR REGISTRATION?
     Yes, an applicant may be in the U.S. or in another country,
     and the application may be mailed in the U.S. or abroad.
3.   IS EACH APPLICANT LIMITED TO ONLY ONE APPLICATION DURING THIS
DV-1 REGISTRATION PERIOD?
     Yes, the law allows only ONE application BY OR FOR each
     person; SUBMISSION OF MORE THAN ONE APPLICATION WILL
     DISQUALIFY THE PERSON FROM REGISTRATION.  NOTE: More than
     400,000 applications were DISQUALIFIED during the 1993 and
     1994 visa lotteries due to multiple applications.  Applicants
     may be disqualified at time of registration or at the time of
     the visa interview if more than one entry is detected.
4.   MAY A HUSBAND AND A WIFE EACH SUBMIT A SEPARATE APPLICATION?
     Yes, if otherwise qualified, a husband and a wife may each
     submit one application for registration; if either is
     registered, the other would be entitled to derivative status.
5.   MUST EACH APPLICANT SUBMIT HIS/HER OWN REQUEST, OR MAY SOMEONE
ACT ON BEHALF OF AN APPLICANT?
     Applicants may prepare and submit their own request for
     registration, or have someone act on their behalf.  Regardless
     of whether an application is submitted by the applicant
     directly, or is assisted by an attorney, friend, relative,
     etc., ONLY ONE APPLICATION MAY BE SUBMITTED IN THE NAME OF
     EACH PERSON.  Only one notification letter will be sent for
     each case registered, to the address provided on the
     application.
6. WHAT ARE THE REQUIREMENTS FOR EDUCATION OR WORK EXPERIENCE?
     The law and regulations require that every applicant must have
     at least a high school education or its equivalent or, within
     the past five years, have two years of work experience in an
     occupation requiring at least two years training or
     experience.  A "high school education or equivalent" is
     defined as successful completion of a twelve-year course of
     elementary and secondary education comparable to that of a
     high school degree in the United States.  Qualifying work
     experience shall be based upon the most recent edition of the
     Dictionary of Occupational Titles published by the Employment
     and Training Administration of the United States Department of
     Labor. 
     Documentary proof of education or work experience should NOT
     be submitted with the application, but must be presented to
     the consular officer at the time of formal immigrant visa
     application.
7.   HOW WILL CASES BE REGISTERED?
     At the National Visa Center all mail received will be
     separated into one of six geographic regions and individually
     numbered.  After the end of the application period, a computer
     will randomly select cases from among all the mail received
     for each geographic region.  Within each region, the first
     letter randomly selected will be the first case registered,
     the second letter selected the second registration, etc.  It
     makes no difference whether an application is received early
     or late in the application period; all applications received
     within the mail-in period will have an equal chance of being
     selected within each region.  When a case has been registered,
     the applicant will immediately be sent a notification letter,
     which will provide appropriate visa application instructions. 
     The National Visa Center will continue to process the case
     until those who are registered are instructed to make formal
     application at a U.S. consular office or at an INS office in
     the United States in the case of those who are entitled to
     apply for change of status.  The National Visa Center will
     provide additional instructions on what steps to take to
     pursue their applications for DV-1 visas.  
8.   MAY APPLICANTS ADJUST THEIR STATUS WITH THE INS?
     Yes, provided you are otherwise eligible to adjust status, if
     you are physically present in the United States you may apply
     to the Immigration and Naturalization Service (INS) for
     adjustment.  Applicants who adjust, however, must first mail
     completed forms OF-230, Part I, and DSP-122 to the National
     Visa Center.  Applicants should ensure that INS can complete
     action on their cases before September 30, 1995, since on that
     date registrations in the Fiscal Year 1995 DV-1 program
     terminate.
9.   WILL APPLICANTS WHO ARE NOT REGISTERED BE INFORMED?
     No, applicants who are not registered will receive no response
     to their registration request.  Only those who are registered
     will be informed.  All notification letters are expected to be
     sent within about three months of the end of the application
     period.  Anyone who does NOT receive a letter will know that
     his/her application has not been registered.
10.  HOW MANY APPLICANTS WILL BE REGISTERED?
     A total of about 90,000 persons, both principal applicants and
     their spouses and children, will be registered.  Since it is
     likely that some of the first 55,000 persons who are
     registered will not pursue their cases to visa issuance, this
     larger figure should ensure use of all DV-1 numbers, but it
     also risks some registrants' being left out.  All applicants
     who are registered will be informed promptly of their place on
     the list.  Each month visas will be issued, according to
     registration lottery rank order, to those applicants who are
     ready for visa issuance during that month.  Once all of the
     fiscal year 1995 visas have been issued, the program for the
     year will end.  Registered applicants who wish to receive
     visas must be prepared to ACT PROMPTLY on their cases. 
11.  IS THERE A MINIMUM AGE FOR APPLICANTS FOR REGISTRATION UNDER
THE DV-1 PROGRAM?
     There is NO minimum age for submission of an application for
     registration, but the requirement of a high school education
     or work experience for each principal applicant at the time of
     visa issuance will effectively disqualify most persons who are
     under age 18. 
12.  WILL THERE BE ANY SPECIAL FEE FOR REGISTRATION IN THE DV-1
CATEGORY?
     There is NO FEE FOR SUBMITTING A REQUEST FOR REGISTRATION, and
     NO FEE should be included with the letter sent to the post
     office box indicated above.  Furthermore, there is no fee for
     applicants who come to be registered through the lottery.
13. ARE DV-1 APPLICANTS SPECIALLY ENTITLED TO APPLY FOR A WAIVER OF
ANY OF THE GROUNDS OF VISA INELIGIBILITY?
     No.  Applicants are subject to all grounds of ineligibility
     specified in the Immigration and Nationality Act and there is
     no special provision for the waiver of any grounds of visa
     ineligibility other than those provided for in the Act.
14. MAY APPLICANTS WHO ARE ALREADY REGISTERED FOR AN IMMIGRANT VISA
IN ANOTHER CATEGORY APPLY IN THIS REGISTRATION FOR THE DV-1
CATEGORY?
     Yes, such persons may seek DV-1 status through this
     registration as well.
15. HOW LONG DO APPLICANTS WHO ARE REGISTERED ON THE BASIS OF THIS
APPLICATION PERIOD REMAIN ENTITLED TO APPLY FOR VISAS IN THE DV-1
CATEGORY?
     Under the law, persons registered following this DV-1
     application period are entitled to apply for visa issuance
     ONLY DURING FISCAL YEAR 1995, i.e., from October 1994 through
     September 1995.  There is no carry-over of benefit into
     another year for persons who are registered but who do not
     obtain visas during FY-1995.
     THERE IS ABSOLUTELY NO ADVANTAGE TO MAILING EARLY, OR MAILING
     FROM ANY PARTICULAR LOCALE.  EVERY APPLICATION RECEIVED DURING
     THE MAIL-IN PERIOD WILL HAVE AN EQUAL CHANCE OF BEING SELECTED
     AT RANDOM WITHIN ITS REGION.  HOWEVER MORE THAN ONE
     APPLICATION PER PERSON WILL DISQUALIFY THE PERSON FROM
     REGISTRATION. ALSO, FAILURE TO INCLUDE THE APPLICANT'S NATIVE
     COUNTRY AND FULL NAME AND ADDRESS ON THE ENVELOPE WILL
     DISQUALIFY THE APPLICATION.

Countries of the world divided into the six regions defined in
section 203(c)(1)(F) of the Immigration and Nationality Act of 1990

               (1)  Africa

                    Algeria
                    Angola
                    Benin
                    Botswana
                    Burkina
                    Burundi
                    Cameroon
                    Cape Verde
                    Central African Republic
                    Chad
                    Comoros
                    Congo
                    Cote d'Ivoire (Ivory Coast)
                    Djibouti
                    Egypt
                    Equatorial Guinea
                    Eritrea
                    Ethiopia
                    Gabon 
                    Gambia, The
                    Ghana
                    Guinea
                    Guinea-Bissau
                    Kenya
                    Lesotho
                    Liberia
                    Libya
                    Madagascar
                    Malawi
                    Mali
                    Mauritania
                    Mauritius
                    Morocco
                    Mozambique
                    Namibia
                    Niger
                    Nigeria
                    Rwanda
                    Sao Tome and Principe
                    Senegal
                    Seychelles
                    Sierra Leone
                    Somalia
                    South Africa
                    Sudan 
                    Swaziland
                    Tanzania
                    Togo
                    Tunisia
                    Uganda
                     Zaire
                    Zambia
                    Zimbabwe

               (2)  Asia

                    Afghanistan
                    Bahrain
                    Bangladesh
                    Bhutan
                    Brunei
                    Burma
                    Cambodia
                    China-mainland
                    China-Taiwan (a "state" within the meaning   
                                  of the Act)
                    Hong Kong (a "state" within the meaning of   
                               the Act)
                    India
                    Indonesia
                    Iran 
                    Iraq
                    Israel
                    Japan
                    Jordan
                    Korea, North
                    Korea, South
                    Kuwait

                    Laos
                    Lebanon
                    Malaysia
                    Maldives
                    Mongolia
                    Nepal
                    Oman
                    Pakistan
                    Philippines
                    Qatar
                    Saudi Arabia
                    Singapore
                    Sri Lanka
                    Syria
                    Thailand
                    United Arab Emirates
                    Vietnam
                    Yemen

               (3)  Europe

                    Albania
                    Andorra
                    Armenia
                    Austria
                    Azerbaijan
                    Belarus
                    Belgium
                    Bosnia and Herzegovina
                    Bulgaria
                    Croatia
                    Cyprus
                    Czech Republic
                    Denmark
                    Estonia
                    Finland
                    France
                    Georgia            
                    Germany
                    Greece
                    Hungary
                    Iceland
                    Ireland
                    Italy
                    Kazakhstan
                    Kyrgyzstan
                    Latvia
                    Liechtenstein
                    Lithuania
                    Luxembourg
                    Macedonia, The Former Yugoslav Republic of
                    Malta
                    Moldova
                    Monaco
                    Montenegro (a "state" for purposes of the    
                                Act; Serbia and Montenegro have  
                                proclaimed the formation of a    
                                joint independent state, but     
                                this entity has not been         
                                formally recognized as a state   
                                by the United States.)
                    Netherlands
                    Northern Ireland (a "state" within the       
                                      meaning of the Act)
                    Norway
                    Poland
                    Portugal
                    Romania
                    Russia
                    San Marino
                    Serbia (a "state" for purposes of the Act;   
                            Serbia and Montenegro have           
                            proclaimed the formation of a joint  
                            independent state, but this entity   
                            has not been formally recognized as  
                            a state by the United States.)
                    Slovakia
                    Slovenia
                    Spain
                    Sweden
                    Switzerland
                    Tajikistan
                    Turkmenistan
                    Turkey
                    Ukraine
                    United Kingdom
                    Uzbekistan
                    Vatican City (an independent city under the  
                                  jurisdiction of the Holy See)

               (4)  North America

                    Bahamas, The
                    Canada
                    United States

               (5)  Oceania

                    Australia
                    Fiji
                    Kiribati
                    Marshall Islands
                    Micronesia, Federated States of
                    Nauru
                    New Zealand
                    Palau
                    Papua New Guinea
                    Solomon Islands
                    Tonga
                    Tuvalu
                    Vanuatu
                    Western Samoa

               (6)  South America, Mexico, Central America, and
                    the Caribbean

                    Antigua and Barbuda
                    Argentina
                    Barbados
                    Belize
                    Bolivia
                    Brazil
                    Chile 
                    Colombia
                    Costa Rica
                    Cuba
                    Dominica
                    Dominican Republic
                    Ecuador
                    El Salvador
                    Grenada
                    Guatemala
                    Guyana
                    Haiti
                    Honduras
                    Jamaica
                    Mexico
                    Nicaragua          
                    Panama
                    Paraguay
                    Peru
                    St. Kitts and Nevis
                    St. Lucia
                    St. Vincent and the Grenadines
                    Suriname
                    Trinidad and Tobago
                    Uruguay
                    Venezuela

     As indicated above, the regulations pertaining to this Notice
are being published in this issue of the Federal Register, and
contain detailed information regarding the DV-1 program.  

     ______________________            __________________
             DATED                            Mary A. Ryan
                                         Assistant Secretary for
                                           Consular Affairs

DV-1 Public Notice

Drafted:                 Cleared:
CA/VO/F/P:JWCarter       CA/VO/F/:GCLannon
3/21/94                  CA/VO/L:CDScully
Ext. 31175               CA/VO/P:AMarwitz
WWVOFPL 8416             CA/VO/F/I:SStapleton
wordperfect 5.1 DIVNOT.w51 CA/VO/F/P:DSkocz
                         CA/P:RWilliams
                         L/CA:CBrown
                         CA/VO:MHancock
                         CA/VO:DDillard
                         CA:DHobbs     

______________________                 ________________________
        DATED                               David L. Hobbs
                                        Acting Assistant Secretary     
                                          for Consular Affairs

------------------------------------------------------

                      US Citizenship
                      --------------

Q: What is the time-frame to get U.S. citizenship if the spouse is
   an U.S. citizen?
A: [from Ashish Nedungadi, ashish@eng.umd.edu]
   The spouse of a US citizen gets a CONDITIONAL green card "immediately"
   after marriage.  After 2 years, the conditionality of this green card
   is removed(after successfully proving to INS that the marriage is
   legitimate).  The spouse is eliglible for his/her citizenship after
   3 years of receiving the CONDITIONAL green card. 
   In a nutshell,
   3 years after obtaining one's green card(including the CONDITIONAL one)

   If you want to get more technical ["technical" may not be
   the right word :-)]
  [from Rajiv S. Khanna, rskhanna@immigration.com]
  (a) Any person whose spouse is a citizen of the United States may by
      naturalized upon compliance with all the requirement of this title 
      except the provisions of paragraph (1) of section 316(a) if such 
      person immediately preceding the date of filing his application for 
      naturalization has resided continuously, after being lawfully admitted 
      for permanent residence, within the United States for at least three 
      years, and during the three years immediately preceding the date of 
      filing his application has been living in marital union with the 
      citizen spouse, who has been a United States citizen during all of 
      such period, and has been physically present in the United States 
      for periods totaling at least half of that time and has resided
      within the State or the district of the Service in the United States 
      in which the applicant filed his application for at least three months.


Q: Who can apply for U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Persons who are 18 years of age or older, who are lawfully 
   admitted permanent resident aliens and who meet certain 
   requirements (see question 3) may apply for citizenship. 
   Aliens who have served in the armed forces of the U.S. are 
   eligible for citizenship under special provisions.

Q: When can I apply for U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Five years from the date of entry as a lawful permanent resident. 
   If married to and living with citizen spouse in marital union for 
   atleast 3 years before filing the application, the residence period 
   is shortened to 3 years. You can file the application one month 
   before the residence requirement is met. Also, you have to be a 
   resident for 3 months in the state or INS district where you 
   are filing the application.

Q: What are the requirements for U.S. Citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   There are four main requirements that must be met by every applicant.
          (a) Basic literacy in the English language.
          (b) Knowledge of U.S. history.
          (c) Five years of residency in the U.S.
          (d) Good moral character.

Q: Under what conditions can I be denied U.S. citizenship?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
      (a) If you advocate or if you are a member of any organization 
          that is opposed to organized government (i.e., if you preach 
          and practice anarchy).
      (b) Membership in communist organizations.
      (c) If you advocate the overthrow of the U.S. Government by force, 
          sabotage, violence or terrorism.
      (d) If you publish any material advocating the methods of item (c).
      (e) Exemption from services in the armed forces of the U.S. 
          (unless the alien status does not permit the individual to 
           serve on the armed forces or if the alien had served in the 
           armed forces of his/her own country).
      (f) Desertion from military forces and draft evasion results in 
          permanent ineligibility for citizenship.

Q: Can citizenship once granted be revoked?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   You bet. 

*Q: Under what conditions can my citizenship be revoked?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   If your behavior is not well disposed to the good order and happiness 
   of the U.S. or if you concealed your wartime activities when applying 
   for visas to enter the U.S. after World War II. Also, for example you do 
   one of the following:
      (a) Refusal to testify before a congressional committee regarding 
          alleged subversive activities within 10 years after becoming a 
          U.S. citizen.
      (b) Establish permanent foreign residence within 1 year after becoming 
          a U.S. citizen
      (c) Membership in an outlawed organization within 5 years after becoming 
          a citizen.

   Denaturalization proceedings may be instituted against you for (a)-(c).

REFERENCES:
[1] Nancy-Jo Merritt, "Understanding Immigration Law," Makai Publishing group,
Scottsdale, Arizona, 1993.

Q. Where can I get some information on dual citizenship?
A: [From Rich Wales, richw@mks.com]

  * Using FTP
     Connect to mks-gate.mks.com
     get the file /usr/richw/dualcit

  * Using E-Mail
     Send a message to richw@mks.com with the subject "send dualcit".
     The body of the message can be blank, but you must type the subject
     line as indicated.



-- 
B.G. Mahesh                     | Email: mahesh@evb.com
Software Engineer         |        mahesh@sett.com
EVB Software Engineering, Inc.  | FAQ maintainer of alt.visa.us
