Chapter 3 - Documentation and Evidence
A principal applicant should submit the following documentation and evidence to adjust status as a Diversity Immigrant Visa (DV) Program selectee:[1]
- Application to Register Permanent Residence or Adjust Status (Form I-485), with the correct fee;
- Copy of the selection letter from the U.S. Department of State’s (DOS) Electronic Diversity Visa Program webpage;
- Copy of the receipt from DOS for the DV Program processing fee;[2]
- Evidence the applicant meets the education or work experience requirement for a DV;
- Two passport-style photographs;
- Copy of government-issued identity document with photograph;
- Copy of the applicant’s birth certificate;
- Copy of passport page with nonimmigrant visa (if applicable);
- Copy of passport page with admission or parole stamp (if applicable);
- Copy of Arrival/Departure Record (Form I-94) or copy of U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable);[3]
- Evidence of continuously maintaining a lawful status since arriving in the United States;
- Any other evidence, as needed, to show that an adjustment bar does not apply or that the applicant qualifies for an exemption;
- Report of Immigration Medical Examination and Vaccination Record (Form I-693);
- Certified police and court records of criminal charges, arrests, or convictions (if applicable);
- Application for Waiver of Grounds of Inadmissibility (Form I-601), or other form of relief (if applicable);
- Documentation of past or present J-1 or J-2 nonimmigrant status, including proof of compliance with or waiver of the 2-year foreign residence requirement under INA 212(e) (if applicable);
- Request for Waiver of Certain Rights, Privileges, Exemptions, and Immunities (Form I-508) (only if the applicant currently holds A, G, or E nonimmigrant status and has certain diplomatic privileges and immunities because of that status); and
- Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (Form I-566) (only if the applicant has A, G, or NATO nonimmigrant status).
Although DV adjustment applicants do not need to file an Affidavit of Support Under Section 213A of the INA (Form I-864), the public charge ground of inadmissibility still applies. Therefore, officers should still review whether the applicant is likely to become a public charge.[4]
In addition to the above documentation and evidence, a spouse or child who is filing as a derivative adjustment applicant should submit the following evidence:
- A copy of documentation showing the relationship to the principal applicant, such as a marriage certificate, birth certificate, or adoption decree (if applicable); and
- A copy of documentation showing that the principal applicant included the derivative applicant(s) in their DV entry for the current fiscal year (if the relationship existed before the date of the DV entry).
Footnotes
[^ 1] For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 4, Documentation [7 USCIS-PM A.4]. See instructions to Application to Register Permanent Residence or Adjust Status (Form I-485).
[^ 2] See 22 CFR 42.33(i).
[^ 3] Aliens admitted to the United States by CBP at an airport or seaport after April 30, 2013, may be issued an electronic Form I-94 by CBP instead of a paper Form I-94. Aliens may visit CBP’s Arrival/Departure Forms: I-94 and I-94W webpage to obtain a paper version of their electronic Form I-94. CBP does not charge a fee for this service.
[^ 4] See INA 212(a)(4)(B). For information on public charge inadmissibility determinations, see Volume 8, Admissibility, Part G, Public Charge Ground of Inadmissibility [8 USCIS-PM G].