Chapter 2 - Eligibility Requirements

A. General

To adjust to lawful permanent resident (LPR) status based on a Diversity Immigrant Visa (DV), an applicant must meet the eligibility requirements shown in the table below.^[1]

B. Eligibility to Receive an Immigrant Visa

All applicants for adjustment of status must be eligible to receive an immigrant visa.^[8] To be eligible to receive a DV, a noncitizen must be selected by the U.S. Department of State (DOS) in its annual DV Program for the fiscal year in which the noncitizen applies to adjust status.^[9]

1. DV Program Eligibility

To be eligible to register with DOS for the DV Program,^[10] a noncitizen must be a native of an eligible low-admission foreign country^[11] and have at least:

• A high school education^[12] (or its equivalent); or
• 2 years of work experience within the last 5 years before applying for a visa in an occupation that requires at least 2 years of training or experience.^[13]

Low-Admission Foreign Country 

A low-admission foreign country is a country from which the United States admitted 50,000 or fewer immigrants during the prior 5 fiscal years as determined by DHS.^[14]

Countries from which the United States admitted more than 50,000 immigrants during the previous 5 fiscal years are high-admission countries.^[15] Natives of high-admission countries are ineligible for DVs.^[16]

Each fiscal year, DHS uses historical immigration data to identify high-admission and low-admission foreign countries and regions.^[17] DHS then applies a statutory formula to this historical information to determine the exact distribution of DVs across six geographic regions for the upcoming fiscal year:^[18]

• Africa; 
• Asia; 
• Europe; 
• North America; 
• Oceania; and 
• South America, Mexico, Central America, and the Caribbean.^[19]

Approximately 55,000 DVs are available worldwide each fiscal year, and this number is subject to adjustment.^[20] Regions whose admission total is greater than one-sixth of the worldwide total are high-admission regions.^[21] A greater share of the available visa numbers goes to low-admission regions.^[22]

Each year, DOS provides a list of eligible countries grouped by geographic region in the DV Program Instructions available on the Diversity Visa Instructions webpage.

Native and Cross-Chargeability

Native means someone born within a DV-eligible country.^[23] A noncitizen may still be able to participate in the DV Program if the noncitizen is entitled^[24] to be charged to (or counted toward) a country other than the one where the noncitizen was born for visa allocation purposes.^[25]

Some DV Program entrants may benefit from charging their visas to their spouse’s or parents’ countries of birth rather than their own, as outlined in the table below. This is known as cross-chargeability.^[26]

A DV Program entrant must properly identify the country of eligibility or chargeability in their entry.^[33]

Education or Work Experience Requirement

For DV purposes, high school education or its equivalent means the successful completion of a 12-year course of elementary and secondary education in the United States or successful completion in another country of a formal course of elementary and secondary education comparable to a high school education in the United States.^[34]

Evidence may consist of a certificate of completion equivalent to a U.S. diploma, original school transcripts, or other evidence issued by the person or organization responsible for maintaining such records, that specify the completed course of study.^[35] Equivalency certificates (such as the General Educational Development (GED)) do not satisfy the education requirement.^[36]

Noncitizens applying for a DV on the basis of work experience must, within the past 5 years, have 2 years of experience in an occupation requiring at least 2 years of training or experience.^[37] Officers may use the U.S. Department of Labor’s O*NET OnLine database, in combination with other relevant evidence, to determine qualifying work experience.^[38] Qualifying occupations are classified in a Specific Vocational Preparation range of 7.0 or higher on O*NET OnLine.^[39]

2. DV Program Selection

Selections for the DV Program are made by DOS through a two-step process:

• Noncitizens from DV-eligible countries enter an annual online registration for the DV Program held by DOS;^[40] and
• DOS conducts a random drawing.

DOS hosts an online registration for the DV Program each year. The online registration period must be at least 30 days^[41] and is usually held between October and November of the fiscal year before the fiscal year in which the DVs will be issued.^[42] For example, the registration period for DVs to be issued in fiscal year 2023 took place between October 6 and November 9, 2021. Eligible noncitizens may submit only one entry per registration period.^[43] If a person submits more than one entry during a single registration period, all entries submitted by that person are void.^[44]

Once the online registration period closes, DOS uses a computer-generated, random drawing to determine which of the DV Program entrants may proceed with the next step in applying for a DV.^[45] Generally, beginning the May after the registration period, entrants can check their status on the DOS’s Electronic Diversity Visa Program webpage to see if they were selected to apply for a DV. Entrants selected to apply for DVs see a selection letter when they access the Electronic Diversity Visa Program webpage.^[46] An entrant selected to apply for a DV is called a selectee. Selectees who are already in the United States may file applications with USCIS to adjust status, or they may apply for immigrant visas abroad if they plan to seek an immigrant visa from DOS and consular process.^[47]

Selection for the DV Program does not guarantee issuance of a DV or admission into the United States. Selection for the DV Program also does not guarantee eligibility to apply for and be granted adjustment of status. Unused DVs cannot be carried over from one fiscal year to the next.^[48] Therefore, a selectee applying for adjustment of status must be allocated a visa number by DOS and adjust status by September 30 (the last day) of the fiscal year for which the DV Program selection is valid.

For example, if the noncitizen became a selectee for fiscal year 2021, they would need to become an LPR by September 30, 2021. After September 30, a selectee is no longer eligible for a DV and may not adjust status. Since some selectees will be ineligible for a DV or will not complete the DV process in the time allotted, DOS usually chooses more DV Program selectees than there are available visas. Consequently, not all selectees will have a visa number available.^[49]

C. Visa Availability

An adjustment of status applicant must have an immigrant visa immediately available at the time of filing the adjustment application and at the time of final adjudication.^[50]

1. Rank Numbers and the Visa Bulletin

For selectees present in the United States, a selectee’s rank number determines when an immigrant visa number is immediately available both for purposes of filing for adjustment of status and for purposes of visa allocation.^[51] DOS assigns each selectee a specific rank number, which is tied to a specific regional area, in the DV selection letter.^[52] For example, a selectee who is a native of Albania receives a rank number for the Europe region.

DOS is responsible for allocating all numerically limited immigrant visas, including DVs. DOS publishes a monthly report of visa availability referred to as the Visa Bulletin. DOS, in coordination with USCIS, revises the Visa Bulletin each month to estimate immigrant visa availability for prospective immigrants. DOS publishes the Visa Bulletin before the beginning of the month it takes effect. For example, DOS publishes the Visa Bulletin for March in mid-February.^[53]

The Visa Bulletin includes two charts concerning DV rank numbers and visa availability:^[54]

• The current month’s DV availability chart; and
• The advance notification chart with DV availability for the next month.

These two charts determine when a selectee may file for adjustment of status and when DOS may allocate an immigrant visa number so that USCIS may approve an otherwise eligible DV-based adjustment application.

2. When Selectees May File for Adjustment of Status

DV numbers are available for purposes of visa allocation only for selectees with rank numbers below the cut-off numbers in the current month’s DV availability chart. The advance notification chart provides a preview of upcoming rank number cut-offs to help ensure timely filing and adjudication of DV adjustment applications.

A selectee may file an adjustment of status application when the selectee’s rank number is below the appropriate regional rank number cut-off in either:

• The current month’s DV availability chart; or
• The advance notification chart for the next month.^[55]

Although a selectee may file an adjustment application based on the advance notification chart, USCIS cannot approve an adjustment application unless and until DOS allocates a DV based on the current month’s chart.

3. When USCIS May Approve Adjustment of Status Applications

USCIS may only approve an otherwise eligible adjustment of status application if the selectee has a visa number immediately available and DOS allocates a visa number for the applicant’s case. When a rank number is listed in the current month’s DV availability chart of the Visa Bulletin, it means visa numbers are available for DOS to allocate to selectees with rank numbers below that month’s specified cut-off number.

There may be months when one or more of the DV regions are listed as current on the Visa Bulletin. This means visas are currently (or immediately) available to all selectees for that region regardless of rank number. On the other hand, if the annual limit for DVs has been reached and no more DVs can be allocated, the category will become unavailable in the Visa Bulletin. If DVs become unavailable after the Visa Bulletin is published, it is not updated mid-month, but DOS notifies USCIS of the unavailability of DVs within a region or specific country of birth.

4. Reading the Visa Bulletin Charts for DV Adjustment of Status

This section provides examples of past Visa Bulletin DV allocation and advance notification charts to clarify the adjustment of status process for DV-based applicants.

DV Allocation and Advance Notification of DV Availability

The Visa Bulletin for March 2019 published the DV allocation chart for March 2019, which also included the advance notification chart for April 2019. The below table includes data from those two charts.

The table below is an example of the cut-off number system. Only selectees with visas available and allocated are eligible to have their applications approved if they are otherwise eligible for adjustment. The Visa Bulletin for March 2019 states that the rank number cut-off for visa allocation in March for the Europe region is 13,500.^[56] This means that as of March 2019, visas were available only for selectees in the Europe region with rank numbers 1 through 13,499.

The Visa Bulletin for March 2019 above shows that the advance notification cut-off for April 2019 for the Europe region would be 18,500. Selectees for the Europe region with rank numbers 13,500 through 18,499 (above the allocation rank number cut-off (13,500) and below the advance notification cut-off number (18,500)) were eligible to file their adjustment applications as soon as the Visa Bulletin for March 2019 was published, on or about February 8, 2019. However, USCIS could not approve those adjustment applications until April 1, 2019, when DOS allocated visa numbers.

Example: DV-Based Adjustment of Status Using the DV Allocation Chart

This table shows the DV allocation chart in the Visa Bulletin for March 2019:

The table below is an example of the timeline for a DV-based adjustment of status applicant whose visa is available in March 2019.

Example: DV-Based Adjustment of Status Using the Advance Notification Chart

This table shows the advance notification chart for April 2019 (in the Visa Bulletin for March 2019):

The table below is an example of the timeline for a DV-based adjustment of status applicant who uses the advance notification chart.

D. Bars to Adjustment

DV selectees are ineligible for adjustment of status if any of the bars to adjustment of status apply.^[57]

E. Admissibility and Waiver Requirements

An adjustment applicant must be admissible to the United States as an immigrant at the time adjustment of status is granted. DV adjustment applicants are subject to all grounds of inadmissibility except the labor certification requirement.^[58]

In general, an adjustment applicant who is inadmissible to the United States may only obtain LPR status if the applicant obtains a waiver or other form of relief, if available.^[59] If a waiver or other form of relief is granted, USCIS may approve the application to adjust status if the applicant is otherwise eligible and warrants a favorable exercise of discretion.

F. Treatment of Family Members

1. Family Members

The spouse or child^[60] of a principal DV applicant may accompany or follow-to-join the principal applicant if the spouse or child is otherwise eligible.^[61] However, the principal applicant must include their spouse existing at the time of registration, and all natural-born children, adopted children, or stepchildren, existing at the time of registration in the principal applicant’s online entry for the DV Program.^[62] The principal applicant’s spouse and children must be listed in the DV Program entry even if they do not reside with or do not intend to immigrate with the principal applicant.^[63]

If a principal applicant did not include their spouse and child(ren) in the DV Program entry, as is required by DOS,^[64] generally, USCIS denies the principal and any derivative applicant’s DV-based adjustment application.^[65]

If a principal applicant had a child after submitting an online entry for the DV Program, the natural born child is still eligible to accompany or follow-to-join the principal applicant if the child is born of a marriage that existed at the time of the principal’s admission or adjustment to LPR status.^[66]

If a principal applicant married, had a child, acquired a stepchild, or adopted a child after submitting an online entry for the DV Program but before becoming an LPR, the spouse and children are still eligible to accompany or follow to join the principal applicant. In addition, a child born into a marriage in existence at the time the principal becomes an LPR may also accompany or follow to join. Likewise, an adopted child who is not able to accompany the principal because the 2-year legal custody and joint residence requirements have not yet been met, may accompany or follow to join if those requirements are met before the end of the fiscal year.^[67] If the principal applicant adjusted status before the marriage or adoption occurred, the principal applicant may petition for their spouse or children through the family-based petition process.

Spouses and children who derive status from a DV application can only obtain visas in the DV category during the same fiscal year in which the principal applicant was admitted or adjusted status. Derivative applicants cannot follow to join after the end of the fiscal year in which the principal applicant was admitted or adjusted status.^[68]

2. Child Status Protection Act

The Child Status Protection Act (CSPA)^[69] provides protections for certain children who turn 21 (age out) before they obtain lawful permanent residence.^[70] DV derivatives are among the children who may be afforded age-out protection. To determine if a DV derivative adjustment applicant should be treated as a child for purposes of adjustment of status, the officer should:

• Determine the date on which an immigrant visa became immediately available for visa processing for the principal DV adjustment applicant;
• Determine the derivative DV adjustment applicant’s biological age on the date the visa became available for visa processing;
• Calculate the pending time, that is, the number of days from the start of the DV Program registration period to the date of the DV selection letter; and
• Subtract the pending time from the derivative’s biological age on the date the visa became available for visa processing.^[71]

The calculation outlined above provides the child’s CSPA age. If the CSPA age is under 21 years, the child may adjust as a derivative child.

Age at time of visa availability – Pending time = CSPA Age

In the example above, the officer should subtract the 7 months that the DV Program entry was considered pending (October 1, 2017, through May 1, 2018) from the derivative child’s age on November 1, 2018.

21 years and 4 months – 7 months = 20 years and 9 months

Therefore, the DV derivative’s CSPA age is under 21 years.

3. Death of a DV Selectee

If a selectee dies before they adjust status, the spouse and any children of the deceased selectee are not eligible to adjust status.^[72] The Immigration and Nationality Act (INA) provides protections for some applicants who are surviving family members of deceased petitioners or principal beneficiaries of visa petitions, but these protections do not apply to DV adjustment of status cases.^[73]

Footnotes

[^ 1] See INA 245(a) and INA 245(c). See 8 CFR 245. See the instructions for the Application to Register Permanent Residence or Adjust Status (Form I-485).

[^ 2] See Part B, 245(a) Adjustment, Chapter 2, Eligibility Requirements, Section A, “Inspected and Admitted” or “Inspected and Paroled” [7 USCIS-PM B.2(A)].

[^ 3] See Part A, Adjustment of Status Policies and Procedures, Chapter 3, Filing Instructions, Section B, Definition of Properly Filed [7 USCIS-PM A.3(B)].

[^ 4] See Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review, Section C, Verify Visa Availability [7 USCIS-PM A.6(C)].

[^ 5] See INA 245(c). For more information on the bars to adjustment, see Part B, 245(a) Adjustment [7 USCIS-PM B].

[^ 6] For more information, see Volume 8, Admissibility [8 USCIS-PM] and Volume 9, Waivers and Other Forms of Relief [9 USCIS-PM].

[^ 7] See INA 245(a). For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 10, Legal Analysis and Use of Discretion [7 USCIS-PM A.10] and Part B, 245(a) Adjustment [7 USCIS-PM B].

[^ 8] See Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review [7 USCIS-PM A.6] and Part B, 245(a) Adjustment, Chapter 2, Eligibility Requirements, Section C, Eligible to Receive an Immigrant Visa [7 USCIS-PM B.2(C)].

[^ 9] DOS is responsible for administering the DV registration and selection process. See INA 204(a)(1)(I).

[^ 10] A noncitizen’s eligibility for a DV is only confirmed by a USCIS officer at the time USCIS adjudicates the adjustment application (or by a consular officer if the noncitizen applies for a DV outside the United States). See 22 CFR 42.33(g). See 9 FAM 502.6-3, Diversity Visa Eligibility.

[^ 11] See INA 203(c)(1)(E). See 22 CFR 42.33(a)(1).

[^ 12] See 22 CFR 42.33(a)(2).

[^ 13] See INA 203(c)(2).

[^ 14] See INA 203(c)(1)(A) and INA 203(c)(1)(B)(ii)(II).

[^ 15] See INA 203(c)(1)(A) and INA 203(c)(1)(B)(ii)(I).

[^ 16] See INA 203(c)(1)(E)(i).

[^ 17] As defined in INA 203(c)(1)(A) and INA 203(c)(1)(B).

[^ 18] See INA 203(c)(1)(E). See 22 CFR 42.33(f). No single country may receive more than 7 percent of the DVs available in any fiscal year. See INA 203(c)(1)(E)(v).

[^ 19] See INA 203(c)(1)(F).

[^ 20] The Immigration Act of 1990 (IMMACT 90) provided for 55,000 DVs each fiscal year. See IMMACT 90, Pub. L. 101-649 (PDF) (November 29, 1990). See INA 201(e). However, starting in fiscal year 1999, Congress temporarily reduced the number of DVs worldwide by allocating some of the 55,000 DVs available every fiscal year to immigrants admitted to the United States under the Nicaraguan Adjustment and Central American Relief Act (NACARA). See Section 203(d) of the NACARA, Pub. L. 105-100 (PDF), 111 Stat. 2160, 2199 (November 19, 1997), as amended by Section 5104(c) of the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31 (PDF) (December 22, 2023). While this temporary offset has been approaching zero, it is still in place and, as amended, some of the immigrant visas set aside under NACARA may be allocated to certain special immigrants. See Section 5104(c) of the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31 (PDF) (December 22, 2023).

[^ 21] See INA 203(c)(1)(B)(i)(I).

[^ 22] See INA 203(c)(1)(E).

[^ 23] See 9 FAM 502.6-3(b)(3), Native.

[^ 24] See INA 202(b).

[^ 25] See 9 FAM 502.6-3(b)(3), Native. DOS must track how many DVs are counted or charged to a specific country so that country does not use more visas than were allocated to that country. See 9 FAM 502.6-3(b)(1)(b), Formula for Identifying Qualifying DV Countries.

[^ 26] See INA 202(b). See 9 FAM 502.6-4(a)(2), DV Chargeability. For general information about cross-chargeability rules, see Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review, Section C, Verify Visa Availability, Subsection 7, Cross-Chargeability [7 USCIS-PM A.6(C)(7)]. All members of a DV family are charged to the same DV region as the principal applicant.

[^ 27] See 9 FAM 502.6-4(a)(2)(c), DV Chargeability.

[^ 28] See 9 FAM 502.6-4(a)(2)(c), DV Chargeability.

[^ 29] See 9 FAM 502.6-4(a)(2)(d), DV Chargeability.

[^ 30] See INA 202(b)(4).

[^ 31] See INA 202(b)(1).

[^ 32] See INA 202(b)(2). See 9 FAM 502.6-4(a)(2)(a), DV Chargeability. For more on accompanying and following to join, see Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review, Section C, Verify Visa Availability, Subsection 6, Derivatives [7 USCIS-PM A.6(C)(6)].

[^ 33] See 22 CFR 42.33(b)(1)(iv).

[^ 34] See INA 203(c)(2)(A). See 22 CFR 42.33(a)(2).

[^ 35] See 9 FAM 502.6-3(c)(3), Education Requirements. Diplomas must be certified, and original academic transcripts must be translated.

[^ 36] See 9 FAM 502.6-3(c)(3), Education Requirements.

[^ 37] See INA 203(c)(2)(B).

[^ 38] See 9 FAM 502.6-3(d)(2), Work Experience Evaluation.

[^ 39] See 9 FAM 502.6-3(d)(2), Work Experience Evaluation.

[^ 40] See 22 CFR 42.33(b). See DOS’s Diversity Visa Instructions webpage for more information.

[^ 41] See 22 CFR 42.33(b)(3).

[^ 42] The federal fiscal year is October 1 through September 30.

[^ 43] See 22 CFR 42.33(a)(4).

[^ 44] See INA 204(a)(1)(I)(i). See 22 CFR 42.33(a)(4).

[^ 45] See 22 CFR 42.33(c).

[^ 46] DOS does not notify successful entrants by hardcopy letter or email. Entrants should beware of potentially fraudulent emails and letters indicating selection for the DV Program. For more information, see DOS’s Fraud Warning webpage.

[^ 47] This Part G primarily addresses adjustment of status. For more information about adjustment of status as an alternative to consular processing, see Part A, Adjustment of Status Policies and Procedures, Chapter 1, Purpose and Background [7 USCIS-PM A.1]. For more information on consular processing, see DOS’s Immigrate webpage.

[^ 48] See INA 204(a)(1)(I)(ii)(II). See 22 CFR 42.33(d).

[^ 49] For example, there were more than 14.6 million qualified entries for the fiscal year 2018 DV Program. DOS selected approximately 115,968 DV entrants for the 50,000 DVs available. The larger pool of selectees ensures that all 50,000 DV numbers are used each fiscal year. See DOS’s DV 2018 – Selected Entrants webpage.

[^ 50] See INA 245(a)(3).

[^ 51] The term visa allocation as used here refers to the actual issuance of a visa number for purposes of adjudicating an adjustment of status application to completion rather than to advance notification. Note that for selectees outside the United States, a rank number determines when a selectee may file their application for a DV and when a visa number can be allocated.

[^ 52] See 22 CFR 42.33(c).

[^ 53] The allocations in the Visa Bulletin charts for numerically limited visa categories are based, to the extent possible, on demand for visas as reported by DOS and USCIS. See Section A, Statutory Numbers for Preference Immigrant Visas, in the Visa Bulletin. For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review, Section C, Verify Visa Availability, Subsection 4, Department of State Visa Bulletin [7 USCIS-PM A.6(C)(4)].

[^ 54] The Visa Bulletin charts are used by selectees in the United States applying for adjustment of status and selectees outside the United States who need to obtain visas and apply for admission through consular processing.

[^ 55] The advance notification system also means that some selectees may file for adjustment of status before the beginning of the relevant fiscal year. Specifically, September Visa Bulletins provide advance notification for October in the next fiscal year, which means that a selectee could file for adjustment of status before the fiscal year begins based on the advance notification chart. For example, the Visa Bulletin for September 2017 (which is the last month in fiscal year 2017) had an advance notification chart for October 2017 (which is the first month in fiscal year 2018).

[^ 56] Sometimes DOS assigns a different cut-off number to one or more individual countries in a region. For example, in the March 2019 Visa Bulletin, Egypt, which is in the Africa region, had a cut-off number of 12,600, while the cut-off number for the rest of the Africa region was 15,300.

[^ 57] See INA 245(c). For more information on the bars to adjustment, see Part B, 245(a) Adjustment [7 USCIS-PM B]. The adjustment bars only apply to those seeking adjustment under INA 245(a). In some cases, certain noncitizens barred from adjusting under INA 245(a) may still be eligible to adjust under INA 245(i). For more information, see Part C, 245(i) Adjustment [7 USCIS-PM C].

[^ 58] See INA 212(a)(5)(D). DV adjustment applicants are subject to the public charge ground of inadmissibility but diversity visas are issued under INA 203(c), which does not fall under INA 212(a)(4)(C) or INA 212(a)(4)(D). DV adjustment applicants are not required to submit an Affidavit of Support Under Section 213A of the INA (Form I-864). See Volume 8, Admissibility, Part G, Public Charge Ground of Inadmissibility, Chapter 6, Affidavit of Support Under Section 213A of the INA, Section C, Applicants Not Required to File Form I-864, Subsection 3, Other Categories of Applicants Not Required to File Form I-864 [8 USCIS-PM G.6(C)(3)].

[^ 59] See INA 212(a) for the specific grounds of inadmissibility. See Volume 8, Admissibility [8 USCIS-PM] and Volume 9, Waivers and Other Forms of Relief [9 USCIS-PM].

[^ 60] See INA 101(b)(1) (defining a child as an unmarried person under 21 years of age).

[^ 61] See INA 101(a)(27)(C) and INA 203(d). Even if a spouse or child is born in a non-qualifying country, the spouse or child may still immigrate based on a DV if eligible to accompany or follow to join a principal DV adjustment applicant. See INA 202(b)(1) and INA 202(b)(2). See 9 FAM 502.6-4(a)(2)(a), DV Chargeability. For more information on accompanying and following to join, see Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review, Section C, Verify Visa Availability, Subsection 6, Derivatives [7 USCIS-PM A.6(C)(6)]. Derivative spouses and children are counted against the annual numerical DV limit. See INA 201(e), INA 203(d), and INA 245(b).

[^ 62] See 22 CFR 42.33(b)(1)(v). See 9 FAM 502.6-4(b)(2)(c), Derivatives. DV Program entrants do not need to list spouses or children who are already U.S. citizens or lawful permanent residents in their online registration entries.

[^ 63] See 22 CFR 42.33(b)(1)(v). See 9 FAM 502.6-4(b)(2)(c)(i), Derivatives.

[^ 64] See 22 CFR 42.33(b)(1)(v). See 9 FAM 502.6-4(b)(2)(c)(iii), Derivatives.

[^ 65] The DOS instructions to submit an entry for the DV Program specifically direct that entries must include the name, date, place of birth, and photographs of the applicant’s spouse and all natural children. If the principal applicant does not include the information as required by DOS, the principal and derivatives are not qualified as DV immigrants and therefore USCIS denies these DV-based adjustment applications. See 22 CFR 42.33(b)(1)(v). See 9 FAM 502.6-4(b), Diversity Visa Entries and Applications. See DOS’s Diversity Visa Instructions webpage. See INA 204(a)(1)(I)(iii) and INA 245(a)(2).

[^ 66] See Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review, Section C, Verify Visa Availability, Subsection 6, Derivatives [7 USCIS-PM A.6(C)(6)]. See 22 CFR 42.53(c). See 9 FAM 502.6-4(b)(2)(c)(iii), Derivatives.

[^ 67] See 9 FAM 502.6-4(b)(2)(c)(iii), Derivatives. An adopted child who was not able to accompany the principal because the 2-year legal custody and joint residence requirements had not yet been met when the principal immigrated may become eligible to follow-to-join the principal. This may apply in cases where the child still qualifies as a “child” once the legal custody and joint residence requirements are met. See Matter of Y- K- W- (PDF), 9 I&N Dec. 176 (A.G. 1961). See Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review, Section C, Verify Visa Availability, Subsection 6, Derivatives [7 USCIS-PM A.6(C)(6)]. See INA 204(a)(1)(l)(ii)(II).

[^ 68] See 9 FAM 502.6-4(h), Following-to-Join Applicants.

[^ 69] See Pub. L. 107-208 (PDF) (August 6, 2002).

[^ 70] See INA 203(h). A derivative child must continue to be unmarried to be classified as a child for immigration purposes. For more information on the CSPA, see Part A, Adjustment of Status Policies and Procedures, Chapter 7, Child Status Protection Act [7 USCIS-PM A.7].

[^ 71] See 9 FAM 502.1-1(D)(4), Calculation of CSPA Age.

[^ 72] See 9 FAM 502.6-4(b)(3)(b), Death of Principal Entrant.

[^ 73] See INA 204(l)(2).