Adjustment of Status in the United States
When the Diversity Visa Selectee is Already in the United States
How do I find out if I can Adjust Status if I am in the United States?
To determine whether or not you may adjust status to obtain permanent residence through the Diversity Immigrant Program, while physically present in the United States, learn more on the U.S. Citizenship and Immigration Services (USCIS) website. The option to adjust status in the United States may not be available to all applicants.
I am Eligible to Adjust Status, Now What do I do?
If USCIS confirms your eligibility to adjust status you should print this message and take it to your local USCIS office. USCIS will provide instructions on how to proceed. It will not be necessary for you to contact the Kentucky Consular Center (KCC) for any further information or instructions if you are eligible and apply to adjust status in the United States.
If USCIS determines that you are eligible to adjust status you will be required to pay a non-refundable diversity visa fee directly to the Department of State. This fee is assessed to cover the cost incurred by the Department in running the DV Program and is separate from any fees you will need to pay USCIS as part of your adjustment application. You must pay the diversity visa fee for yourself and for each member of your immediate family who plans to adjust status with you in the United States.
You must complete payment of the Diversity Visa fee before processing your case can continue. Follow the instructions on the Adjustment of Status Fee Payment webpage. Bring the receipt that is mailed back to you to your interview at USCIS. Please include your DV case number on your cashier’s check or postal money order. The address on the receipt form should be used only for fee payment.
Can my spouse and children still apply under the Diversity Visa program?
When you adjust status in the United States, if your spouse and/or children live outside the U.S., they may be eligible to apply for Diversity Immigrant Visas at a U.S. Embassy or Consulate abroad, if they were listed on your Diversity Visa online entry, with few exceptions. However, the U.S. Embassy or Consulate cannot process your family members' applications until notification is received from USCIS advising that you have adjusted status.
Note: USCIS will not automatically notify the U.S. Embassy or Consulate that you have adjusted status and that your family members will apply abroad for their visas to join you. You must request USCIS to notify the U.S. Embassy or Consulate where your family intends to apply, and the U.S. Embassy or Consulate will provide all further instructions. (In this situation, documentation is not submitted to KCC for a spouse and children, and Steps 2-4 of these webpages cannot be used.) The U.S. Embassy or Consulate must also be notified of the address where your family members can be contacted to schedule an interview.
Please remember that your spouse and/or children must apply for and be issued immigrant visas before the Diversity Visa Program ends on September 30, each year. Ensure that the U.S. Embassy or Consulate receives notification from USCIS in time to process the visas before the end of the DV year. They will not be eligible to apply for or be issued visas under this program after the closing date. For additional information on adjusting status in the United States, please refer to the USCIS website.
Family members living overseas will pay the diversity immigrant visa fees at the U.S. Embassy or Consulate where they will receive their visa. The fee for these family members must not be paid in the United States. Please consult the Fee Schedule for the most current fee information.