Chapter 1 - Purpose and Background

us-uscis-policy-manual-volume-7-part-g-chapter-1Chapter 1 - Purpose and BackgroundGuidance

A. Purpose

As part of the Immigration Act of 1990, Congress established the Diversity Immigrant Visa (DV) Program.[1] In doing so, Congress created a new immigrant visa category specifically for aliens from countries with lower rates of admission as immigrants to the United States.[2]

B. Background

The DV Program allows aliens from countries with low immigration rates to the United States to submit an entry for a chance to apply for an immigrant visa in the next fiscal year. Congress established guidelines to distribute immigrant visas in the DV category based on the immigration rates of specific countries and regions to ensure a greater number of DVs are allocated to aliens from countries and regions with lower immigration rates to the United States.[3]

C. Legal Authorities            

Footnotes


[^ 1] See Immigration Act of 1990, Pub. L. 101-649 (PDF) (November 29, 1990). Before establishing the DV Program, Congress enacted more limited immigration programs, including the NP-5, OP-1, and AA-1 programs, for aliens from countries with lower rates of immigration to the United States. See Section 314 of the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (PDF), 100 Stat. 3359, 3439 (November 6, 1986) and Immigration Amendments of 1988, Pub. L. 100-658 (PDF) (November 5, 1988).

[^ 2] See INA 203(c)(1)(E).

[^ 3] See INA 203(c).

Resources

Legal Authorities

22 CFR 42.33 - Diversity immigrants

8 CFR 208.24 - Termination of Asylum

9 FAM 502.6 - Diversity Immigrant Visas

INA 201(e) - Worldwide level of diversity immigrants

INA 203(c) - Diversity immigrants

INA 204(a) - Procedure for granting immigrant status; petitioning procedure

INA 245, 8 CFR 245 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

Appendices

No appendices available at this time.

Updates

Technical Update - Replacing the Term "Noncitizen"

This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.

POLICY ALERT - Diversity Immigrant-Based Adjustment of Status

U.S. Citizenship and Immigration Services (USCIS) is issuing updated policy guidance in the USCIS Policy Manual addressing adjustment of status based on the Diversity Immigrant Visa. This policy update consolidates, updates, and supersedes Chapter 23.5(h) of the Adjudicator's Field Manual (AFM), related AFM appendices, and related policy memoranda. This update is not intended to change existing policy or create new policy.

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Technical Update - Replacing the Term “Alien”

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.

Technical Update - Replacing the Term “Foreign National”

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

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