Chapter 3 - Documentation and Evidence

us-uscis-policy-manual-volume-7-part-g-chapter-3Chapter 3 - Documentation and EvidenceGuidance

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].

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.

Read More
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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