INS on Diversity Visa Processing Fee
Date: September 29, 1997
To: Regional Directors
District Directors (including Foreign)
Officers in Charge (including Foreign)
Service Center Directors
Administrative Center Directors
Training Facilities: Glynco, GA and Artesia, NM
From: Office of Programs
Section 636 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) authorized the Secretary of State to establish and collect a fee to offset the costs incurred by the Department of State (DOS) in processing applications under the Diversity Immigrant visa (DV) program. On August 8, the DOS published a final rule establishing a processing fee of $75 to be paid by successful DV applicants, and family members applying to accompany or follow to join them, who apply for an immigrant visa at a United States consulate or for adjustment of status at a stateside office of the Service. The final rule provides that collection of the new fee by the DOS commences on October 1, 1997.
The DOS National Visa Center (NVC) has made arrangements to notify future DV program "winners" regarding the $75 processing fee procedures, which require direct payment to a special DOS Diversity Visa Program bank account. However, the new fee takes effect too late for the NVC to notify those who were already declared DV "winners" for FY-1998. The Service has agreed to assist the DOS by giving a copy of the attached notice entitled, "Information for DV Applicants Who Plan to Seek Adjustment of Status in the United States" to each person who applies for adjustment of status under the DV Program during FY-1998.
Effective immediately, each district office is instructed to reproduce the attached document and distribute a copy to each applicant who files a Form I-485 for adjustment of status as a Diversity Immigrant during FY- 1998. Whenever possible, the notice should be given or sent directly to the applicant when the I-485 fee receipt is generated to give the applicant adequate time to remit the $75 processing fee to the DOS.
In addition, the Service has agreed to inquire whether adjustment applicants have paid the DV processing fee to the DOS. When interviewing DV applicants in each year beginning FY-1998, (October 1, 1997), the Service adjudicator should ask each applicant to present a receipt confirming payment of the $75 processing fee to the DOS. Even though the Service will not defer or stop the adjudication process when DV adjustment applicants fail to provide evidence of such payments, field adjudicators must remind these applicants that they are required to pay the DV visa processing fee to DOS and hand them a copy of the attached information sheet.
This memorandum has the concurrence of the Office of Field Operations.
Paul W. Virtue
Acting Executive Associate Commissioner
Attachment
Information for DV Applicants Who Plan to Seek Adjustment of Status in the United States
If you are present in the United States and are planning to seek adjustment of status to that of a lawful permanent resident based on your selection in the diversity visa (DV) program, you should contact the nearest district office of INS in order to apply for adjustment of status. INS will not accept adjustment applications until the beginning of the DV program year on October 1.
Recent legislation and regulations have imposed a new processing fee on applicants for diversity visas. This nonrefundable fee is assessed to cover costs incurred by the Department of State in running the lottery selection process and is separate from any fees you will need to pay to INS as part of your adjustment application. You MUST pay the required $75.00 diversity visa processing fee per person; that is a fee for yourself and for each member of your immediate family in the U.S. who plans to adjust status with you. Failure to pay this fee is in contravention of Section 636 of P.L. 104-208 and 62 FR 42665.
In order to complete payment of this fee, fill out the receipt form at the bottom of this page, cut it off and mail it, along with your check (made payable to the U.S. Department of State) for the correct amount depending on the number of people who will adjust status ($75.00 for one, $150.00 for two, etc.), to the address below. Also you must include a stamped, self-addressed envelope in which this receipt, stamped to confirm your payment, will be returned to you. You should present this receipt or other satisfactory proof of payment (canceled check) to INS at the time of your adjustment interview.
Please mail the form below and your check to the following address:
U.S. Department of StateDiversity Visa Program
P.O. Box 371989
Pittsburgh, PA 15250-7989
NAME: _____________________________
Amount enclosed $ _____________
Covering payment for ___ person(s)
ADDRESS: __________________________
________________ ______ _______
City State Zip Code
DV Program Case Number: _____________