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Affidavit of support (I-135) for DV lottery winners

Nashville, TN |


I was shocked when I read this, DV lottery winners shouldn't become a public charge for the US, the evidence should be in the form of one or a combination of (1) affidavit of support filling out the I-135 by a US citizen or LPR, (2) enough of personal assets and/or (3) a job offer.

It should be very frustrating for the winner who can't prove any of the above requirements, after all, winning a visa from the millions of entries is a miracle.

My questions are:

1) since when this is in practice?
2) how many DV lottery visas have been lost due to this requirement?
3) what happens to those visas lost, are they reserved for the next year?

Thank you in advance!

Attorney Answers 1


This is nothing new and has been part of the DV program since its inception in 1990. There is most likely no way to tell how many DV applications are ultimately denied due to public charge issues. You may be able to find out by filing a FOIA request with the Department of State and USCIS. They surely keep statistics on the number of applications that are denied, though possibly not by specific reason for each visa category. All immigrant visas not allocated in a fiscal year are lost. They do not carry over from year to year. DV winners must enter the U.S. on or before September 30th of the fiscal year in which their visa was allocated or the visa automatically becomes void.

Many charitable organizations that sponsor refugees will provide assistance to DV winners to help satisfy these requirements.

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