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3900 Veterans Memorial Hwy
Suite 120
Bohemia, NY 11716
Tel:  631-588-4040
Fax: 631-588-7175
E-mail: mczwaik@zwaik.com
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2753 Coney Island Ave
Brooklyn, NY 11235
Tel: 718-891-0007
Fax: 718-891-1203
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Contents
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MITCHELL'S MESSAGE
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Two matters are of particular note this month. The first, and obviously the most important, is that Americans
will go to the polls on November 7th to elect a new Congress. Our new Congress will need to deal with critical
issues, including the war with Iraq, national security, the economy, and -- somewhere down the list -- with
immigration, as well. The second matter of note concerns the annual "green card lottery." As you may be aware,
this is an annual event in which individuals from certain countries get to electronically submit free applications.
The winners are randomly selected by computer and the lucky winners may be fast-tracked to a green card. Joining
the lottery is important. Not getting scammed by people promising to make you a lottery winner for a fee may be
even more important. We discuss this in greater detail below.
I hope this newsletter is informative for you. If you have suggestions or comments, call me at 631-588-4040
or e-mail me at
mczwaik@zwaik.com
Thanks.
Mitchell Zwaik
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IMMIGRATION NEWS
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Annual Green Card Lottery Begins
The U.S. Sate Department announced the annual arrival of the "Green Card Lottery," which provides
a maximum of up to 55,000 green cards each fiscal year for entrants lucky enough to have their
entry selected at a computer-generated random drawing. Only electronically submitted entries will
be accepted at
www.dvlottery.state.gov
during the registration period between noon, Eastern Daylight Time (EDT) (GMT-4), Wednesday,
October 4, 2006 and noon, Eastern Standard Time (EST) (GMT-5) Sunday, December 3, 2006. There is
no fee for the submission.
The lottery, formally known as the Diversity Program, is intended to provide extra visas for citizens
from countries with lower rates of immigration -- with no visas going to nationals of "oversubscribed"
countries. The following countries are not eligible to apply, because the countries sent a total of
more than 50,000 immigrants to the U.S. in the previous five years: Brazil, Canada, China (mainland-born),
Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines,
Poland, Russia, South Korea, United Kingdom (except Northern Ireland) and its dependent territories,
and Vietnam.
To qualify, the applicant must: (1) Not be a citizen of one of the oversubscribed countries and
(2) Have either a high school education or its equivalent, OR two years of work experience in a
skilled occupation. Entry will require the completion of an on-screen application and electronic
submission of a digital photograph. Winners will be notified by mail between May 2007 and July 2007 and
will be provided further instructions. Those who are otherwise unable to apply for a green card,
because they are illegal in the U.S. or have criminal or past immigration violations, may be rejected
in the future. You may contact us or visit
www.uscis.gov
for additional information.
President Signs Bills Extending H-2B Visas and Building a Fence
on the U.S. Southern Border
In the final days after Congress adjourned for the election recess, President Bush signed two
immigration related bills. The first extends the H-2B program for returning workers and the second
authorizes the building of a 700-mile fence along the southern border of the U.S. The Secure
Fence Act contains an obvious flaw, as Congress has only appropriated a small fraction of the
more than $7 billion it would cost to erect such a structure. The current appropriation of
$1.18 billion will only fund 90 miles of fence, according to experts.
Congressional Study Finds U.S. Schools Losing Out
on Foreign Students
A study by the Congressional Research Service, a nonpartisan Congressional research group, has
concluded that "security concerns over foreign student visas are being supplanted by competitiveness
concerns." The report further noted that "higher education institutions in the United States are
concerned over their ability to attract the numbers and quality of foreign students, and whether
the new post-September 11 security measures impede the entry of potential students into the U.S.
education system." During the past two decades, the total number of foreign students has grown from
224,030 in 1979 (representing 4% of all nonimmigrant visas) to 565,790 in 2005 (representing 10.5%
of all nonimmigrant visas). The current trend, according to the study, is for students to turn
toward other developed countries. This is particularly true in the "hard sciences," including
technology, engineering and mathematics.
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ASK THE ATTORNEY
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Some frequently asked questions about the green card lottery:
Question:
Can anyone in the United States apply for the green card lottery?
Answer:
Anyone who is not from an oversubscribed country and has a high school education or a skilled
occupation can apply for the green card lottery. It does not matter if you are legally or illegally
in the U.S. The thing to remember is that the lottery makes green cards available to those who are
otherwise eligible. It does not legitimize those who are unable to apply for a visa abroad or
adjustment of status in the U.S. This includes those who are illegally in the U.S. and have
past criminal or immigration violations that render them ineligible to obtain permanent residency.
Question:
Can I use an agency to file my application?
Answer:
Yes, but be careful of rip-offs. The agency or attorney you use should be able to print you out
a receipt from the State Department, when the application is filed electronically. If you do not get
an official government receipt, your application has not been filed. Also, remember there is
no filing fee to the government and NO ONE CAN GUARANTEE THAT YOUR APPLICATION WILL BE SELECTED.
Question:
If I am legally in the United States on an H-1B visa, should I apply for the green card lottery?
Answer:
Yes. Filing for the lottery will not jeopardize your H-1B status.
Question:
Is there an application form?
Answer:
No. There is no specific application. By going online to the designated state department Web site,
you will be directed to supply certain information. Simply follow the directions to apply.
Question:
Can I submit more than one application?
Answer:
NO. Submitting more than one application will disqualify you, although you can submit an
application that includes your spouse and your spouse can submit a separate application that
includes you.
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DID YOU KNOW?
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It's a myth that America is being overrun by immigrants.
Here are some immigration statistics (note 1):
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The number of immigrants living in the United States remains relatively small as a
percentage of the total population. While the percentage of U.S. residents who are foreign-born
is higher today than it was in 1970 (currently about 11 percent), it is still less than the 14.7
percent who were foreign-born in 1910.
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The annual rate of legal immigration is low by historical measures. Only 3 legal
immigrants per 1,000 U.S. residents enter the United States each year, compared to 13
immigrants per 1,000 in 1913.
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The 2000 Census found that 22 percent of U.S. counties lost population between 1990 and
2000. Rather than "overrunning" America, immigrants tend to help revitalize demographically
declining areas of the country, most notably urban centers.
Note 1: Data published by American Immigration Lawyer Association
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