Adjustment Applications through DV Visa Eligibility
Adjustment Applications through DV Visa Eligibility
According to INA 204(a)(1)(I)(ii)(II); and 22 CFR 42.33(d), DV Program selectees who are currently in the U.S., and their spouses and children are eligible to receive and use a DV number only through the end of the specific fiscal year for which they were selected.
Fiscal Year Deadline for DV Applicants
In some circumstances, the statutorily limited number of DVs may also be exhausted before September 30, the last day of the fiscal year, as a whole or for specific regions or countries. Therefore, the adjustment applicants to file as soon as they are eligible to file based on the DOS Visa Bulletin. In other words, every year of beginning October 1, USCIS will deny any DV adjustment application that remains pending from the prior fiscal year, even if the U.S. Department of State (DOS) has already allocated the visa number whether the applicant is the principal DV adjustment applicant or a spouse or child accompanying or following to join the DV principal. Therefore, USCIS cannot approve DV adjustment applications after September 30 of the relevant fiscal year.
According to 22 CFR 42.33(f), even if the adjustment applicant meets all other eligibility criteria to adjust status, USCIS cannot approve the adjustment application because it is past the September 30 fiscal year deadline and there are no more DV numbers for DOS to allocate.
DV Visa Availability
According to 7 USCIS-PM A.6(C), a visa must be immediately available at the time the DV Program selectee files the adjustment application with USCIS and at the time of final adjudication of the application.
Brief Notes on This Category
On January 20, 2025, the President issued Executive Order (EO) 14161, titled Protecting the United States from Foreign Terrorist and Other National Security and Public Safety Threats. This order aimed to safeguard U.S. citizens from aliens who may seek to commit terrorist acts, pose threats to national security, promote hateful ideologies, or exploit immigration laws for malicious purposes. In order to implement the President’s EO stated above, on December 19, 2025, the DHS Secretary has directed USCIS to pause the final adjudication of adjustment of status, ancillary benefits, and waiver applications filed by aliens seeking lawful permanent resident status under the DV Program. The applications filed by aliens associated with adjustment of status under the DV Program are:
Application to Register Permanent Residence or Adjust Status (Form I-485)
Application for Employment Authorization (Form I-765) based on 8 CFR 274a.12(c)(9)
Request for an Advance Parole Document filed using the Application for Travel Documents, Parole Documents, and Arrival/Departure Records (Form I-131)
Application for Waiver of Grounds of Inadmissibility (Form I-601)
Application for Permission to Reapply for Admission into the United States After Deportation or Removal (Form I-212); and
Application for Action on an Approved Application or Petition (Form I-824).
Note: this information provided here is for general information and educational purposes only, and it does not constitute legal advice.
Cited from https://www.uscis.gov
