DACA recipient faces additional Diversity Visa hurdle
Ihave Deferred Action for Childhood Arrivals. If I win the green card Diversity Visa lottery, can I interview for my green card in the U.S.? After getting DACA, I traveled abroad with U.S. Citizenship and Immigration Services permission, so my last entry was lawful — but I came to the U.S. unlawfully. That means that if I return home for my Diversity Visa interview, the law bars me from returning for 10 years. I was hoping that having left the U.S. and returning legally will qualify me to interview here. M., Queens
Sorry, but I have bad news. Though your last entry was lawful, if you win the lottery, you nevertheless would need to travel home for your immigrant visa interview. And, as you note, that would mean getting a waiver of the 10-year, unlawful presence bar to permanent residence. The law provides for a waiver, but only for the spouse or child of a U.S. citizen or permanent resident.
One criterion for interviewing in the United States, in most cases, is having been inspected at entry. Your lawful entry with USCIS permission meets that criterion. However, to interview here in lottery cases — that is, to adjust status — you must prove that you were never out of status, and never worked without permission.
If you were to marry a U.S. citizen, simply having entered legally would qualify you to adjust status. The same would be true if you have a U.S. citizen child age 21 or older, or you were under 21 and the child of a U.S. citizen.
How can a person replace a lost naturalization certificate? I am trying to help an elderly family member.
Your relative can replace the naturalization certificate by filing USCIS form N-565, Application for Replacement Naturalization/Citizenship Document. You can file it online, using a credit card or by mail. You can get the form and filing information uscis.gov/n-565, or by calling (800) 375-5283. The fee is $555.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Email questions and comments to questions@ allanwernick.com. Follow him on Twitter: @awernick.