AoS 2008, just 1,440 cases !!
http://www.uscis.gov/files/nativedocuments/june_2009_agenda_with_responses.pdf
......
3. Question:
Persons who win the diversity lottery are supposed to adjust their status in the same Fiscal Year. If
for whatever reason, including processing delays, they do not adjust by the end of the fiscal year, they are
unable to obtain lawful permanent resident status. Does USCIS have any statistics on how many people win
the diversity lottery and are unable to adjust within the fiscal year?
Response:
Please note that the Department of State, not USCIS, tracks unused diversity (DV) visa numbers
each fiscal year. Figures for DV visa usage and adjustments of status for fiscal years 1999 through 2008 can
be found at the following Department of State web site:
http://www.travel.state.gov/pdf/FY08-ARTableVII.pdf
Individual offices keep track of the diversity adjustment cases received from the NBC, primarily by use of
spread sheets. USCIS notes that the Lockbox, NBC and local field offices do everything possible to adjust
these cases within the fiscal year. The Lockbox segregates out Diversity cases and expedites shipment to the
NBC. The NBC, in turn, expedites the processing and routes the file(s) to the responsible field office as
quickly as possible. Near the end of a fiscal year, the NBC will take extraordinary measures (for example,
scanning files, overnight shipments) to get files into the hands of a field office for adjudication. Despite such
extraordinary measures, you should note that by law, USCIS cannot adjust the status of any person until all
background and security checks have been completed and the DV adjustment applicant has met his or her
burden of establishing statutory eligibility to adjust status. There may be cases, therefore, where USCIS
cannot approve an adjustment application prior to the end of the fiscal year. For this reason, USCIS
encourages persons seeking to adjust status on the basis of selection in the DV lottery file their completed
adjustment applications as soon as they become eligible to do so based on the State Department’s monthly
Visa Bulletin.
Please note however that the vast majority of lottery winners consular process overseas. For FY2008 for
example, USCIS adjusted the status of 1,440 cases, while 41,761 aliens were admitted with DV immigrant
visas. USCIS does not have information on those winners who are eligible for adjustment of status and fail to apply
within the filing timeframes.