U.S. Department of Justice
Immigration and Naturalization Service

HQ 70/23.1-

Office of the Executive Associate Commissioner
425 I Street NW
Washington, DC 20536



FROM: Michael A. Pearson
Executive Associate Commissioner
Office of Field Operations


Acceptance of DV-related I-485 Applications During 90-day Period Preceding Cut-Off Number in the Visa Bulletin

DATE: 19 JAN 1999

This memorandum is being issued in order to ensure uniform processing of applications for adjustment of status under the Diversity Immigrant (DV) category.

Section 245 of the Immigration and Nationality Act (the Act) requires that an application for adjustment of status may not be filed until a visa number is currently available. Recently, the Department of State issued a memorandum advising the Immigration and Naturalization Service that each month it would provide the cut-off numbers for the Diversity Immigrant category 90 days in advance. This advance notice is being provided to allow the INS additional time to process the background checks for DV applicants.

All offices are hereby advised that applications for adjustment of status filed under the Diversity Immigrant program may be accepted for processing any time during the 90-day period preceding the cut-off date provided in the Visa Bulletin. Offices are advised, however, that while the applications may be accepted for the processing of background checks and scheduling for interviews, visa numbers will not be issued until the cut-off date is current.