Winners outside the United States have two advantages:

1. Winners outside the U.S. have no impediments to eligibility and
2. They can begin the processing and submission of their forms immediately.

If you are in a winner in the United States:

1. Not required to submit the forms sent with the package
2. Pay the fee and
3. Wait until after October 1, 2008 depending on your winning number.

If you are out of status:

1. Required to be in status at the time of filing the application for adjustment of status.
2. The problem could be solved:
1. If you have a previous petition or a pending application for labor certification that was filed on or before April 30, 2001, you will be able to use such application to grandfather your DV Lottery application and obtain your permanent resident status by paying a penalty of $1000. In this case you will not need to depart the United States to obtain your resident status.
2. The other alternative is if the law changes between now and October 2008 or if the §245(i) relief which allows the payment of penalty for overstaying in the United States is reinstated; winners could take advantage of such.

3. If you are a winner, please consult with an attorney immediately.
4. Do not depart the United States because you may not be able to return for the next 3 to 10 years depending on how long you have been out of status.
5. Additionally, the adjustment of status application cannot be filed before October 1, 2008.
6. Not all the eligible winners in the United States will be able to file the adjustment of status application on October 1, 2008. There is a priority date established yearly for the Diversity program. Some winners will have to wait until their priority date is ripe. You will be eligible to apply when the priority date is current.
7. If you file your application for adjustment of status before your priority date is ripe, the U.S. Citizenship and Immigration Service will reject your application as being premature.

The Law offices of Joseph Rotimi Famuyide, Esq claims to have successfully taken care of these situations bases on the flyer. The information provided above is based on the flyer issued by www.lawyerfamuyide.com