Diversity (DV Program) and Family Unity

Diversity (DV Program)

Definition

The DV Program is also known as the “lottery” program. The Immigration Act allows a specified number of immigration opportunities for persons from countries other than the principal sources of current immigration to the U.S. Persons from countries determined by USCIS, according to a mathematical formula, are able to compete for these visas.

USCIS announces the number of visas available and what regions may register for the DV Program lottery. Applications are submitted within a specified time frame. Notification letters to persons selected and registered on the basis of the lottery must then follow USCIS procedures to complete the process.

Family Unity

Definition

Family Unity replaced an earlier program known as “Family Fairness”. Family Unity provides protection from deportation and eligibility for employment authorization to the spouses and children of amnesty aliens who were legalized under IRCA Section 301.

Noncitizens who received Family Fairness are not automatically included in the Family Unity Program. A separate application must be made at USCIS.

Rule

To be eligible to apply for Family Unity, a person must have been:

The spouse or child of an amnesty alien as of May 5, 1988, and
Residing in the U.S. prior to that date.

Spouses and children were linked to the legalized amnesty alien family member's five-year waiting period. Legalized noncitizens who were granted Family Unity status were to be disqualified from CalWORKs and CalFresh to the same extent and manner as their legalized amnesty alien family member. Amnesty and Family Unity persons could be eligible for either restricted or full-scope Medi-Cal benefits. They may apply for Medi-Cal benefits at any time. Refer to Medi-Cal Handbook Chapter 6, Section 6.7 for PRUCOL types and categories.

Once the amnesty alien completed the five-year adjustment period, they and their “Family Unity” family members were eligible to apply for CalWORKs and CalFresh. Proof of permanent resident status was not required for Section 210 noncitizens but was required for 245A amnesty aliens. (Family Unity noncitizens may not have completed their five-year period, but could have been eligible sooner because they were linked to the legalized amnesty alien's status.) If lawful permanent resident status has not yet been granted, the client must have current extension stickers on their “Temporary Resident Card” (I-688) to show they are still working with USCIS.

Documents

An applicant granted Family Unity status receives an USCIS “Notice of Action” (I-797) and was eligible for public assistance when the time frames were met. The I-797 indicates one of the following:

Application/Petition I-817. Application For Voluntary Departure Under Family Unity Program. Valid from (date) to (date)
Voluntary Departure Status is normally granted for a two-year period of time. This time frame must not have expired or the client must have other documentation
Application Petition I-827
Application/Petition I-130. Immigrant Petition For Relative, Fiance(e) or Orphan. Class: LB1, LB2; Priority Date: (date).

When the children are minors, it is not necessary to list them on the I-797 because they are derivative beneficiaries linked to the mother's approved petition. The client may have had an additional letter from USCIS or an attorney explaining who was covered by the petition. Be very careful when reading the I-797, as it is also issued by USCIS for purposes other than Family Unity.

Diversity (DV Program) and Family Unity