Introduction: Hope, Fear, and the Green Card Dream
For many undocumented immigrants living in the United States, the Diversity Visa (DV) Lottery feels like a lifeline — a chance to become lawful, to reunite with family abroad, and to live without fear. But questions of safety quickly arise:
“If I’m undocumented, is it risky to enter the DV Lottery? Could ICE find me? And if I win, can I even get a green card?”
These are not hypothetical fears. As immigration enforcement expands under new technology-driven systems like ImmigrationOS and Project 2025’s data-integration mandates, undocumented immigrants are more cautious than ever.
Immigration attorney Richard T. Herman, founder of the Herman Legal Group, puts it bluntly:
“The Diversity Visa Lottery is a legitimate path to lawful permanent residence — but for undocumented immigrants, it’s not a shortcut. Without careful legal strategy, winning the lottery can become a trap, not a ticket to freedom.”
What the DV Lottery Actually Is
The Diversity Immigrant Visa Program — often called the DV Lottery — was created to diversify immigration by offering up to 55,000 immigrant visas each fiscal year to individuals from countries with historically low U.S. immigration rates.
Applicants submit an online entry form through the official dvprogram.state.gov website. The process is free (though a small technology fee may soon apply) and winners are selected at random by computer.
Winning, however, is only the first step. You must still meet all eligibility and admissibility requirements under INA §212 and INA §245 to actually receive a green card.
What “Undocumented” Really Means
The term undocumented covers several legal situations — and not all are treated equally under U.S. immigration law.
| Category | Description | Possible DV Eligibility |
|---|---|---|
| Overstayed Visa | Entered legally (e.g., B-2, F-1, H-1B) but stayed beyond authorized period | Unlawful presence begins after I-94 expiration; may adjust if protected under §245(i) |
| Entry Without Inspection (EWI) | Crossed border without visa or inspection | Cannot adjust status without leaving U.S. |
| TPS or DED Holder | Granted Temporary Protected Status or Deferred Enforced Departure | Eligible to enter DV Lottery; adjustment possible only with lawful entry or parole |
| Parolee (e.g., U4U, CHNV) | Entered with humanitarian parole | May enter the DV Lottery but cannot adjust without separate lawful status. |
| Pending Asylum | Awaiting USCIS or EOIR decision | May enter DV Lottery but cannot adjust without separate lawful status and lawful entry |
Understanding these differences is critical. Being “undocumented” doesn’t always mean “no options.”
Can ICE Find Me If I Apply for the DV Lottery?
This is one of the most common — and emotionally charged — questions.
The short answer:
There is no public evidence that ICE uses DV Lottery applications to locate or target undocumented immigrants.
However, the reality is complex. The U.S. Department of State, which operates the lottery, collects biographic and biometric data. That data is stored in the Consular Consolidated Database (CCD), accessible to other agencies, including the Department of Homeland Security (DHS).
Under ordinary policy, DHS uses that access for security screening, not enforcement. But under aggressive enforcement administrations, data sharing between the State Department and ICE could increase.
A DHS Privacy Impact Assessment shows that interagency data transfers are legally permitted under certain conditions, especially for national security or fraud investigations.
Quick Answer Box:
Entering the DV Lottery does not automatically alert ICE, but applicants should assume that their information may be accessible across government systems.
Winning the Lottery: Does It Mean You Can Get a Green Card?
Winning the DV Lottery does not automatically confer lawful status — it merely gives you the opportunity to apply for permanent residence if you’re eligible.
To actually obtain a green card, you must either:
- Adjust Status in the U.S. (through USCIS Form I-485), or
- Complete Consular Processing abroad (through a U.S. embassy or consulate).
Here’s the problem for undocumented applicants:
- INA §245(a) allows adjustment only for those “inspected and admitted or paroled.”
- If you entered without inspection or overstayed and lost lawful status, you generally cannot adjust status inside the U.S.
That means most undocumented DV winners would have to leave the country to process their immigrant visa — but that triggers 3-year or 10-year unlawful presence bars under INA §212(a)(9)(B).
Are There Any Exceptions? Yes — But Limited
1. Section 245(i) “Grandfathering”
If you (or a parent/spouse) were the beneficiary of a qualifying immigration petition or labor certification filed on or before April 30, 2001, you may adjust status in the U.S. by paying a penalty fee.
See: INA §245(i) Adjustment Provisions.. However, this exception is rare and does not apply to the majority of undocumented individuals seeking adjustment of status.
2. Marriage to a U.S. Citizen
If you marry a U.S. citizen after winning the lottery, you might adjust through marriage instead — not through the DV category — provided the marriage is bona fide.
3. Parole in Place (Military Families)
Certain family members of U.S. military personnel can receive “parole in place,” which counts as lawful admission, enabling adjustment.
4. Waivers for Unlawful Presence
Applicants who must consular process can sometimes apply for an I-601A Provisional Waiver if they can prove extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent.
5. Temporary Protected Status (TPS) and Advance Parole
TPS holders who travel and re-enter on advance parole may qualify for adjustment because the re-entry counts as a lawful admission — but this strategy carries risk and requires careful legal guidance.
What About Parole Programs Like U4U or CHNV?
Humanitarian parole programs — such asUniting for Ukraine (U4U) or the CHNV parole initiative for Cuba, Haiti, Nicaragua, and Venezuela — provide temporary lawful presence but not permanent status.
Such parolees can enter the DV Lottery, but to adjust status later, they must have status and meet all other admissibility requirements. Parole is not status, and therefore ineligible to adjust under 245(a).
The Risk of Applying While Undocumented
Applying itself is not unlawful. The DV entry form does not ask about your current immigration status, and the State Department historically does not cross-reference entries with DHS enforcement databases.
However, risks exist:
- Future administrations could reinterpret data-sharing rules.
- Fraudulent entries or inconsistencies between your DV entry and other immigration filings can trigger permanent ineligibility under INA §212(a)(6)(C).
- Winning without eligibility may lead to exposure if you attempt to process through consular or USCIS channels.
Expert Tip:
Before applying, consult a licensed immigration attorney confidentially. A private consultation cannot be accessed by ICE and may reveal safer options, such as marriage-based adjustment, asylum, or U visa relief.
What If I Already Won While Undocumented?
If you have already won and are currently undocumented, your options depend on your history of lawful entry and time accrued in unlawful presence.
- Entered without inspection: You cannot adjust status inside the U.S. and would need to depart for consular processing — which likely triggers a re-entry bar.
- Entered lawfully but overstayed: You may adjust only if protected under §245(i) or another exception.
- Had DACA, TPS, or parole: You may be eligible to adjust depending on your most recent lawful admission.
Consult the officialState Department DV Visa Instructionsand speak with an attorney immediately if you receive a DV selection notice.
Could Applying or Winning Lead to ICE Enforcement?
Historically, no. There is no documented case of ICE targeting DV Lottery applicants based on their entry.
However, under aggressive enforcement priorities — such as those outlined in Project 2025’s immigration blueprint — DHS could theoretically access State Department data for “security vetting,” including identifying overstays.
Immigration attorney Richard T. Herman warns:
“We are entering a period where data integration is expanding. Even though ICE has not used DV entries to locate people, applicants should proceed with caution. The safest step is a confidential legal review before entering the lottery.”
Comparison: What Other Immigration Law Firms Say
- Fragomen LLP: Notes that undocumented entrants rarely benefit from the DV program due to the adjustment restrictions under INA §245.
- Murthy Law Firm: Advises applicants to avoid consular processing without a qualifying waiver.
- Herman Legal Group: Emphasizes holistic case evaluation — exploring waivers, family petitions, or humanitarian relief before applying.
Callout:
With over 30 years of experience helping immigrants navigate complex cases, Richard T. Herman and his multilingual legal team offer confidential consultations nationwide. You can schedule a private session here.
Practical Steps Before You Apply
- Verify your eligibility on the official State Department website.
- Consult an immigration attorney to review your entry, past filings, and possible relief.
- Never pay third-party “agents.” Use only the official site.
- Preserve evidence of lawful entry, family ties, and hardship.
- Avoid multiple entries or fake information — both can cause permanent ineligibility.
Important Note:
Even if you cannot adjust through the DV program, participating does not automatically expose you — but it also in most cases it won’t legalize your status.
Key Takeaways
- Applying for the DV Lottery while undocumented is not illegal, but it’s not necessarily safe.
- The State Department does not share entry data with ICE for enforcement — so far.
- Winning does not guarantee a green card if you’re undocumented or entered without inspection.
- Adjustment of status is possible only in limited circumstances (e.g., §245(i), lawful entry, or parole).
- Leaving the U.S. for consular processing usually triggers a 3- or 10-year bar unless you obtain a waiver.
- Always consult an experienced immigration lawyer before applying or pursuing DV selection.
To discuss your case confidentially, contact Herman Legal Group — serving clients nationwide for over 30 years.
