It’s Autumn, which means that it’s time again for the Diversity Visa Lottery. The Lottery was created by Congress to increase immigration from countries that have traditionally sent us few immigrants. Every year, 50,000 people “win” the lottery and are then (probably) able to immigrate to the U.S.
Given the current state of affairs in the asylum world (delay, delay, delay), some people with asylum cases pending are wondering whether they can use the Lottery as an alternative to asylum. The answer: It depends.
First, not all countries are eligible for the Lottery. Countries that have sent us large numbers of immigrants in the past are not included in the Lottery. If you are from one of the following countries, you are not eligible for the DV Lottery:
Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.
For China, please note that persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.
Even if you were born in one of the above-listed countries, you might be eligible for the Lottery if your spouse’s country does not appear on the list, if your parents were not born in one of the countries on the list, or if your parents were not lawful residents of a listed country at the time you were born. You can lean more about these somewhat annoying requirements here.
Besides country-of-origin restrictions, the other requirement for eligibility is that applicants must have a high-school degree or the equivalent, or have “two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform.”
If you meet these two requirements, you can apply for the DV Lottery. This is free and actually pretty easy. Video instructions are here and you can apply here. You must apply before November 3, 2015. Winners are selected starting in May 2016.
There are also a number (probably a large number) of websites that will “help” you apply for the Lottery, for a fee. In the best case, this is a waste of money (it is just as easy to apply yourself). In the worst case, it is a complete fraud. You can learn more about these fraudsters and report scams to the U.S. government here.
Unlike most applications, I recommend that people do not use a lawyer for the Lottery and do not use a service. It is best to do it yourself.
However, if you win the Lottery, it is very wise to hire a lawyer to guide you through the green card process. Winning the Lottery does not guarantee that you will get a green card, and whether you can successfully take advantage of winning the Lottery depends on many factors and can be complicated–especially for people with asylum cases pending.
So let’s say you have an asylum case pending, should you try the Lottery? The easy answer here is “yes,” there is no harm in trying the Lottery. If you happen to win, then things get complicated (the odds of winning are hard to come by, but appear to be less than 1%).
If you win the Lottery while your asylum cased is pending, you can potentially obtain your lawful permanent residency (your green card) and close out your asylum case. Your spouse and minor children can also get their green cards as your dependents. The problem is that not all asylum applicants will be eligible to “adjust status” and become residents of the United States, and this is where it gets tricky.
A DV Lottery winner who filed for asylum while she was still “in status,” meaning she was lawfully present in the U.S. at the time of filing, and who is still lawfully present here, can “adjust status.” “Adjusting status” means changing from a non-immigrant status to a lawful permanent resident without leaving the U.S.
Most asylum applicants will not be “in status” for long enough to take advantage of the Lottery. For example, if you came here on a B visa and filed for asylum, the B visa was probably valid for only six months, which means that you will be out of status after the six month period ends. The fact that you filed for asylum does not change the expiration date of your visa (the expiration date of your stay is not written on the visa itself; you can look it up on-line here). Since the Lottery process takes much more than six months, you will be out of status by the time your green card is available, which means you cannot “adjust status.” Instead, you would have to leave the United States and get the green card overseas.
Certain asylum applicants–those with long term visas, like F-1 students or H1B workers, who do not violate the conditions of their visas–might be able to remain in status long enough to adjust status and become lawful permanent residents without leaving the United States.
So if you are an asylum seeker who is out of status, can you leave the U.S. and collect your residency overseas? Maybe.
The key here is something called “unlawful presence.” Once your lawful stay in the U.S. expires, each day here is considered one day of unlawful presence. If you accrue more than 180 days of unlawful presence and then leave the U.S., you are barred from returning here for three years. If you accrue one year or more of unlawful presence and you leave, you cannot return for 10 years. This is known as the 3/10 year bar. A person who has an asylum case pending does not accrue unlawful presence. So for example, if you came on a B visa that was valid for six months, you overstayed your visa, and you filed for asylum four months after the visa expired (10 months after you arrived in the United States), you will have four months of unlawful presence. Once you file for asylum, you stop accruing unlawful presence, so even if your case takes two more years, you will still only have four months of unlawful presence, and you will not be subject to the 3/10 year bar if you leave (though you might be subject to other bars).
Assuming you are not subject to the 3/10 year bar, it may be possible to leave the U.S. and obtain your residency overseas based on the DV Lottery. However, for asylum seekers, this might mean returning to the country of feared persecution, which can be dangerous and might also raise suspicion at the U.S. consulate that your asylum case was not legitimate (if you can return to your country for the Lottery, maybe you never really feared persecution there). For asylum seekers (and others), it may be possible to leave the U.S. and pick up the green card in a third country, which would be the safer option.
If you are an asylum seeker who is subject to the 3/10 year bar and you leave to collect your residency, you will then need special permission to return (this is called a waiver). Such permission will be difficult–if not impossible–to obtain for most asylum seekers, and so people subject to the bar will most likely be unable to obtain their residency based on the DV Lottery.
Finally, asylum seekers who entered the United States without inspection are ineligible to adjust status and thus cannot take advantage of the DV Lottery (there may be a very narrow exception to this rule for people who meet certain conditions, including having been present in the U.S. since December 2000).
The bottom line here is that if you win the Lottery, you need to consult with a competent attorney. For asylum seekers, the ability to adjust status–or possibly leave the U.S. and return with residency–is crucial. It is very difficult to navigate these waters without the advice of someone who knows what he is doing. It makes sense to apply for the Lottery on your own, but if you win, it’s time to hire a lawyer.
I am waiting for my asylum interview result from last 13 months and still no result. Now my wife back in Nepal got DV lottery. I can’t go out of this country and I cannot apply for diversity visa interview from here. Also since my case in opened already Waiting for asylum interview decision. I am getting concussion. Any way I can help me. Your help will be highly appreciated. Thank you
You should talk to a lawyer to see whether there is a way for you to take advantage of the lottery as her spouse. Probably this would involve you leaving the US, which may or may not be possible. Even if you cannot, if she comes here with a GC, she will eventually become a US citizen, and when that happens, she would be able to file for you to get your own GC. While that will take 5+ years, given how the asylum system is working, you will probably still be waiting for an interview by then. I wrote about getting a GC while asylum was pending in a series of posts on August 6, 2018, August 28, 2018 and September 6, 2018, and maybe those would help, but you need to talk to a lawyer about your particular situation to see what can be done. Take care, Jason
Hello Sir/Madam I Hope you will doing well Sir
I was winner the DV lottery program in 08/05/2019 I completed the DV all process and which required document they wanted from us and I send its all to them ,I am waiting for Schedule interview, now my life is in the deep risk The Taliban’s cages twice then I was escape by grantee now I change my living place everyday please help me in my case. Now I don’t have any information about my case.
I do not do consular work and DV lottery cases are processed at the consulate/embassy. Also, given that you won the lottery 4 years ago, I do not know whether the case is still valid. You should try to find a lawyer who works on embassy cases to see whether they can help, but you might also look for alternatives, since the DV lottery may have expired. Good luck, Jason
Hi,
I just got my asylum granted on 06/2023, and I am planning to apply for lottery my questions are
1- If I won the lottery can I adjust my status as if could be faster to get the green card through lottery? What about my asylum status?
2- if that happens can I issue my country passport to use it for travel?
Thanks.
I think it is not worth it. You no longer need to wait a year to file for your GC – I wrote about that on February 8, 2023, and so it will probably be faster to apply for the GC based on asylum. To answer the questions: 1 – I believe so, but talk to a lawyer to be sure. 2 – You can do that either way. Even if you get the GC based on the lottery, it does not erase the fact that you filed for asylum, and if obtaining a new passport causes the US government to think that the asylum case was fake, that will create problems. Generally, getting a new passport does not create any issues, but I guess it could – I wrote a bit about this in a post dated May 25, 2022. Take care, Jason
Hi Jason,
Thanks a lot for helping us with your information.I have a question about my situation.
I am on Asylum pending in the US.My mother came to US recently as a green card holder.She is eligible to apply for me for green card.Since Asylum pending is not a Status,I am not allowed to adjustment of status.I have 2 questions:
1.When my mother apply for me,It will take some months for i130 form to be approved,Can I stay in US on Asylum pending during that time?
2.After i130 approval,I should send my documents to NVC and it will take around 1 year to give me an interview,Can I stay in the US on Asylum pending during that one year? If yes,I can go abroad to US embassy after receiving interview date
Or I should leave the US at the time of submitting my application to NVC?in this case I need to live in another country for one year which is very hard for me.(As I said,it will take one year from the time I send my documents to NVC to the time of interview)
I will be very thankful if you clarify this for me.
You should Google “DOS visa bulletin” to see how long the waiting period is for an I-130 filed by your mother. If you are over 21 years old, it is probably 7 or 8 years, and you would probably need to leave the US to get the GC. If you are under 21, the wait time is much faster, but you would still probably need to leave the US to get the GC (talk to a lawyer to see if there is any way to get the GC without leaving the US). As to your questions: 1 – You can stay in the US based on the pending asylum case. 2 – You can stay here until the interview gets scheduled overseas. I wrote more about leaving the US to get a GC on September 6, 2018, but if you try this path, you definitely should talk to a lawyer beforehand. Take care, Jason
I came to the United States through the border and my asylum case is still pending i don’t know what to do if I win the lottery
If that happens, talk to a lawyer to see your options. Most likely, you will not be able to get your GC based on the lottery, but there may be a path depending on the specifics of your case. Take care, Jason
Hello. 1 year ago I took refuge in the USA from the Mexican border. My work permit and ssn number have just arrived. I participated in the green card lottery. How will the process proceed if I win a Green card from the lottery? What Status do I currently have? And if I win a green card from the lottery, will I be able to get my card? I will be grateful if you answer.
Hi Jason,
I ‘m in pending asylum but won the DV lottery 2021. I read many experiences from the comments on your article. What is the best option I have to follow to get my Green Card? Thanks,
I did a blog post about this on August 28, 2018. The short answer is that you probably need to leave the US to get your GC, and this may or may not be possible, depending on your case. Talk to a lawyer to see what can be done. Also, there are some rare exceptions that may allow you to adjust status in the US, but that is not likely, especially if you were not in the US prior to December 20, 2000. For most people, adjusting status in this situation does not work, but you may want to talk to a lawyer to see whether there is a path for you, or whether you might want to leave the US to try to get the GC that way. Take care, Jason
Hi, Haile right now I am in your same situation I am also in asylum pending and i have won the DV Lottery 2023. so how did you come out from this situation? and got the green card ? can you help me please .i really need your help. your small help will change my entire life. so email me or text me on +1 865 249 9216.thank you
You need to talk to a lawyer to analyze the specifics of your case and see whether you can get a GC, and whether you can do that in the US or if you have to leave the US to get the GC. It will not really help to know what another person did, since the facts of that person’s case may be different from your case. Take care, Jason
Hi Jason,
For this years Dv lottery an unexpired passport number is required. My question is as an Asylum seeker can I use my passport number to apply for the Dv lottery?
You can, but whether you can even get the GC if you win, I do not know – it depends on the case. You might as well try (since it is free), but if you win, you will have to talk to a lawyer to see how/whether to proceed. Take care, Jason
Dear Jason,
I came to the US on 2015 with J1 visa and filed my asylum application after 6 months of my arrival. My visa was extended for two consecutive years while my asylum case was pending. On my third year of staying, I didn’t extend my visa and relied on EAD card and keep staying here since then under my pending asylum case. This year, I won the DV Lottery but don’t know what gonna happen with my adjusting status. Based on the situation that I explained, do you think I can do the adjusting without leaving the country? Thank you in advance.
Hi, DV20 right now I am in your same situation I am also in asylum pending and i have won the DV Lottery 2023. so how did you come out from this situation? and got the green card ? can you help me please .i really need your help. your small help will change my entire life. so email me or text me on +1 865 249 9216.thank you
Hi
I had same your situation 2017. I was asylums pending and I won green card. The most important thing you didn’t stay illegally before applying to asylum. I was F1 then I applied to asylum, so I did not have one illegal day in US which helped me got my green card. Now I have green card and I closed my asylum case. Don’t listen to people they will tell you no you can’t or you have to go outside of US to win.
Thank you
Good lucky bro
That is nice to hear
Hi,
Let me ask you some questions. Did you close your asylum case after you got green card?
After you get your green card, you will get letter from immigration telling you if you want close your asylum case, don’t reply or answer this letter and your case will close in 30days. But if you want your case still open, you have to answer before 30 days. I didn’t reply and they already closed my asylum case.
Hi Soma,
Thank you for sharing about what you did
If you don’t mind, could you please share your attorney’s contact information?
Much appreciated
Hi Soma,
When you won the lottery your F1 visa valid or unexpired?Thank you.
Hey Soma,
I am in this particular situation. Is there way you can guide me please.
Thank you.
Same situation.
Share your attorney’s contacts.
Thanks.
Hello, I am not a Chinese citizen. My point was, I can to China since 2014 with a business visa and then seek for asylum with a valid visa. After sometimes my asylum wasn’t been approved. And I am still living in China since then. So now I have applied for dv 2020. So what do you think of my case if I win the lottery? And where should I do my interview? Thank you
If you win the lottery, I think you will need to contact a US immigration lawyer to determine your eligibility to come to the US. One thing you might want to do is to get a copy of your file, so that, if you win, the lawyer will have all your documents and can determine whether/how you can come here. You can get your file by using form G-639, available at http://www.uscis.gov. Take care, Jason
Hello, I can to china with m visa, then I apply for asylum before my visa expired. But my asylum doesn’t approved. And I am still living in China, can I apply for dv lottery? And if I win what should I do?
I do not really understand your question. I do not know whether a citizen of China is eligible for the DV lottery, but if so, you can apply. If you win, you can come to the US unless your prior immigration (or other) history bars you from coming to the US. Take care, Jason
This article is very inaccurate. I know a whole bunch of people inculding myself who came on a B visa and adjusted their status while their asylum was pending and they were out of status. Some of them even filed a waiver and others were from the banned countries.
That has not been my experience. However, if a person thinks that is not correct, they should talk to a lawyer about how best to get the GC and see whether there is a path forward. And if you can provide the legal path you used, that would help others here. Take care, Jason
Hi Sam,
Can you please shed some light on this? Do you know how your attorney argued your case? He argued you are out of status for twchnical reason because you filed asylum while in B status?
Can you share name of your attorney and also the USCIS offices which you and you friends succefly asjusticated? It is said it’s more like a offfice policy that they accept the argument and not all offices have the same approach.
What do you mean by filing a waiver? We’re your friends married to a IS citizen?
Thanks in advance
Hey Sam
I’m in the same situation. Help please.
Thanks
I won lottery 2019 ,I have legal work in Ireland for the next 3 months ,I can not go back my home thinking about assylum in the UK can this affect lottery process
I do not know much about the lottery – you should talk to a lawyer in the US who knows about consular processing and see how best to approach this. Take care, Jason
Hi,
I’m really happy that I found an article about my situation! Which is rare as I understand! Thanks for helping us!
I’m in vaild F1 visa from 2014 until now and no criminal record or something like that. However, I applied for asylum in 2016 and I still have a pending case until now.. Fortunately I won the dv lottery 2019 last week, so now I’m confusing,
1- do I have to withdraw from my asylum case , and choose the dv lottery process (adjustment of status)?
2/and if I did is that have any negative impact on my dv lottery process or any immigration process in the future?
3- or you recommend keep the both cases , however I prefer to go through dv lottery process so if I can I withdraw from my asylum case any time even when they call me for an interview ?
1 – You do not have to withdraw. But you should talk to a lawyer about how to proceed. It may be that USCIS will consider you out of status, since filing for asylum (asking to stay permanently in the US) is not compatible with being in F-1 student (staying temporarily in the US). There was a USCIS memo about this a week or two ago, and I am not sure how it would affect someone in your situation, but you might not be able to get the GC based on the DV lottery (and in any case, more people “win” the lottery than there are open slots, so there is no guarantee of getting a GC for anyone). 2 – I would not withdraw the asylum case now. If you did withdraw, it would be a factor for you in future application for immigration, but whether it is a negative factor would depend on the specifics of the situation. 3 – If your asylum was filed in 2016, you will not have an interview soon, and so you can keep that case alive and the DV case will be processed first. Take care, Jason
Hello Moner,
How was about your case now? Please let me know because I’m in your same situation now.
Hi Jason,
I won DV Lottery 2019.
I am on F1 status and I also had an interview for asylum.
I want to follow up with DV lottery, but my fear is that I will be granted asylum before my DV lottery and I do not want that. I prefer to have green card over asylum and I do not want to wait a nd apply for green card based asylum.
My lawyer told me to not with draw my asylum application and I won’t.
But, what would happen if my asylum will be granted. Can I still adjust my status from F1 to green card from dv lottery, or
Assuming you are lawfully here on the F-1, you should be able to adjust status based on the DV lottery and get your GC, even if you have a pending asylum case or even if asylum was granted (this assumes that you get one of the DV lottery visas – not everyone who “wins” the lottery ends up with a GC). None of this negates the fact that you filed for asylum, and any trip to the home country potentially could cause the US government to believe that the original asylum case was fraudulent, so you will need to be careful about that. Take care, Jason
Hi?my name is Mya i entered the USA on 29th June 2017 with a B visa then spent there only 5 month then moved to Canada for asylum seeker which is now still pending but yesterday I just found that I won a US DV lottery with my 2 kids who are still in my origin country and now that am in canada am married to a man who has too a refugee status here in canada ,will you advise me what to do with my case ,
Thank you .
We would not be the best firm to help with such a case, as we do not do much consular work. I think you should be eligible for the GC, and your family as well – you should find a US-lawyer who does consular work and hopefully that person can help you. Take care, Jason
Hello Jason,
Great info. How about those waiting for their Individual asylum hearing after USCIS referred their case to court. Can they benefit from DV lottery?
Thanks!
maya
It is theoretically possible, but they would have to close the case, leave the US (probably), and get the GC overseas. And that may or may not be possible depending on the case. In reality, it probably won’t work, but if you are in court and you win the lottery, talk to a lawyer about whether there is any chance of this. Take care, Jason
Hello sir,
I am refugee by UNHCR about two years in Indonesia.
The question is this, can I apply for US lottery for 2019 ,and would my UNHCR case affect on that?
Thanks,
Not all countries are eligible for the lottery, but if you are eligible, you can apply. I do not think your refugee case would affect that. Take care, Jason
Hi jason
I came to the us this month on an F1 visa and I am supposed to go the university by January 2, but I won’t. I intend to apply for asylum by January 3, will I be out of status and be subjected to 3/10 year bar if I get the dv lottery this year ?
Based on the time frame you describe, and if you apply for asylum in early January, you will not be subject to the 3/10 year bar. However, you will need to leave the US to take advantage of the DV lottery, which may or may not possible – if you win, talk to a lawyer about that. Take care, Jason
Hi Jason,
I came to USA 2004 with 3 month J1 visa, i did not return to my home country after my visa expired, then i hired a lawyer to assist me in applying for asylum (within 1 year rule). After several hearing, my lawyer told me That my case is pending, I stayed in pending asylum status for almost 4 years then i decided to going back home because my home country condition is improving, but without giving any notice to my lawyer, it’s already over 5 years I stayed at my home country, and I have 2 kids now, my question is : if I won dv lottery will i and my family be able to get green card? Thank you
First, you can check to see whether you have a deportation order – call 1-800-898-7180 and enter your Alien number, and then push 3. The computer will tell you whether you have a deportation order. If so, you have (I think) a 5-year bar to returning from the date of that order. If you have no deport order, or if the 5 years has passed and you have no other bar to returning, you should be able to come back if you win the DV lottery. If you win, talk to a lawyer in the US to go over the specifics of your case and determine for sure whether you can return. Take care, Jason
Thank you for your answer, I am hoping to win dv lottery for 2019.
do you have recommended attorneys to handle such my case?
Thank you
Merry Christmas and Happy New Year 2018
I don’t have anyone to recommend, but if you win, you can try searching http://www.aila.org – that is one place to search for immigration lawyers. Take care, Jason
Hi Jason,
I applied for asylum in 2014 and got green card based on DV in 2017. My attorney send a letter to USCIS to close my case because I got GC. As you know its not good for asylum seekers to leave the US. Now as I have GC and closed my asylum case, is it still risky to travel and leave the USA?
Thanks
Hi,can I contact with you. I have questions please.could you send to me your contact information to my email?please.
Thanks
Give me your email.
ammkraim@hotmail.com
Hi Jason, I have a situation, I hope you have the answers and help us out. We (my wife, our baby & myself)Entered US with B2 and filed a political asylum and which is also accepted in first week of 2017 May. As I came early to US before my wife and kid, i overstayed and my wife and kid’s presence is legal (I-94 was active) when filing asylum. Meantime my wife has win DV2018 with myself and our kid as dependents.
As our asylum is pending,what do we have to do now?
1. What we have to do first.. file DS260 or register in DVselectee site and when we have to do it?
2. Or Do we have to file I-485 (Adjustment of status) to process the green card while we are in us and when we have to do it?
PLEASE NOTE OUR ASYLUM CASE IN PENDING AS OF NOW
I really looking forward your reply in this regards
Thanking you
I think you should hire a lawyer to help you. My guess is that your wife’s B visa is now expired. This means that she cannot adjust status (using form I-485) since the only status she has is the pending asylum, which does not allow for adjustment. This means she (and you and the child too) would have to leave the US to get your green cards, and – depending on the situation – this may or may not be possible. In practical terms, it may be a real difficulty to get the GC based on the DV lottery, and it may be better to not even try. On the other hand, it may be a good option, so you need to talk to a lawyer who can review the case and evaluate the best path. Take care, Jason
If you have your GC, you should be able to travel normally. However, if you go to your home country, you do have some risk (probably small) that the US government will think that your original asylum case was fake, and if they believe that, they could try to take away your GC or make like difficult for you when you apply to be a US citizen. Take care, Jason
This is not correct. If you got your green card you even based on asy case, you can travel back to your home country. Nobody can take away your green card. Plus in your case, you got green card based on Dv lottery.
Sorry, you are wrong. If the US government decides that an asylum case was false – even if the person got their GC some other way, like DV lottery – they can move to take away the GC. Returning to the home country may indicate to the US government that the asylum case was false. Take care, Jason
Hi Sameer,
Please can I contact with please, I have the same case.
Please send me your contact.
Thanks
Hi Mr.sameer what was the type of ur visa when u entered to U.S?.
F1
Hi Mr.sameer can I contact you please ?
Hi Mr.Sameer, when you applied for Adjustment of status you were out of status or your f1 visa was still available?.
How can I contact you?.
No I was legal not our of status.
Legal is different than out of status. If your F1 was expired/voided because you did not attend school and you had applied for asylum l, you were out of status but with legal presence here. So the question is how could your lawyer adjust your status while your asylum was pending and you were out of status. I heard it’s possible and Jason says it’s not. So we need you to shed some light on it
It’s not impossible, but the exceptions to the rule are few and far between, and most people cannot adjust status if they are out of status – they need to leave the US to get their GC, which may or may not be possible, depending on the case. Take care, Jason
Hello, i just wanna know if you have been to leave the U.S. when you started your dv lottery process? Can you get me with some details?
Thank you
Hello
I’m not sure if you will see this but if possible I would like to communicate with you as well about your process
Hi Jason,
I have a question, I am playing for DV Lottery this year with my son. However, I live in Belgium and my son lives in Cameroon, Africa. If it happens that we win the DV Lottery, do I have to go back to Cameroon to get the Green Card because of my son live there? Or is there a way to have both interviews separated in different country?
Also, will it be better to just play by myself and if I win, I can apply for him later one while in the USA?
Thanks for the reply.
I can only answer questions here about asylum. If you win the lottery, talk to a lawyer in the US and they can guide you about the process. Take care, Jason
Hi Jason, thanks for helping so many people. Here is my question, I only accrued 100 days of unlawful presence before apply for asylum, if in some case I left the country (to a different country than my country of origin) without having an answer about my asylum case and without advance parole, I’m in risk of losing my b1/b2 Visa at the moment of trying to return to US? They can void my visa at the airport? Have you heard about a similar situation?
Thank you
I have not heard about that happening, but I think they will not let you re-enter using only the B visa, which is for temporary visitors – you are an asylum seeker. You should get Advance Parole before you travel. I wrote a post on September 11, 2017, which might help. Take care, Jason
Hello , I am an asylum seeker in the US and I have a family meaning wife and 2 kids back home and our country is one the eligible country to DV lottery 2019.I want to if they can apply for DV 2019 and I want to also know the effects from the asylum process perspective ?
Thanks
If they are eligible, they can apply for the DV lottery (and so can you, but as discussed above, you may not be able to claim the green card if you win). I do not see how that would affect an asylum case. Take care, Jason
Hi,I won 2018 lottery,but my husband applied to Asylum. I entered to US by F1 visa.I didn’t stay illegal at US.when I recived to Asylum receipt I sent it to my university,and they told me they will obtain my visa status active untill the court decision for my husband asylum.now please let me know what will happen for me and my husband about 2018 Dv lottery. And now am I in status or I’m out of status?please note that I finished my degree and graduatedo. Thanks
You need to talk to a lawyer about the specifics of the case. You may still be “in status” if, for example, you have OPT, but I do not know. Also, I do not know about your husband’s situation. It seems to me that most people with asylum pending and no other status are ultimately not successful in getting a GC if they win the lottery. You may have to leave the US to get the GC, and this may or may not be possible. In other words, talk to a lawyer to see, as it is well worth it if you can end up getting the GC. Good luck, Jason
But when I red your article I found this point which is talking about me (A DV Lottery winner who filed for asylum while she was still “in status,” meaning she was lawfully present in the U.S. at the time of filing, and who is still lawfully present here, can “adjust status.” “Adjusting status” means changing from a non-immigrant status to a lawful permanent resident without leaving the U.S)
So your answer opposited to this point.sorry I’m confuse.
Please clarify to me.
If you are “in status” on an F-1 visa, you can adjust status, but from your description, it is not clear to me whether you are “in status” or not. Also, I do not know whether your husband is “in status”. For these reasons, I advised that you have a lawyer look carefully at the specifics of your case. Take care, Jason
Hi Jason,
First of all, thank you for the very informative post. I am an immigration attorney who primarily deals with removal defense. Last week, I had a consultation with my first DV lottery winner. He is an asylum applicant from Sudan who entered the country with his family while they were all on a tourist visa.
His wife applied for asylum while they were still in status. She listed him and their children as derivatives. Their application is still pending. Thus, they should not be subject to the 3/10 year bar if they leave the country (Obviously, the children would be eligible regardless of whether the asylum app was submitted due to their age.)
My prospective client won the DV lottery for FY 2018. Based on what you wrote and my understanding of the law, they should be able to return to Sudan, complete the green card process there, and return as lawful permanent residents. However, they truly are afraid of returning to Sudan, even for a couple of days. Thus, I was wondering what third countries might be available for them to pick up their green cards. Is there a list somewhere?
Thank you in advance for your help!
Sincerely,
Jordan Fischetti
In addition, returning to Sudan might cause USCIS or DOS to question whether the asylum application was a fraud. I do not do much consular processing, and so I do not know how to get an interview in a third country, but it should be possible. I would recommend that they get Advance Parole before they travel (form I-131). In the event that something goes wrong with the DV lottery, they would then still be able to return to the US to continue their asylum case. Also, since they are from a banned country, they need to be careful that they are still eligible to get the green card based on the lottery (I think there is currently some litigation moving forward on that point). The problem with AP is that it is expensive and it can take 6 months (or even longer) to get it. If you do have luck with them getting the green card, please let us know. Thank you, Jason
Thank you very much for your response. Advance parole would definitely be a good idea for them. As for the fact that they’re citizens of a banned country, I hope that the policy changes by the time they leave the country. At least they arguably have a “bona fide relationship” with the US due to both parents having jobs and the children attending school.
I’ll let you know how the case goes if they do end up retaining me. I am still recommending that they continue with their asylum case. The wife has an excellent case, and the fact that she’s from a banned country might actually help her win her asylum claim.
I guess we’ll see what happens. Thank you, Jason
Finally I receive an interview letter.But my question is i have a work permit but i don’t have a job.Does it affect my Interview?
It should not affect your case. They may ask you to explain how you pay your expenses, but otherwise, I do not see how your job status is all that relevant. Take care, Jason
Hi Yared… When did u submit the I-485 please and when was ur case no months
Thanks
Congrats, are you asylum seeker on pending status too??how long it takes since you started to file AoS till you get an interview letter?
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Hello,
I am an asylum seeker outside US (Australia) and won dv loterry 201& but my passport expired and can’t get a new one as I am seeking asylum in another country. Is there an other option to get my visa without a passport?
Thank you
I have a feeling you will need the passport to get a green card based on the DV lottery. Maybe if Australia can issue you some type of temporary travel document, you could use that, but I have no idea if it is possible. I do not do much with DV lottery cases, so you might want to contact an immigration lawyer in the US to ask about whether it is possible. Good luck, Jason
I entered usa 2016 march. Applied fir asylum in 2 month. Got my Id, SS,abd wirk authorization. Then on november 2016 filled out application for DV lottery 2018. I cant believe,but i was selected)) so ,now does anybdy knows what are my bext step? I filled out applucation fir green card. Did nit submit DS 260( because im not outside of US) So,now i dont kniw what is my nexts step? Somebody tells me that i have to cgeck Visa Bulletin to fibd out WHEN I SHOULD sebd my papers fir ajastment of status to immigration. Others tells me different things. Kentucy center told me that they dobt deal with my type of case,couse im already in US. Does anybody kniws correct answer? Dont forget that im here with pending asylum status,and my interview for asy might be in 4 years from now
If you entered on a visa such as a B visa, then your time in the US on that visa is over, and your only status here is “asylum pending.” If this is the case, then you would need to leave the US and get your green card at a US embassy overseas. If you are still here lawfully (for example on a student visa or an H1b), then you can adjust status to get the GC without leaving. If you need to leave, I recommend you apply for Advance Parole (form I-131, available at http://www.uscis.gov), so in case something goes wrong at the embassy, you can still return. Also, there are exceptions to these rules, and so the real answer here is: Talk to a lawyer to review the specifics of your case and see whether you can safely get the GC based on winning the lottery. In my experience, most people who have to leave to get the GC are unable to get it for various reasons, but it is worth talking to a lawyer to see whether this might be a possibility for you. Good luck, Jason
You are legal..but out status..you don’t do it…I win too and I have the same situation
Hi Marwell … can u please tell me what have u done after you won the dv lottery
thanks
I can’t do anything..I lost the lottery..I prefer continue asylum case..did you win also?
Hi
My spouse is in USA, entered in March through B1/B2 visa, she has applied assylum in january her visa was for 6 months (I.e september) she has overstsyed for 120 days (September to january), but applied within statutory time(1year of entry),her assylum has been accepted and fingerprint has been given. I am with my 7 years son in nepal, I got DV lottery as applicant, while filling DS-260, I have mentioned to adjust status of my spouse and forward case to USCIS, in this case what is chances to get GC of my spouse and what is my chances of GC.
I cannot evaluate the chances for success to get the DV, as I do not know about your case. However, for your spouse to get the GC, she would probably need to leave the US and get it overseas. Based on what you describe, it seems unlikely that she is eligible to adjust status in the US. She (or you) should talk to a lawyer about this to help guide you through the process, as you do not want to miss the opportunity. Good luck, Jason
Dear Experts,
I went USA in 2006 in F1 Visa. I got out of status in few months, Then I applied for Asylum before one year of my arrival in the USA. This means I remained out of status for more than 180 days but less than 1 year. My asylum case was pending till May 2011, but before my asylum hearing I left the country on my own because the situation of my home country had improved. This might have caused me to self deportation and (3-5 year ban) Now I have won DV lotter in 2017-18. It has been 6 years since I left the US. Will I be eligible to get the Green Card? THank you very much for your help. I am from Nepal.
You are out of status and unlawful presence..you will be not eligible..sorry 🙁
it was in the past but it has been six years since i have been back to my home country Nepal.And the visa interview in my home country.
I am not sure about what bars you have to returning. You likely have the 3-year bar (which is now done). You might also have a 5-year bar for being deported (and that may also be done, depending on when the order was issued. Probably, you will just have to apply for the GC and see what happens. You could also call 1-800-898-7180 and enter your alien number. Then, follow the instructions and you can learn if you have a deportation order and when that order was issued. Finally, you may want to use a lawyer to help you with the process, especially if you still have a bar to returning here. Good luck, Jason
thanks. its so helpful. bless your heart.
Hi Jason, I have a situation, i hope you have the answers and help us out. We (my wife, our baby & myself)Entered US with B2 and filed a political asylum and which is also accepted in first week of 2017 May. As i came early to US before my wife and kid, i overstayed and my wife and kid’s presence is legal (I-94 was active) when filing asylum. Meantime my wife has win DV2018 with myself and our kid as dependents.
As our asylum is pending now, what do we have to do now?
1. What we have to do first.. file DS260 or register in DVselectee site and when we have to do it?
2. Or Do we have to file I-785 ( adjustment of status) to process the green card while we are in us and when we have to do it?
PLEASE NOTE OUR ASYLUM CASE IN PENDING AS OF NOW
really looking forward your reply in this regards
Thanking you
You need to consult with a lawyer about the specifics of your situation. It is well worth it, as you do not want to lose the opportunity to get a green card. If your wife is still “in status” (usually the 6-month period after a person arrives in the US) when she files to adjust status (form I-485) then she may be able to get the GC without leaving the US. However, if she (or you) are out of status (meaning, your only status is “asylum pending”), you probably have to leave the US to get the GC (if you do that, try to get Advance Parole, form I-131, available at http://www.uscis.gov, before you go). Anyway, there are too many variables to advise you here – talk to a lawyer and see what you can do. Good luck, Jason
Thanks a lot Sir, I understood all your points. It’s really helpful. Thanks again.
Hi Jason,
Do you think this policy manual can make any difference on the adjustment of status with out leaving US if I fulfill the requirements on (Chapter 2 – Eligibility Requirements)
http://www.uscis.gov/policymanual/Print/PolicyManual-Volume7.html
Sorry, I would not have time to review that. Maybe it describes the requirements to adjust status without leaving. However, policies change and I recommend you talk to a lawyer, as that person can research the current situation and review your case to determine whether it is possible. Take care, Jason
I was selected this year to fill out the DS-260 form – which I did. I must now wait to see if I have been granted an interview. My interpretation of some wording on the /travel.state.gov website, leads me to believe that I have less chance of getting an interview because in my DS-260 application I selected ‘adjust status’ – because I already live here in the US on a visa. Basically I have interpreted this as saying that if there are visas left over after giving them to those people not living in the US already, then they will make the diversity visa available to those living in the states presently.
Does anyone know if my interpretation is correct?
And if so, am I better not selecting ‘adjustment of status’ next time and flying home for the interview?
Any help would be greatly appreciated. Thanks so much.
Sorry, this is not something I know about. Maybe someone else does. Take care, Jason
Hi Lee, please call me, I can help you with your inquiry
4433019117
I am overstayer Military Visa About one year.i have filed Asylum,my case is currently pendin..I found out on May, 2 2017 that I have selected by DV program .The Question if Am I eligible to adjust my status to receive my Green card??
I doubt you can get the GC without leaving the US, but there are some (rare) exceptions. You need to talk to a lawyer about this, and if you do decide to leave, get Advance Parole (form I-131, available at http://www.uscis.govhttp://www.uscis.gov) before you go. That way, if the GC process does not work out for some reason, you will still be able to return to the US and continue your asylum case. Take care, Jason
Hey guys
I need your help
Yesterday I noticed that I won DV Lottery
But I’m out of status since March 2, 2017
Is there any option to get green card in US or I have to leave USA before 180 days ???
I came with J-1 visa, after when it was expired I change my status to B-2
And B-2 status was expired on March 2
I doubt you can get the GC without leaving, but there are some (rare) exceptions. You need to talk to a lawyer about this, and if you do decide to leave, get Advance Parole (form I-131, available at http://www.uscis.gov) before you go. That way, if the GC process does not work out for some reason, you will still be able to return to the US and continue your asylum case. Take care, Jason
I how r u ?
Im from yemem
i came to the U.S in feb ,27, 2014 from eygpt cairo by B2 visa . expiration is on Aug 28, 2014
I applied for asylum in February 5 , 2015 and it’s still pending .
I got the Social Security authorization card ID and Driver license .
In 2016 I applied for the TVS & it gonna be expired in March 2017 .
I win the lottrey for 2017 .
I asked my lawyer what can I do she said I got to go back overseas and tried to get the green card from there .
Is there anyway to get the Green card from U.S .
Because I’m scared if I go there that I can’t come back with the travel document .
Hi Muataz,
I can assist you with this, please feel free to send me an email pegasusk84@gmail.com
I have a similar case and I worked out & yesterday itself I received my Green Card
I am not sure what “TVS” is. If you have TPS – Temporary Protected Status – you may be able to adjust status and get the GC in the US. I am not sure about that, and actually, it may not be possible, but the rules about TPS and adjustment of status have been changing due to some court cases over the last few years. Maybe your lawyer looked into this already. Otherwise, I think you need to leave the US and then return, which will be difficult. If you try that, you should get Advance Parole first (form I-131, available at http://www.uscis.gov). That way, if you leave and cannot get the GC at a US embassy, you will have another way to return here. Take care, Jason
Hi Jason, I win DV Lottery 2018, I just checked it now. I am on a pending asylum(applied on August 2016), My 6 month Visa (B1/B2) expired in November 2016. What exactly you recommend to me? how likely can I get the green card if I leave the US and go to the third country? If the green card through DV failed, is there any chance to continue the asylum (is there a chance to get back to the US)? My wife and son who are included in both assaylum form and DV form are live in my home country, does it make any complication on the DV case?
If anyone wins the DV lottery, I highly recommend they find a lawyer. Each case is different and I cannot really say the best process for you. You do not want to lose the opportunity (assuming you are eligible), and it can be tricky to get the GC at a US embassy in a third country. Talk to a lawyer and get some advice on the specific situation. Take care, Jason
I applied Ashylum in December after 1 month . I came to USA in b2 visa. My wife is also with me in USA and she is my dependant. Now she got selected for D V lottery.What do I next . Should I be able to apply diversity visa . My visa expired on may 2017 . I am waiting for interview call from uscis. Please help
Sanjay,
Please call me 443 301 9117
R u sure that i can go to uscis with pending ashylum case which i applied and recive a confirmation from uscis having a valid visa, but my visa is expired now . Can i change status with pending ashylum case to dv lotterry green card after the interview
With some rare exceptions, unless you are “in status”, you cannot change to a different status or adjust status and get the GC. If all you have is a pending asylum case, you are not considered “in status” for these purposes. Take care, Jason
You should talk to a lawyer to see whether she (and you) can get a GC without leaving the US, or whether it can be done if you leave the US. This situation can be tricky and it is a very good idea to have a lawyer help you. Take care, Jason
I have the same situation, asylum seeker but won DV, please send me your email to have further information Khaldoun
Hi Jason,
Please allow me to add some correction to what you’ve mentioned in your article regarding those who won the Green Card Lottery while they are in the United States and have a pending asylum case. (maintained a lawful presence in the US but the don’t have a lawful status “a valid visa”).
I went through the same scenario recently, I am a Syrian citizen, arrived to the US in Nov 2015, applied for asylum before the expiry of my I-94, in May 2016 & since then my asylum case has been pending, in the same month i found out that I won the Diversity Visa lottery, I waited for my visa number to become available and then I applied for Adjustment of Status, and I did my interview few weeks ago and I got it approved and now I have a Green Card.
The Officer mentioned clearly that they care only for maintaining a lawful presence and it is not a must to have a lawful status.
Please do let me know if you need any further details about the process that we went through.
Thanks
Best regards
Khaldoun
Thank you – I think I responded to this previously. Take care, Jason
Hi Khaldoun, my name is Roman. Me and my wife have a similar situation now, can i please get your email or phone number to ask some questions? What do you mean that you waited for your visa number to become available?
Hello Jason,
I came to America on a B visa (Tourist Visa) in October 18th 2016. I Applied for Asylum on October 27th 2016 and the USCIS recieved it on October 31st 2016.
My B visa was expiring on April 17th 2017 but i had already applied for asylum by then and got a letter from USCIS that they recieved my application. I even applied for my work authorization on April 10th 2017 before expiry of my B Visa.
Now, my wife has won the DV lottery and she is stil in my home country in East Africa.
She included me in her application for the DV lottery.
I would wanna find out:
1. Will the fact that i overstayed my visa make the embassy deny her a Green Card?
2. What usually happens when the embassy realises that am already here in America?
3. As i applied for asylum and USCIS recieved it before my tourist visa expired am i in “legal status”?
4. Is there a way i can benefit from her D.V lottery win?
5. What is the best thing to do?
I will appreciate your response on what you can answer.
1 – Your asylum case should not affect her. 2 – I think nothing will happen. 3 – You are lawfully here, but unless you meet a (rare) exception, you will have to leave the US if you want to get your GC based on the lottery. 4 – Maybe, but you probably have to leave the US and so you should talk to a lawyer before you try that. Also, if you decide to leave, get Advance Parole (form I-131, available at http://www.uscis.gov) so that you can return here if the GC process does not succeed (and you will probably have to process your case in a third country; not the country where you fear harm). 5 Talk to a lawyer about the specifics of your case to see the best course. Take care, Jason
Dear Jason,
Please allow me to add some correction to what you’ve mentioned in your article regarding those who won the Green Card Lottery while they are in the United States and have a pending asylum case. (maintained a lawful presence in the US but the don’t have a lawful status “a valid visa”).
I went through the same scenario recently, I am a Syrian citizen, came to the US on November 2015 on a B1/B2 visa, then I applied for asylum before the expiry of my I-94, and since then my asylum case is still pending.
Later in May 2016 I found out that I won the Green Card Lottery, I contacted USCIS & I followed the process and I started reading about my case, all the articles online including yours made me really hopeless, but I decided to give the normal process a try and had a plan B to travel to Canada to submit my Green Card application through the US embassy there.
When my visa number became available I filed my Adjustment of Status application and waited for couple of months for my interview with USCIS and last month I had it and it was very easy and smooth, I submitted all the documents they wanted and at the end of the interview, the officer told me that I succeeded and I received my green card few days ago.
Please let me know if you need any more details
Regards
Khaldoun
My case is similar to your case could you send me you contact number or your email please.
My emil is shimaamuaa601@hotmail.com
I just sent you an email with my contact details.
it seems that the email ID you mentioned is incorrect.
Please call me if you need any help with 443 301 9117
Hi Khaldoun
my name is cheikh I am from Mauritania, currently in the US as an asylum applicant, just won the DV lottery would like to send me the process details through email if you don’t mind, as my case sound like your case, my case still pending, and I have applied for asylum before the expiration of my I94.
my email is : csidimed@gmail.com
Dear Jason,
Please allow me to add some correction to what you’ve mentioned in your article regarding those who won the Green Card Lottery while they are in the United States and have a pending asylum case. (maintained a lawful presence in the US but the don’t have a lawful status “a valid visa”).
I went through the same scenario recently, I am a Syrian citizen, came to the US on November 2015 on a B1/B2 visa, then I applied for asylum before the expiry of my I-94, and since then my asylum case is still pending.
Later in May 2016 I found out that I won the Green Card Lottery, I contacted USCIS & I followed the process and I started reading about my case, all the articles online including yours made me really hopeless, but I decided to give the normal process a try and had a plan B to travel to Canada to submit my Green Card application through the US embassy there.
When my visa number became available I filed my Adjustment of Status application and waited for couple of months for my interview with USCIS and last month I had it and it was very easy and smooth, I submitted all the documents they wanted and at the end of the interview, the officer told me that I succeeded and I received my green card few days ago.
So this a real life experience that proves that if an alien maintained a lawful PRESENCE in the US can apply for adjustment of status even if he doesn’t have a lawful STATUS.
Please feel free to contact me if you need any more details.
Thanks
Khaldoun
Thank you for that. I am surprised that it worked – Did you have TPS? One way (which is relatively new) to adjust status is to get TPS, leave the US, return using Advance Parole. Also, there was very recently a Ninth Circuit case on this point, but I have not yet read it. Thank you for sharing, Jason
Hi Jason,
I am sorry if my comment got posted many times here, please feel free to delete them.
Regarding my case, no I don’t have a TPS. I only had my pending asylum and an expired i-94.
Interesting – I had not heard about that before. Maybe you just got lucky, or maybe it is a new policy. Thank you for letting us know, Jason
Dear Jason,
Is there any update on this? Particularly did you get chance to read on the Ninth Circuit case?
I have an approved family I-130 which the visa will be available for my PD in less than a year. I have a pending asylum application and filed it while I was in B status. Can I file for AOS and skip consular processing? can you please shed some light on the reasoning? Thanks
There have been some changes. The ones I am aware of mostly relate to people with TPS. However, you should talk to a lawyer to go over the specifics of the situation to see whether you can adjust. Take care, Jason
Do you won before I-94 expiry?
my god daughter is here in country and has the identical situation and after reading everything I was afraid she would have to leave to get a GC. She came to US in March filed for Asylum 6 weeks later and then found out she won 2018DV…she has a real low number so should be available immediately after Oct 1 but her B2 visa expires mid Sep. Hope you weren’t just lucky and this really works. I have one question when did you pay the $330 fee to the Departement of State
If a person comes here and remains in status the whole time, she may be eligible to get the GC without leaving the US. It is worth consulting with a lawyer to determine her options. Take care, Jason
Hi
Can u tell me about section 212(a)5,can get a Lowyer for that? I won dvlottery The consuler officer said my affidavits of support the income is not enough that I will be with my family the public charge and my high school diploma is fraudulent, my diploma is not fraudulent one, I m the refugee in South Africa, I spent lot of money for the medical examination and the visa as well, who can assist me?
I do not know about that section, but it sounds like your case has some issues, and maybe a lawyer can help. Take care, Jason
Hi Jason
Thanks for your answer, where can I get a Lowyer in South Africa or USA,do u know one?
Sorry, I do not. You can try Googling “AILA immigration lawyers” and you may find some lawyers that way. Take care, Jason
Thanks Jason
It was mentioned clearly in the communications that it is preferred not have a lawyer to handle the Diversity Visa case. Did the consular denied your application already? or did he give you sometime to provide him with more documents? if he already denied it, there is no chance.
wishing you the best of luck.
Regards
Need your help
Hi
Can I get a Lowyer from out of USA for The section 212(a)5 ?I won the lottery The consulate officer gave me the letter that I m a likly to become a public charge and a fraudulent diploma, that’s not true, my brother sent another affidavits of support for $83 for 4 people, I m refugee in South Africa, can I get a Lowyer? Thanks
Hello, I came as a F-1 in 2014 and then applied for asylum in 2015, but I did not overstay, because I was “in statut” while I was applying for asylum. I stopped being in status a year later in 2016, because of financial hardship.
Upon being selectioned for dv lottery.
I asume that I am qualify to adjust my statut?
because, I really can’t travel back home or I might lose my life.
The only solution for me is to adjust my statut.
If you went out of status, I doubt you can take advantage of the DV lottery without leaving the US and getting your GC overseas. You do not necessarily have to do this in your home country, but you probably do have to leave the US. I recommend you talk to a lawyer to see whether you can adjust here, or how you can arrange to leave the US and get the GC in a third country. Take care, Jason
Hi Jen,
From reading your post, i understood that you have a pending asylum case, isn’t it? did you get the asylum application receipt before the expiry of your F1 Visa?
if your asylum case was received and accepted by USCIS before the expiry of your Status (Visa), I advice to go ahead and apply for Adjustment of Status, I know it is costly but it is better than regretting that you had a chance and you did not use it.
I can help you with the process, please feel free to contact me: pegasusk84@gmail.com or call 443 301 9117
Hello,
I have pending asylum case and won dv. Yesterday I did dv interview. The officer told me that asylum office want him to release my case. And he said that he did not because he wants to give me the opportunity for Dv. Today morning I received a letter for asylum interview. What do you understand is it a coincidence? What does the IO mean when he did not release my file?
The date on the asylum interview letter is Feb second and it just arrived today
I do not know whether it is a coincidence, but most people with asylum pending are not eligible to get the green card based on the DV lottery without leaving the US and getting the GC at the embassy overseas. Of course, there is a risk in leaving the US. I recommend you talk to a lawyer about the specifics of your case to decide whether you can get the GC based on winning the DV lottery. Take care, Jason
As you mentioned in the article that cases with pending asylum and maintaining non immigrant visa can adjust status and get green card based on Dv.
I am still maintaing my status f1 visa I am a PhD student.
If you are still in lawful F-1 status, you should be able to get your GC based on winning the DV lottery. Nevertheless, I recommend you hire a lawyer to help you. You do not want to lose the opportunity, and the fact that you have a pending asylum case may complicate matters. Good luck, Jason
Hello,
I have pending asylum case. I am still maintaining my f1 visa. I won the Dv lottery and filed my I-485. My interview appointment is next month. My question is when do I have to withdraw my asylum case and does it affect getting my green card based on Dv.
Thanks in advance
The asylum case should not affect the I-485 case. We normally wait until the person has the green card, and then we submit a copy to the asylum office and ask them to close the case. Take care, Jason
Hi Adam When was your Visa available. Mine was current in November and still waiting an Interview?
Hi,
it was current on December.
Mine is still stuck in Background check since December 22.I don’t No what happen.
Do you think you have to pass background check to get an interview appointment?
I dont think but AOS based on Dv lottery No longer take 6 month to process in Texas service center.Mine is 163 days.I called everyday to USCIS and says wait until 180 days.I dont no whats goin on.I am realy comfused on it.
And what kind of document asks u to bring at the interview?Does required a sponsor(I-864)
Yaya & Ahmed,
I just went through the same scenario and I made it through, you can contact me if you need more details.
pegasusk84@gmail.com
Hi Jason
My question is an alien with a c1 visa adjust status? And the second question is if a c1 visa holder cancels his travel and remain in the US can we say he intered to the US legally? Thank you in advance.
C-1 visas are tricky, and I can only answer questions about asylum here. I suggest you talk to a lawyer about that. Take care, Jason
Hi Jason.
Right now my husband is in the USA. His visa expires in april and lottery will be announced in may. So if we win the lottery we r goin to have such problem. At the same time he wants to apply for asylum in canada. Is it possible to take green card from other country? What if I win? I am here in my country for a long time as I see. Thank you for your answer))
I really do not understand your question, and I cannot answer questions about asylum in Canada – you need to talk to a lawyer in that country. As for the DV lottery, it is free to apply, so why not try? You and he can both try. If one of you wins, at that time, you can hire a lawyer to see whether you can actually collect the green card; whether you can get it without leaving the US; or whether you can get it at an embassy outside the US. Take care, Jason
Hi Jason. My question is kind of related to Seva’s. I too applied for dv lottery and came to U.S. under visa type B1. My i94 expires in May 2017, the same month when the dv lottery results come out. Assuming I win the dv lottery can I present myself to the USCIS or i should immediately return to my home country and claim the GC from there.
If you win, you would need to get a lawyer to look at the case and determine what is better. It is well worth the cost to get it right. In general, if you are still in-status in the US, you can adjust (get your GC here). Otherwise, assuming it is legally possible, you would need to leave and get the GC overseas. What you may want to do is file an extension of your B visa in order to give yourself more time. Use form I-539, available at http://www.uscis.gov. Take care, Jason
Hi my names is Khaled i come with f1 student that and my visas was 1 year but ï should stay in 6 month in usa so ï apply it asylum after 4 month
So my question is. Can i apply dv lottery and ï f ï win can ï adjust my status processe in green card
Thank you
If you win the DV lottery and you are still in valid F-1 status (i.e., still a full time student who has not violated the terms of the F-1 visa), you should be able to adjust status and get your green card. However, if you are no longer a full time student and your only status is asylum, if you win the lottery, you would probably need to leave the US to get your green card. The short answer is, if you win the lottery, hire a lawyer to help you through the process. It is well worth the money to get your green card. Take care, Jason