Hello everyone!
I have been looking for the answer on this forum and couldn't find any. I am asylee in proceedings with a final hearing coming up soon. Recently, I have received an envelope from KCC stating that I may be one of the lucky winners of DV-2006. The question is what to do next. I came here on J1 without 2-year residency requirement. Before it expired I have applied for asylum, so technically I have not had any unlawful presence in US. Before I had my interview with INS regarding asylum, I got married to a person who have had unlawful presence. (When she changed her status, she submitted wrong fee for change of status application and after receiving a notice about that, she submitted another application with the correct fee. In the process she incurred unlawful presence and her application has been denied. Half a year later we got married and she was added to my asylum application).
Meanwhile we had an interview and our asylum claim had been denied. The status changed to asylee in removal proceedings. Right now, we already had a master hearing it has been rescheduled to June of this year, because we simply didn't have time to cover everything the first time.
Now that we have been notified that we have been selected for further consideration in DV-2006 lottery program, I don't know what to do next. Are we eligible for AOS here or do we have to leave the country? My attorney suggested asking the judge to postpone the hearing until October, 2005 when the processing starts and submit the application to KCC (she noted that we do have a pretty DV number and higher chances our application being approved). After that she advised to ask for voluntary departure. I was wondering if there is any other way around this. Are we not eligible for AOS under any section of immigration law?
Thank you very much!
I have been looking for the answer on this forum and couldn't find any. I am asylee in proceedings with a final hearing coming up soon. Recently, I have received an envelope from KCC stating that I may be one of the lucky winners of DV-2006. The question is what to do next. I came here on J1 without 2-year residency requirement. Before it expired I have applied for asylum, so technically I have not had any unlawful presence in US. Before I had my interview with INS regarding asylum, I got married to a person who have had unlawful presence. (When she changed her status, she submitted wrong fee for change of status application and after receiving a notice about that, she submitted another application with the correct fee. In the process she incurred unlawful presence and her application has been denied. Half a year later we got married and she was added to my asylum application).
Meanwhile we had an interview and our asylum claim had been denied. The status changed to asylee in removal proceedings. Right now, we already had a master hearing it has been rescheduled to June of this year, because we simply didn't have time to cover everything the first time.
Now that we have been notified that we have been selected for further consideration in DV-2006 lottery program, I don't know what to do next. Are we eligible for AOS here or do we have to leave the country? My attorney suggested asking the judge to postpone the hearing until October, 2005 when the processing starts and submit the application to KCC (she noted that we do have a pretty DV number and higher chances our application being approved). After that she advised to ask for voluntary departure. I was wondering if there is any other way around this. Are we not eligible for AOS under any section of immigration law?
Thank you very much!