Asylum Seeker in USA wins Lottery Green Card
- Thread starter Merm
- Start date
When you are going to fill I-485 form for DV Lottery, you will answer basic inadmisibility questions such as Have you ever violated your status? Have you ever worked in US without authorizarion? If you answer those question yes, then most probably your case will be denied. But not %100, you should discuss with immigration lawyer.
But if you never violated you status, never out of status never worked without authorizarion and you answer those questions no, there is no reason to be denied.
This is not a legal advice, anyone on this situation should discuss with immigration lawyer. And we will be happy to read their experience here.
tintin2022
Active Member
I won lottery back in 2021 and my case will be current next month. I had F1 status when I applied for Asylum but not I have asylum pending waiting for interview. I see some people won GC on asylum pending. What do you think?
tintin2022
Active Member
No I didn't violate. I came to the US legally and lawfully and I didn't aggregate unlawful presence. Also my answer to all those questions is No. The only thing is I have asylum pending now. Did you have the same case?
I think you would have to Consular Processing abroad for your DV. I don't think you are eligible for Adjustment of Status based on DV because you are not in status and have not maintained status. A pending application is not status.
This is sensitive. You should discuss with an immigration lawyer. If you share your future experiences here, it would be very useful for people in the same situation.
SusieQQQ
Well-Known Member
There have been quite a number of asylum-pending based DV cases posting in the DV AOS threads, some successful, some not.
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Sm1smom
Super Moderator
Thanks for tagging me Susie. I’m purposely refraining from commenting on this thread as @tintin2022 is quite active on the current AOS thread in the DV lottery forum, and we’ve already gone over their situation. My guess is the OP is seeking other opinions hence my decision to sit it out on this thread.
tintin2022
Active Member
Thanks for your opinion. I've talked to some lawyers and some of them said I have chance to get the GC through AOS. There have been some people who shared their positive experience here. I believe the interpretation is different from each IO but I'm positive and wanna give a shot.
SusieQQQ
Well-Known Member
Seems to me also that the risks of leaving the US to do CP are quite high vs the risks of being refused an aos application, where that just means you stay in the US and wait for the asylum case to process?
tintin2022
Active Member
Exactly. I wont leave US while my asylum case is in process. Btw, I'm positive because I talked to few people here who claim they got their GC through AOS while they were on asylum pending.
SusieQQQ
Well-Known Member
Like I said before, we’ve seen a number of these. Some have been successful, others not. of course, be positive, but there are risks. But you still have the asylum case as backup if you’re not successful.
But the category matters. If they were in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen), then they have no problem, as they do not need to be in status to do AOS in that category. But in most other categories, you need to be in status. If you know of any official guidance or case law that says that people who've had pending asylum since they were in status, who are now out of status, are somehow exempt from the AOS bar for being out of status, please share it.
Sm1smom
Super Moderator
There have been a couple of folks in this forum who successfully completed the AOS process as DV lottery selectees while in asylum pending. Most recent of those being @leno4kakitten who entered the US on a B2 visa and subsequently filed for asylum. This person was a DV2021 selectee. At the same time there are others in similar situations whose AOS applications got denied.
tintin2022
Active Member
@Sm1smom Sorry to bring this up again but I'm getting closer and it stressed me out. I talked to few attorneys and most of them said there is a hope and one of them says she can help me get it approved but it's not guarantee. She said she can refer it to Matter of L-K and point out that it was a technical issue why my asylum case is pending and it's not my fault. I remember someone got his green card and he was referring to technical issue on DV 2021 AOS but I couldn't find him. It costs me $3k to get the attorney but even not sure it's worth it or not and kind of confused if I have to do it or not but I'm in general positive. I talked to many people here on this forum who could have done AOS when they were on asylum pending and even they had overstay. @leno4kakitten had an asylum case approved so she could have do AOS. What is your insight? Do you know any specific case like mine who got the GC?
Sm1smom
Super Moderator
I don’t know the full details of your case, (it’s not like you’ve shared some detailed/relevant specifics with me like you would with a lawyer), so how can I know of any other specific case like yours? I already referred you to the DV Tracker - Unique Situations spreadsheet where you can read about a couple of past asylum-pending DV based AOSers’ cases/experiences. That is what you should be referencing if you want to get an idea of how others in similar situations fared.
Based on what you’ve shared though, I don’t see how the “Technical Violation Resulting from Inaction of USCIS” [33] (which I’m guessing is what the lawyer you spoke with was referring to) could be applicable to your case - how could USCIS have adjudicated your asylum application before you fell out of status, considering you filed for asylum 5 days after your OPT ended, while you were within the 60 day grace period for departing from within the US or switching to another valid status? But again I don’t have the details you might have shared with the lawyer, so I could be wrong.
The DV21 past selectee you’re asking about is @DV2021winnercouple who filed for asylum in 2014, interviewed in 2017, never got any decision until 2020 when their non-immigrant status finally expired. That to me is a clear case of technical violation resulting from USCIS inaction, and this is the post where it was discussed by the way. Yes, this person’s DV based AOS application did get approved at the end.
I’m sorry I cannot give you the reassurance you’re seeking with regards to your case, I made this clear to you earlier on.
Based on what you’ve shared though, I don’t see how the “Technical Violation Resulting from Inaction of USCIS” [33] (which I’m guessing is what the lawyer you spoke with was referring to) could be applicable to your case - how could USCIS have adjudicated your asylum application before you fell out of status, considering you filed for asylum 5 days after your OPT ended, while you were within the 60 day grace period for departing from within the US or switching to another valid status? But again I don’t have the details you might have shared with the lawyer, so I could be wrong.
The DV21 past selectee you’re asking about is @DV2021winnercouple who filed for asylum in 2014, interviewed in 2017, never got any decision until 2020 when their non-immigrant status finally expired. That to me is a clear case of technical violation resulting from USCIS inaction, and this is the post where it was discussed by the way. Yes, this person’s DV based AOS application did get approved at the end.
I’m sorry I cannot give you the reassurance you’re seeking with regards to your case, I made this clear to you earlier on.
Thumbs up to the moderators @Sm1smom , @SusieQQQ , @Britsimon , @newacct for your valuable input.
My friend is in this same predicament. He won dv2023 with a CN af1***. He has been in the US for the last 3yrs but his asylum has not been adjudicated to date.
1. Can he processes from another country other than his home country?
2. Won't leaving the US trigger a ban and thus a denial at his DV consular interview?
3. Does it mean that ultimately, an asylum pending individual cannot successfully process DV lottery?
4. Are there viable options?
Many thanks as you purpose to shed some light. Clearly, many asylum pending selectees are in limbo.
My friend is in this same predicament. He won dv2023 with a CN af1***. He has been in the US for the last 3yrs but his asylum has not been adjudicated to date.
1. Can he processes from another country other than his home country?
2. Won't leaving the US trigger a ban and thus a denial at his DV consular interview?
3. Does it mean that ultimately, an asylum pending individual cannot successfully process DV lottery?
4. Are there viable options?
Many thanks as you purpose to shed some light. Clearly, many asylum pending selectees are in limbo.