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.Hello, what is happens when an asylum seeker; not done interview yet; wins the Green Card lottery? Is there a way to change status right from within USA?
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?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.
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?If you didn’t violate your status until applying asylum, or if there is no other reason to apply for green card, you must be fine. Of course nobody can guarantee but This is what my lawyer told me in 2019.
Better to discuss with a lawyer
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.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?
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?
There have been quite a number of asylum-pending based DV cases posting in the DV AOS threads, some successful, some not.If you share your future experiences here, it would be very useful for people in the same situation.
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.@Sm1smom not sure if you saw this thread but given your familiarity with a number of asylum-based DV cases thought you might want to comment?
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.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.
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?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.
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.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?
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.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.
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.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.