Asylum Seeker in USA wins Lottery Green Card

2. Regarding the unlawful presence ban, he does not accrue unlawful presence while a "bona fide" asylum application is pending, if he never worked illegally. So if he did not accrue 180 days of unlawful presence before filing asylum, and his asylum application is "bona fide", and he did not work illegally, then he should not trigger a unlawful presence ban upon leaving.
 
MightyRvr said:
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.
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1. For CP, interview is typically scheduled based on the listed current address on the DS260. Interview may also be scheduled based on country of citizenship upon request. In order to get scheduled for an interview in a 3rd country, KCC will expect the selectee to be able to demonstrate some sort of tie to the country.
2. AFAIK, upon departure from the US without an approved AP, the pending asylum is considered abandoned which will subsequently trigger an accrual of unlawful presence.
3. Not in all cases, you would have read the previous posts on this thread before posting your questions I assume.
 
@tintin2022 @Sm1smom
tintin2022 said:
@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?
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I am in a similar situation. I am a DV-2026 winner with AS22xxx. This number will be current around March 2026 (because 15xxx was current in January 2025). But TPS for Burma ends on November 25, 2025, because DHS has been silent on the extension or termination. They also have not registered an automatic extension in the Federal Register.

I came here as F-1 and stayed for 4 years as a student, then filed asylum when the coup in Burma happened, and also applied for TPS. I have no criminal history or any violations so far. I had an asylum interview before where the USCIS case officer displayed prejudice, and she closed my asylum case without referring it to the Immigration Court in 2021 since I had other valid status. My lawyer said there was nothing she could do in that case.

I know I am eligible to apply for another asylum now before TPS ends on November 25, 2025, because personnel from the Myanmar military regime caused the death of my mother in May 2025, and I cannot even go back to attend the funeral due to worry about being arrested and subjected to harsh treatment or mandatory conscription. I don't have proof of how they caused her death, only the proof that my mom passed away from wounds at home after they had been coming to my place looking for conscription candidates.

I know a lot about immigration law, I have read forums, and we have AI these days, but my situation is too unique, so most immigration lawyers don't have an answer. I can file my new asylum case since it is within 6 months of the major situation change, but I won't be able to adjust in March 2026 because I heard new asylum interviews are given so fast. I am worried this asylum officer will be biased like the one before, even though my story was consistent and believable (according to the NOID) in 2021.

If they sent me to Removal Proceeding, I won't be able to adjust for sure, unless TPS is extended somehow after immigration advocates sue the administration and get a temporary approval, like the Venezuela TPS case. Maybe can we use the lack of action by DHS as a technical violation in this case, given the country is still clearly in a bad situation? Or should I just file the AOS application before November 25, even though my number is not current yet?

What happened with your case, Tin Tin, because I know you are Burmese too? What do you suggest in my case, sm1smom?
 
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HtooAungWin said:
@tintin2022 @Sm1smom

I am in a similar situation. I am a DV-2026 winner with AS22xxx. This number will be current around March 2026 (because 15xxx was current in January 2025). But TPS for Burma ends on November 25, 2025, because DHS has been silent on the extension or termination. They also have not registered an automatic extension in the Federal Register.

I came here as F-1 and stayed for 4 years as a student, then filed asylum when the coup in Burma happened, and also applied for TPS. I have no criminal history or any violations so far. I had an asylum interview before where the USCIS case officer displayed prejudice, and she closed my asylum case without referring it to the Immigration Court in 2021 since I had other valid status. My lawyer said there was nothing she could do in that case.

I know I am eligible to apply for another asylum now before TPS ends on November 25, 2025, because personnel from the Myanmar military regime caused the death of my mother in May 2025, and I cannot even go back to attend the funeral due to worry about being arrested and subjected to harsh treatment or mandatory conscription. I don't have proof of how they caused her death, only the proof that my mom passed away from wounds at home after they had been coming to my place looking for conscription candidates.

I know a lot about immigration law, I have read forums, and we have AI these days, but my situation is too unique, so most immigration lawyers don't have an answer. I can file my new asylum case since it is within 6 months of the major situation change, but I won't be able to adjust in March 2026 because I heard new asylum interviews are given so fast. I am worried this asylum officer will be biased like the one before, even though my story was consistent and believable (according to the NOID) in 2021.

If they sent me to Removal Proceeding, I won't be able to adjust for sure, unless TPS is extended somehow after immigration advocates sue the administration and get a temporary approval, like the Venezuela TPS case. Maybe can we use the lack of action by DHS as a technical violation in this case, given the country is still clearly in a bad situation? Or should I just file the AOS application before November 25, even though my number is not current yet?

What happened with your case, Tin Tin, because I know you are Burmese too? What do you suggest in my case, sm1smom?
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You’re not eligible to file for AOS if your CN is above the listed cutoff number in the VB.
 
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