DV-2008 lottery winner, AOS in US?

[Voya75]

Hi guys, please help me with this issue! I have just receved NL from Kentucky CC regarding the DV-2008. I don't know what to do? Here is my short story...I came to US with B-2 visa, applied with I-539 form to change the status within the time frame in I-94 card, and got denial letter from USCIS 2 months ago. Can I adjust the status in US through DV-2008 diversity immigrant program or have to go back home and do it in my home country with CP? Since I'm now out of status, if I leave the US am I going to get ban? When have my unauthorized stay occured, from the exparation date in I-94 card or when I get my deniel letter from USCIS? What are my options and what's best for me to do?
Many thanks to you all for your help!

 

[Johnkent]

Hi guys, please help me with this issue! I have just receved NL from Kentucky CC regarding the DV-2008. I don't know what to do? Here is my short story...I came to US with B-2 visa, applied with I-539 form to change the status within the time frame in I-94 card, and got denial letter from USCIS 2 months ago. Can I adjust the status in US through DV-2008 diversity immigrant program or have to go back home and do it in my home country with CP? Since I'm now out of status, if I leave the US am I going to get ban? When have my unauthorized stay occured, from the exparation date in I-94 card or when I get my deniel letter from USCIS? What are my options and what's best for me to do?
Many thanks to you all for your help!

I really don't know what the deal it.But i've heard several times about the 180 days illegal stay and i really can't say if it starts when ur I-94 expired or when u received the denial paper from USCIS. maybe someone might have an answer for ya but i can definitely tell ya that u won't be able to adjust your status cos apparently, u have no status.

 

[toomackie]

Hi Voya75

As Johnkent told you, you won't be able to do AOS.

"If we deny your change of status application, you will be considered to have been “out of status” for the entire period following the expiration of your original nonimmigrant status and will be required to depart from the U.S. immediately upon notification of such denial of status."
source: http://www.uscis.gov/files/article/c2_english.pdf

 

[Daisy7]

Hi guys, please help me with this issue! I have just receved NL from Kentucky CC regarding the DV-2008. I don't know what to do? Here is my short story...I came to US with B-2 visa, applied with I-539 form to change the status within the time frame in I-94 card, and got denial letter from USCIS 2 months ago. Can I adjust the status in US through DV-2008 diversity immigrant program or have to go back home and do it in my home country with CP? Since I'm now out of status, if I leave the US am I going to get ban? When have my unauthorized stay occured, from the exparation date in I-94 card or when I get my deniel letter from USCIS? What are my options and what's best for me to do?
Many thanks to you all for your help!

Hi, I would suggest you to go home asap and do CP. I think 180 days count from the expiration date in I-94 since you have received the denial letter. I was in the similar situation and I did the research regarding this issue on the internet. Just I got the notification letter from KCC one year later when I was already back in my country. As far as I was told by immigration lawyer the bans are following: 6 months if you are illegally up to 180 days, 3 years if you are illegally 180-365 days, and 10 years if you are more then 365 days.

And don´t forget there is a question on the form from KCC if you were illegally more than 180 days.