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DV 2021 with a pending asylum (possible technical exception?)

Hello Everyone,
I have a question about DV 2021 and an asylum case. I was interviewed for an asylum application submitted in 2014 on 2017 but never heard a decision. My nonimmigrant status lapsed May 2020 while awaiting the decision. My spouse won the DV 2021 and is submitting AOS. We were hoping, after a brief consultation with lawyers, that we would qualify for a technical exception as the pending decision was/is not in our control. The asylum was submitted on a timely basis and we have never worked unauthorized. BUT since our nonimmigrant status (F1) expired we are currently not in legal status. Will this be a reason for disqualification even when the asylum decision is pending after the interview?

My case number 2021AF12*** became current this month (March 2121) and it was delivered at Chicago loc box on Mar 2nd. Have not yet received email/text about acceptance.