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dv lottery adjustment of status when my status is about to expire

S

sozo

Registered Users (C)
I am dv 2014 winner from Europe with a very high case number. I have to wait till all numbers for Europe becomes current. My status in America expires April 10th.

Do I need to maintain status until I receive the visa? Or if my case is pending does that guarantee I am in legal status at the time of the interview?

My interview would most likely be in June or July. Can I file I 485 in March if my status expires in April?

Or is it better in my case to do consular processing? Which processing is faster? I know there are less applicants in the States than in my home country.

Hope someone can help me with legal advice. Thank you!
 
Any over staying will get you in trouble!
If your visa expires you will be out of status, you are going to compromise your GC.
 
sozo said:
I am dv 2014 winner from Europe with a very high case number. I have to wait till all numbers for Europe becomes current. My status in America expires April 10th.

Do I need to maintain status until I receive the visa? Or if my case is pending does that guarantee I am in legal status at the time of the interview?

My interview would most likely be in June or July. Can I file I 485 in March if my status expires in April?

Or is it better in my case to do consular processing? Which processing is faster? I know there are less applicants in the States than in my home country.

Hope someone can help me with legal advice. Thank you!
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This question can be better answered (maybe has been already answered) in the AOS thread, but you will not be able to apply for a GC in the US if you are not in status. If you cannot get your status extended (that is the bit I don't know but the AOS thread will probably answer) you have to go home and do CP.
 
As susieQQQ and Vladek stated, Its better to do a CP in your case. You can only file your AOS when your case becomes current. If your current visa expires and you overstay you will be denied of your Green card and may even banned from re-entering US for a certain period. So call KCC and send your set of updated forms to switch to CP from AOS and wait till your case is current to have a CP interview scheduled.
 
sozo said:
I am dv 2014 winner from Europe with a very high case number. I have to wait till all numbers for Europe becomes current. My status in America expires April 10th.

Do I need to maintain status until I receive the visa? Or if my case is pending does that guarantee I am in legal status at the time of the interview?

My interview would most likely be in June or July. Can I file I 485 in March if my status expires in April?

Or is it better in my case to do consular processing? Which processing is faster? I know there are less applicants in the States than in my home country.

Hope someone can help me with legal advice. Thank you!
Click to expand...

IMO, an appropriate response cannot be provided without you indicating your current visa status and your CN. Like Sussie already suggested you should take a look at the AOS if you haven't already, and if you have, then consider posting follow up AOS questions on that thread.
 
Thank you so much for your responses. I don't consider overstaying. But I think you are in status when your AOS is pending. The question is how early I can file and if my application gets accepted before April 10th when my status expires.

it really all depends when all numbers for Europe become current cause my number is above 40K

Its probably safer to do Consular processing but timing is an issue cause my number is high. The question is which process is faster.
 
Lionhawk said:
Do a CP my friend! don't risk overstaying. what do you think Sm1smom?
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The OP hasn't provided what I consider relevant information such as his/her current visa status which may or may not lead to other questions. So what I think is irrelevant at this stage.
 
1. USCIS wont accept your AOS application till your case number is current and not all visa's are eligible for an AOS . therefore until you file your AOS application with USCIS, your current visa is what you're evaluated by.
2. CP is known to be a faster process than AOS

So if you need more specific answers for your scenario please provide more information on what visa, you're on, the validity of your visa and your partial case number, so more people can give you better and well informed answers
 
Thank you Lionhawk. Im in valid R1 status till April 10th and my cn is EU 53xxx. The more I read about it the more I'm inclining to do CP.

For some reason I thought AOS is faster. In my case timing is everything.

However my only chance to do AOS would be to send the I 485 package and get accepted before April 10th. Looking at the bulletin I think its too early and its likely to be rejected, if I do that

Am I thinking correctly? Thank you for all your input.



Lionhawk said:
1. USCIS wont accept your AOS application till your case number is current and not all visa's are eligible for an AOS . therefore until you file your AOS application with USCIS, your current visa is what you're evaluated by.
2. CP is known to be a faster process than AOS

So if you need more specific answers for your scenario please provide more information on what visa, you're on, the validity of your visa and your partial case number, so more people can give you better and well informed answers
Click to expand...
 
sozo said:
Thank you Lionhawk. Im in valid R1 status till April 10th and my cn is EU 53xxx. The more I read about it the more I'm inclining to do CP.

For some reason I thought AOS is faster. In my case timing is everything.

However my only chance to do AOS would be to send the I 485 package and get accepted before April 10th. Looking at the bulletin I think its too early and its likely to be rejected, if I do that

Am I thinking correctly? Thank you for all your input.
Click to expand...

You need to think about a plan B.

With that case number you may not ever get current - there are not enough visas for all this year. So IF you did get current it would only be in September and honestly - I doubt that your number will go current at all. You will find out in mid July. The reason I am being so blunt is so that you weigh your options with a realistic assumption that your DV win may not get you a Green Card. You should make your plans accordingly - IMHO. Best of luck, whatever you decide.
 
britsimon said:
You need to think about a plan B.

With that case number you may not ever get current - there are not enough visas for all this year. So IF you did get current it would only be in September and honestly - I doubt that your number will go current at all. You will find out in mid July. The reason I am being so blunt is so that you weigh your options with a realistic assumption that your DV win may not get you a Green Card. You should make your plans accordingly - IMHO. Best of luck, whatever you decide.
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+1
 
britsimon said:
You need to think about a plan B.

With that case number you may not ever get current - there are not enough visas for all this year. So IF you did get current it would only be in September and honestly - I doubt that your number will go current at all. You will find out in mid July. The reason I am being so blunt is so that you weigh your options with a realistic assumption that your DV win may not get you a Green Card. You should make your plans accordingly - IMHO. Best of luck, whatever you decide.
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Welcome back mate!, and this professionalized opinions were actually missed!
 
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