DV lottery while asylum pending

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KS79

Registered Users (C)
I win dv lottery 2011 while my asylum application is still waiting for court. I came with B2 visa and was out of status for few weeks before I filed my asylum. I heard it's not possible to do AOS here, but what about consular processing? Is it a good idea? I don't mind going back as long as I got my GC.
 
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It's gonna look really bad if you go back home for consular processing, you applied for asylum fearing persecution, where is the fear now that's the question the CO is going to ask, since DV outcome is heavily based on a CO it is going to be hard, they are going to think you applied for asylum to evade immigration laws of the US.
 
KS79 said:
I win dv lottery 2011 while my asylum application is still waiting for court. I came with B2 visa and was out of status for 2 weeks before I filed my asylum (thanks to my slow response attorney). I heard it's not possible to do AOS here, but what about consular processing? Is it a good idea? I don't mind going back as long as I got my GC.
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You have a pending asylum application in court and out of the sudden you are willing to go back to COP to get GR because you won a lottery.

Why did apply for asylum if you don't have fear of persecution?
 
namecheckvictim said:
It's gonna look really bad if you go back home for consular processing, you applied for asylum fearing persecution, where is the fear now that's the question the CO is going to ask, since DV outcome is heavily based on a CO it is going to be hard, they are going to think you applied for asylum to evade immigration laws of the US.
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He can still withdraw his asylum application because its not been decided yet. I had a friend who applied for an asylum but ended up withdrawing the application and it didn't affect her visitor visa. USCIS let her keep her visitor visa if she withdrew and go back to her country.
 
fat_face said:
He can still withdraw his asylum application because its not been decided yet. I had a friend who applied for an asylum but ended up withdrawing the application and it didn't affect her visitor visa. USCIS let her keep her visitor visa if she withdrew and go back to her country.
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That's what another professional told me. Withdraw asylum case, go back to process lottery, and come back as soon as possible. I still have doubt, though.
 
assylum said:
You have a pending asylum application in court and out of the sudden you are willing to go back to COP to get GR because you won a lottery.

Why did apply for asylum if you don't have fear of persecution?
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Please don't think bad of me, I'm trying to ask for opinion and not judgement. Asylum is a long and uncertain process, lottery is once in a lifetime chance, and both have the same outcome. We all want to live here legally.
 
fat_face said:
He can still withdraw his asylum application because its not been decided yet. I had a friend who applied for an asylum but ended up withdrawing the application and it didn't affect her visitor visa. USCIS let her keep her visitor visa if she withdrew and go back to her country.
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Big difference between being allowed to keep a Non immigrant visa Vs US Permanent residency, you are comparing apples to oranges.
 
namecheckvictim said:
Big difference between being allowed to keep a Non immigrant visa Vs US Permanent residency, you are comparing apples to oranges.
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the presumption of fraud applies the same way to a non-immigrant visa status as it is to an immigrant status or visa. She would not have been able to keep any status if the USCIS thought she was committing fraud by withdrawing her asylum application.
 
His/her asylum application will be part of his/her alien file forever. The officer who will process his/her DV lottery I-485 application in COP will have to request the alien file from the US because the officer can't makes a decision without reviewing the entire alien file.
There is a high chance that the officer will reject the application or refer it to the office of invetigation for further review.
 
If you wont cite me on this, i think you could withdraw the asylum application, and get onto the procedure for Diversity Visa-- WITHOUT having to leave the country. A good lawyer is what you need at this point.
 
Devastation said:
If you wont cite me on this, i think you could withdraw the asylum application, and get onto the procedure for Diversity Visa-- WITHOUT having to leave the country. A good lawyer is what you need at this point.
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If the applicant is not inadmissible under 212(a)(9)(b), the judge has the jurisdiction to approve the I-485. USCIS does not have the jurisdiction to process the I-485 if the applicant is in proceedings unless he/she was paroled into the US.

If the asylum applicant did not have previous overstay before applying for asylum, then it might be possible for the DV I-485 to be processed without leaving the country because the applicant is not affected by 212(a)(9)(b)
 
Hi guys,I have question,I won the dv lottery 2 times in a row while my asylum case is pending since 2005,I came as a J1 visa and expired end of 2005,but I am not subject to sec 212e.
Can I apply for adjustment of status in the US?
Thanks for answer.
 
Msodiqus7 said:
Hi guys,I have question,I won the dv lottery 2 times in a row while my asylum case is pending since 2005,I came as a J1 visa and expired end of 2005,but I am not subject to sec 212e.
Can I apply for adjustment of status in the US?
Thanks for answer.
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Yes you can apply for adjustment of status based on DV lottery if you did not have any unlawful presence in the US before you applied for asylum. Get an experienced lawyer who know the law of unlawful presence, asylum, and DV lottery.

By the wat, you may need a waiver from your country because you entered the US as J1.
 
Thanks,I did not do any unlawful presence,and I am not required to go back,and not subject to section 212e,i think.
But my lawyer says I am not eligible.i don't know what to do.
 
It sounds that you have a very good luck. You won lottery twice.
 
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That's right.I have wife and kids back home country.and I miss them too.I guess I will hire another lawyer.
 
Thanks for all your advice. As far as I know, out of status and unlawful presence are two different things. In my case, I had an out of status, but not unlawful presence (or subject to 3 or 10 year ban), that's why few people advise me to ask voluntary departure and pursue lottery instead. I'm still discussing my options right now, haven't reached a decision yet.

Msodiqus7, I could only advise you to consult few other lawyers. There are few that will give you advice free of charge, try to contact your local USCIS for list of pro bono lawyers in your area. Also there is avvo.com and lawbench.com if you need a quick response (avvo is free, lawbench is $15). Try to expand your knowledge and not just depend on your lawyer. I have learned my lesson.
 
KS79 said:
Thanks for all your advice. As far as I know, out of status and unlawful presence are two different things. In my case, I had an out of status, but not unlawful presence (or subject to 3 or 10 year ban), that's why few people advise me to ask voluntary departure and pursue lottery instead. I'm still discussing my options right now, haven't reached a decision yet.

Msodiqus7, I could only advise you to consult few other lawyers. There are few that will give you advice free of charge, try to contact your local USCIS for list of pro bono lawyers in your area. Also there is avvo.com and lawbench.com if you need a quick response (avvo is free, lawbench is $15). Try to expand your knowledge and not just depend on your lawyer. I have learned my lesson.
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unlawful presence and out of status are the same unless you leave volunteerly

The 3 and 10 years bar take an effect if you leave the country volunteerly without GC after having 6 or more months of unlawful presence in the US.

Make sure that the lawyer you hire knows about section 212(a)(9)(b).
 
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