Thank you assylum. He did mention the periods for my pending asylum does not count towards unlawful presence, so two weeks out of status will not trigger a 3 year ban. Also, since I stayed here over a year before given a notice to appear in court, I could ask for voluntary departure to avoid a deportation order.
DV lottery while asylum pending
- Thread starter KS79
- Start date
It will be a wise idea if you get additional consultations from other lawyers because you might be able to get DV GC without leaving the country.
Thank you, I will do that. So far, two lawyers I contacted said is not possible, but I will try to get more legal opinions.
kukilaska
Active Member
Dv lottery and Asylum pending. Do AOS?
Hello, I have very important question. I am selectee to Diversity Visa Program. I just checked my status yesterday and I am selected. But I am currently in USA, legally. I know about Adjust of Status. But I don't know if I can to this because I have Asylum application pending past 1,5 year. I am legally now and I am working because USCIS granted me work permit and driver license, but only because I am waiting already long time for my Asylum application to move forward and is still in process. I get answer on the forum "Yes, You are eligible to AOS by Your usCIS based on the DV Lottery selectee. If You came to states legally and all this time You are.".Yes I was and I am legally here. Do I am eligible to do Adjust of Status by I-485 or how? Please give me some advices. But please don't tell ma about charge money because I am very poor... All this time every application I do by myself but in this case I just need small instruction because I get lost
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Hello, I have very important question. I am selectee to Diversity Visa Program. I just checked my status yesterday and I am selected. But I am currently in USA, legally. I know about Adjust of Status. But I don't know if I can to this because I have Asylum application pending past 1,5 year. I am legally now and I am working because USCIS granted me work permit and driver license, but only because I am waiting already long time for my Asylum application to move forward and is still in process. I get answer on the forum "Yes, You are eligible to AOS by Your usCIS based on the DV Lottery selectee. If You came to states legally and all this time You are.".Yes I was and I am legally here. Do I am eligible to do Adjust of Status by I-485 or how? Please give me some advices. But please don't tell ma about charge money because I am very poor... All this time every application I do by myself but in this case I just need small instruction because I get lost
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albanmus
Registered Users (C)
How can unlawful presence and out of status be the same. There is a reason why the statements have different wording. Out of status refers to when one overstays beyond the time window indicated on their visa. Unlawful presence refers to someone who is in the US without any documentation at all. No authorization to be here. It can also apply to someone who has gone beyond the 1 year period of being out of status. Now from my understanding, 'I stand to be corrected' after reading section 212(a)(9)(b). It clearly states..."(II) Asylees.-No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States." (http://caracas.usembassy.gov/visas/section-212a9b-of-the-immigration-and-nationality-act.html) Web. Aug.01.2014. So if you win the GC lottery while you have a pending Asylum application, you need not return to your country of persecution. You can go through the process while you are in the US. Even if you did not have a pending Asylum application and are in the US legally, you need not return to your home country for processing. The questions that would affect your GC lottery processing are: At the time of your asylum application, were you still in status? If yes, then you should have no problems.
Omar70707070
Member
Sir I have the same situation therefore can I contact you if you don’t mind?.
tinaina
Active Member
What did you do? I am in the same situation and I hope I get lottery green card before getting asylum
I am in the same situation as many of you ... Filed for asylum while my visitors visa was valid, now waiting for my Asylum interview and I’ve been randomly selected for the Diversity Lottery Visa. Has anyone had success in obtaining the Diversity Visa ? Has anyone had success in adjusting their status within the United States and in the process of obtaining their Diversity Visa ? Can anyone who has completed the process share their experience with us ? Can anyone who has had success let us know what immigration lawyer assisted you ?
Sm1smom
Super Moderator
A noticeable number of asylum pending petitioners have successfully processed their DV selection without the aid of any lawyer. You can visit the Visa Lottery forum for more information/guidance on how to process a DV based AOS petition.
Sm1smom, Thank you for your prompt response. Were you one of the asylum pending petitioners who successfully adjusted status and received Diversity Visa ? Those who have seem to be like Unicorns. You hear about them but never see one. I would like to connect with someone who has had success.
Sm1smom
Super Moderator
Nope, I was never an asylum petitioner. I was under the assumption your ultimate goal was to get some guidance on how to successfully obtain a GC as a DV selectee which is what my response was about. Sounds like your desire is more of connecting with people - well, good luck with that considering most members don’t hang around the forum once their petitions get approved, same way you most likely wouldn’t be hanging around here in a couple of years for a newbie to connect with you.
As I mentioned earlier, I am waiting for my Asylum interview and in the meantime I’ve been randomly selected for the DV Lottery. The predicament I have is I’ve been told that I WILL NOT be able to adjust my status and persue the Diversity Visa. I don’t know if the information that I have received is correct or not. That is why I was trying to connect with someone who WAS IN MY SITUATION and had success while in the United States waiting for their Asylum interview, successfully adjusted their status and received their visa through the Diversity Visa Program. I have not had any success in locating anyone who successfully did that nor can I find any communication on this site of anyone who has had success in accomplishing what I am trying to do. I came to this site hopeful of getting help not a sarcastic response.
Sm1smom
Super Moderator
You were given what I consider useful information, a starting point IMO, which you didn’t bother to follow up on while insisting all you’re looking for is to connect with someone who’s gone through the process.
It doesn’t seem to me like you’ve done a good job of searching if indeed you haven’t found ANY communication on this site of anyone who has had success in accomplishing what you’re trying to accomplish. Because this “forums immigration” certainly contains stories of asylum pending petitioners who successfully processed DV based AOS petitions.
And FYI, I guided most through the process - yeah tooting my own horn. But hey, what do I know? I’m moving on with my “sarcastic response” and again, wish you success in connecting to someone who has accomplished what you’re you’re trying to do.
Before tooting your horn you should go back and re-read my first post. I clearly stated MY unique situation and asked for response from people who were in different stages of that same situation. Your initial response was not on point with any of my questions. And lastly, show me if you can, one person who posted on this site who was in the EXACT situation as me and had success in obtaining the Diversity Lottery Visa. ... Then perhaps you can toot your horn.
