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Help me out - AOS issue

P

Pistodan

New Member
Hello Mr. Rajiv
Am running out of time I have submitted based on dv lottery.My interview is on end of May.I came to USA with b2 visa. I was intend to do an asylum while am preparing for that I realized that am selected for dv lottery.I wrote my personal statement of asylum and affidavit support notarized. Then won the dv lottery I went to uscis by info pass before I submitted my I-485 and the immigration officer on the window told me we don't give any legal advise and told that can apply if I paid. I went to an immigration lawyer and he told me that I can do the AOS. Am really confused? I already got my EAD card if they deport me I will be in jail forever.Am not a working in USA and waited three months to get the interview. My b2 visa is already expired. Please help me out from this situation.
 
Moved your thread to a more appropriate place. You need to get input from Sm1smom, although I suspect that your visa being out of status is a dealbreaker for aos.
 
Pistodan said:
What does that mean?
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Pistodan, my understanding is that you need to be in status during the aos process. However, your status may be OK if you applied for aos in time. I'm not an aos expert so I am hoping Sm1smom will step in here and advise you correctly.
 
Britsimon said:
Pistodan, my understanding is that you need to be in status during the aos process. However, your status may be OK if you applied for aos in time. I'm not an aos expert so I am hoping Sm1smom will step in here and advise you correctly.
Click to expand...

Going by the details provided by this OP and the style of writing, I think I already know who this person is. I don't think there's anything new I can tell him considering how many PMs he's exchanged with me and his previous posts too, all on the other forum. I'm not thrown off by the new user name adopted by the OP. In my last communication with him, I told him he needs to make sure he gets his story straight when he meets with the IO, that he may need to explain to the IO how he was able to get all of the documents he used in support of his application because he told me he only found out about his DV selection in February and he filed in March, when admittedly he could have filed in October when his CN actually became current. The OP did file and his application got accepted before his visa expired, so he's okay on that end. He just needs to be convincing to the IO should they decide to grill him, I tried to get him prepared and think ahead of possible questions he could be asked.
 
Ouch. If his case turns on when he found out about the DV selection (and therefore whether he lied when entering under the B2), he will have a problem. They may be able to lookup when the selectee saw the you have been selected notification.
 
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