how long can you be out of status without affecting green card lottery application

J

jasmina424

New Member
Before applying for my assylum, I have been on section 13. It didn't work out, so I took 2 month after the rejection to apply for assylum. Now i won the green card lottery, and I wonder if I continued through this process, would this two month affect me and be considered out of status? Please advise.
 
This was answered in the other forum you posted it.
Being out of status at any stage at all makes you ineligible to process AOS in DV or indeed any category other than that of immediate relative of a US citizen (and one or two other very limited categories).
 
What SusieQQQ is correct about AOS. If you are out of status (even if you had applied for asylum before your previous status ended, that still doesn't mean you are in status, because a pending application is not status), you cannot do AOS in your category.

However, if you have accrued less than 180 days of "unlawful presence", you can leave the US without triggering a ban and do Consular Processing abroad for an immigrant visa. You do not accrue unlawful presence while a properly-filed Adjustment of Status was pending. You also do not accrue unlawful presence while a bona fide asylum application is pending, if you did not work illegally at all during the pendency of the asylum application. So it's possible that you only have 2 months of unlawful presence.
 
Yes, CP is a possibility, assuming one is able to arrange a consulate to interview at. Presumably cannot return to COP to do that, but most embassies require either residency or nationality of country concerned to interview for an immigrant visa? May be special allowances for asylees.
 
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