Out of Status and GC through Visa lottery

[Iluvus]

If you're out of status in the US (due to pending applications that were later denied) and you win the visa lottery, how would that affect your AOS through the lottery?

Thanks.

 

[GotPR?]

One of AOS eligiblities is maintaining status. If your out of status is more than 180 days, you can not adjust your status in the US.

INA 245(k)

(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--


(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;


(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--


(A) failed to maintain, continuously, a lawful status;


(B) engaged in unauthorized employment; or


(C) otherwise violated the terms and conditions of the alien's admission.

 

[Al Southner]

Out of Status & GC Visa ( Don't be intimidated... file now here...

You should go ahead and file for AOS with a copy of your DV lottery results, which in this case, will be a letter acknowledging that you are eligible for an immigrant visa as it pertains to DV lottery.

I understand that you are out of status, the most important thing you need to remember is this: You never want to leave the US if you have been out of status for more than 180 or even less, the reason being that you will be barred from the US either for 3 or 10 years. This condition cannot be changed even if you marry an American citizen. My advise, get hold of form I-485 and any necessary forms which you need to submit to USCIS and send them, with a correct filing fee. In addition, your copy of DV results notification, please keep the original with you. In addition, make copies of everything that you send to USCIS, they have a tendency to lose documents.

Don't you dare leave the US, seek to adjust your status here, even if you are out of status. I am sure there are people who have adjusted their status before, and have had similar situation as you. My friend, don't be intimidated by USCIS, be a lion-heart and send whatever is necessary. The worse that could happen, they can deny or approve your petition. So, you won't know this, unless you send your papers.

I am not a lawyer, but this I hope will give you courage to proceed. Listen , there are many immigration laws, and people break them all the time to adjust their status, so hope that you are one of those who will succeed.

 

[Iluvus]

GotPR, arent there exceptions to the rule? like if you marry a USC?

Thanks Al southner, that was very encouraging. I would definitely take my chances in the US if the situation arises.

 

[GotPR?]

GotPR, arent there exceptions to the rule? like if you marry a USC?
.

As JoeF pointed out, spouse of US citizen is exceptionally allowed to run AOS even though s/he was overstaying or out of status. But your case might be alittle different. You may not be able to do AOS through DV program even though you are married to USC. You probably need to go with IR category.
Here is from 8 CFR Sec 245.

(b) Restricted aliens. The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act, unless the alien establishes eligibility under the provisions of section 245(i) of the Act and Sec. 245.10, is not included in the categories of aliens prohibited from applying for adjustment of status listed in Sec. 245.1(c), is eligible to receive an immigrant visa, and has an immigrant visa immediately available at the time of filing the application for adjustment of status: (Revised 10/1/94; 59 FR 51091)

(10) Any alien who was ever employed in the United States without the authorization of the Service or who has otherwise at any time violated the terms of his or her admission to the United States as a nonimmigrant, except an alien who is an immediate relative as defined in section 201(b) of the Act or a special immigrant as defined in section 101(a)(27)(H), (I), (J), or (K) of the Act. For purposes of this paragraph, an alien who meets the requirements of § 274a.12(c)(9) of this chapter shall not be deemed to have engaged in unauthorized employment during the pendency of his or her adjustment application. (Added 7/23/97; 62 FR 39417)




Highlighted in red refers to 201(b). 201(b) actually says
(b) Aliens Not Subject to Direct Numerical Limitations. - Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a), are as follows:


"Alien Not Subject to Direct Numerical Limitations" is those applying for GC through IR category. If you are applying for AOS through DV, you are still under numerical limitation and in strict sense, you do not come under 201(b).

I did not read all the eligilibity in INA and CFR, and I may be wrong, though.