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Can I apply for the green card lottery if I'm in the USA on F-1 visa?

Chicago, IL |

Also, can my friend, who overstayed his visa, apply for the green card lottery? He is in the USA too.

Attorney Answers 3

Posted

Anyone can apply for the DV lottery. Your friend, however, will not be able to adjust status even if he/she wins because you need to be in valid non-immigrant status at the time you file your I-485 application after 1 October 2013. Good luck!

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Posted

What if my friend has already applied for the lottery?

Posted

You may apply for a Diversity Visa while maintaing your legal status, however, your friend with undocumented status rendered himself ineligible for the same.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Posted

What if my friend has already applied for the lottery?

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

It will be deemed ineligible for adjustment provided he would be selected.

Julia Sverdloff

Julia Sverdloff

Posted

You both may apply for diversity lottery. Howeve, if selected your fiend will be deemed inelegible as he is out of status.

Posted

You .... yes

Your friend ... sorry, no

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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What if my friend has already applied for the lottery?

F. J. Capriotti III

F. J. Capriotti III

Posted

Tell him he wasted his time.

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