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Can I file DS-230 for diversity visa while my OPT(Optional Practical Training) is still pending?

Salt Lake City, UT |

I have filed my OPT application and it is under Initial Review now. I got 2014 diversity visa(DV) and I decided to do counseling process (CP) because my number is high. However, I haven't filed application for my DV because I afraid that my OPT (EAD card) won't be approved. Should I wait my EAD card approve and file DS-230 for DV or I can file DS-230 now?

Attorney Answers 2


You should wait before filing your DS-260 after having obtained your OPT EAD card, but no later than October 1, the beginning of the new fiscal year for the DV. I strongly recommend that you seek to adjust your status to DV green card in the US, with USCIS, rather than at a consulate abroad, because your chances will be greatly diminished abroad, especially if you happen to have a high number, for consuls abroad are unpredictable, arbitrary and often capricious. An immigration attorney representing you will have much more control of your case here in the US where you'll have the right to due process under the US constitution attach to you, than in a consulate overseas where you will have no rights whatsoever and besides a consular visa denial is not appealable, not at all so with USCIS.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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I agree with my learned colleague that such filing should be aimed at filing in the U.S. with a U.S. based counsel to better the chances of its successful processing eventually.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and 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 professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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