I have an asylum case pending, but I won Diversity Visa Lottery. Can I adjust my status?

Asked about 2 years ago - Kill Devil Hills, NC

Today I went to USCIS office and the officer said I can't do that , because I don't have a status. But my lawyer says we can do it, but she is procrastinating everything. I really need help. Do I have a chance to get a green card or not?

Attorney answers (4)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . If you want to adjust status through the lottery, you must be in status.

    Please click the link below for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Subscribe to our Free Immigration Newsletter
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Justin G. Randolph

    Contributor Level 16


    Lawyer agrees

    Answered . Actually if you're out of status you can't take advantage of the diversity visa I believe. A colleague can correct me if I'm wrong.

    My answering this question does not form an attorney-client relationship. Always retain a qualified attorney... more
  3. Wendy Renee Whitt

    Contributor Level 15

    Answered . I agree with Mr. Shusterman. Good luck with your asylum case!

  4. Philip Alan Eichorn

    Contributor Level 19

    Answered . Need a bit more info including your date of last entry and the status in which you entered. Also will need the date you filed your asylum application and where it is within the process.

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

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A green card is a legal document which provides proof that the owner is a lawful permanent resident of the United States.

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