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

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?

Kill Devil Hills, NC -

Attorney Answers (4)

Carl Michael Shusterman

Carl Michael Shusterman

Immigration Attorney - Los Angeles, CA
Answered

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

Please click the link below for additional information.

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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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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
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Justin G. Randolph

Justin G. Randolph

Immigration Attorney - Chicago, IL
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
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Wendy Renee Whitt

Wendy Renee Whitt

Immigration Attorney - Plano, TX
Answered

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

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Philip Alan Eichorn

Philip Alan Eichorn

Immigration Attorney - Cleveland, OH
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.

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