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I have won the DV 2015 lottery .I want to talk about the steps ahead of me considering

Lowell, MA |

1) I came in USA as student in student F1-VISA starting spring 2014 and got married
2) My husband has been working in USA under H1B visa ?
Will my Student non-immigrant F1-visa and Husband's H1B visa be eligible for adjustment of status ?
3) We got married on 1st Feb 2014 but I applied for DV lottery last year around Oct 2013 as unmarried.
Can I add my husband now for adjustment of status to Permanent Resident?
Which is the best way to get Permanent residence Adjustment of status or Consular Processing(CP)?

Attorney Answers 3

Posted

1. Good question, but it doesn't appear to have anything to do with the lottery.
2. Are you trying to squeeze him into your visa?
3. What is your question?

You would be wise to talk to an immigration attorney ... these are complex and delicate matter that you are considering.

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. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Asker

Posted

Thanks for response Yes I am trying to include him in my visa and as per USCIS direction it is possible.I married on Feb '14 after filing as unmarried for Diversity VIsa lottery last year on Oct 2013. My Question is since we are both filing for immigrant visa although we are under non-immigrant visa now , will that effect any chances of getting Green Card? Suppose after filling AOS we unfortunately loose the bid to get the Green Card till Sept 2015(Last day to get DV '15 visas) . Will we loose our existing non-immigrant visa and get deported ? Also our case number is 2015EU00017XXX . As per this year's record ,on visa bulletin the case number should become current around Jan '15.

F. J. Capriotti III

F. J. Capriotti III

Posted

1. Don't file early 2. Use a lawyer to do your papers.

Posted

Apply through adjustment of status. You can submit form I-485 90 days before your number is reached.

Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Posted

You can include him with your adjustment if status while you both are here legally. Better not risk the consular processing which may interfere with your f1 and his employment as h1.

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