No more details
He can apply. It's far more complicated when it comes to processing. He cannot process in the USA. He would need to travel to his country and depending on his status and how long he has been out if status on the USA he may not make it back. Consult an Immigration Lawyer when it comes to processing .
Employment / Labor Attorney
He can apply.
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com
Whether he is in a valid status in the US does not matter. He can apply if he meets the other requirements related to education for example and is from one of the countries eligible to participate in the DV lottery. For example, China and india are not eligible to participate in the DV Lottery.
This response is provided for informational purposes. No attorney-client relationship exists unless we have a signed agreement. For more information, please click on my profile to find my phone number and email address.