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Pending asylum (applied after being out of status) DV lottery winner, how to start DV process without having to leave country.

Virginia Beach, VA |

I have won DV lottery 2015, however I have an asylum case pending for decision (applied after being out of status). So I don't have a status since my case still shows pending. Is there any way to start the procedure for Diversity Visa-- WITHOUT having to leave the country (USA). Can I join school and go to F1 status, then apply for change of status (I-485) ??? Any Advice appreciated.

Attorney Answers 3


  1. Unfortunately, in order to apply for an adjustment of status in the United States based on DV lottery, one must be in a lawful status to begin with. At the same time, if you leave the United States now, you will be subject to a three or ten year bar (depending on how much of unlawful presence you have accrued thus far). Your best bet at this point is to stick with your asylum application. In any case, speak to an immigration attorney for more detailed analysis of your situation.


  2. No, there is no such thing, if fact by leaving the United States, you will set two things in motion:
    1. Abandonment of your pending asylum case and,
    2. Statutorily applicable bars for re entry since it will trigger once you leave the country.
    Your F-1 will not be processed internally as you fell out of status to begin with. Also, you are not eligible for AOS via I-485 as there are no stated grounds in your discourse.

    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


  3. The advice you have gotten is excellent, if you want further help consider consulting with a local attorney asap

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