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When should I file I-485, if I won Diversity Visa Lottery in 2013?

Kill Devil Hills, NC |

I won 2013 Green Card lottery, and found out that I should file as possibly soon as I can. My "asylum case" lawyer says I should do so in 2013, I am not eligible for adjustment of status right now. I don't know what to do. Please, help

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Attorney answers 3


You state that you have a lawyer. That lawyer knows the facts of your case much better then I do from reading your brief post. I suggest you take the advice of your attorney or seek a second opinion from another lawyer. The lawyer from whom you seek a second opinion will need to review the circumstances of your case.



I just wanted to know when should I file for 2013 DV Lottery. The State Department says I should do it as quick as I can, since the number of visas are limited. If so, then I should haste, right? But she (the lawyer) says I should wait till 2013. I just don't want to loose such a big chance for my family, you know what I mean.


Stick with your lawyer. You can not file before October 1, 2012 ... which is the beginning of the US Government's 2013 'fiscal' year.

But, you may not be eligible to file on that date, depending on your number. Sometimes people with high numbers never get a visa.

Plus, having an asylum application pending may complicate your ability to adjust your status.

Trust your lawyer. If you don't trust him/her ... get a different one.
Franco Capriotti
Capriotti International Law

IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.


If you won, your effective date is oct 1. So nothing now. Then you must be sure that your number is available. On that date you need to be eligible for adjustment and your lawyer is telling you you are not. So the answer is probably no. But you need to move quickly on the case so either listen to your attorney or get a new one.

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