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

Kill Devil Hills, NC |

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?

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Attorney answers 4


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 before taking any action.


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

Please click the link below for additional information.

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: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His 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.


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


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.



I filed asylum last year on November, which was after 2 months my J1 Visa had expired. So, I don't have any kind of status at the moment, all what I have is my Asylum case being processed as removal proceedings in Immigration Court and my next hearing is on February 2013. So, do you think I am eligible for a Green Card or Status change? Thank you for your help in advance