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I was selected for DV lottery and right now I am in the US with I-94 that will expire in 2016 only. Do I need to file DS 122?

New York, NY |

I will be applying for adjustment of status as soon as Visa Bulletin permits, no earlier than October 1, 2013. But do I need to file DS-122 prior to that? Or, do i just file AOS package?

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Attorney answers 2


You need to informa KCS that you are here in the US on a valid nonimmigrant status and will be applying here. DS-122 is this very notification. Hence, you have to file it.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


On the facts you give, you should be able to file for adjustment of status.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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