It’s Autumn, which means that it’s time again for the Diversity Visa Lottery. The Lottery was created by Congress to increase immigration from countries that have traditionally sent us few immigrants. Every year, 50,000 people “win” the lottery and are then (probably) able to immigrate to the U.S.
Given the current state of affairs in the asylum world (delay, delay, delay), some people with asylum cases pending are wondering whether they can use the Lottery as an alternative to asylum. The answer: It depends.
First, not all countries are eligible for the Lottery. Countries that have sent us large numbers of immigrants in the past are not included in the Lottery. If you are from one of the following countries, you are not eligible for the DV Lottery:
Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.
For China, please note that persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.
Even if you were born in one of the above-listed countries, you might be eligible for the Lottery if your spouse’s country does not appear on the list, if your parents were not born in one of the countries on the list, or if your parents were not lawful residents of a listed country at the time you were born. You can lean more about these somewhat annoying requirements here.
Besides country-of-origin restrictions, the other requirement for eligibility is that applicants must have a high-school degree or the equivalent, or have “two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform.”
If you meet these two requirements, you can apply for the DV Lottery. This is free and actually pretty easy. Video instructions are here and you can apply here. You must apply before November 3, 2015. Winners are selected starting in May 2016.
There are also a number (probably a large number) of websites that will “help” you apply for the Lottery, for a fee. In the best case, this is a waste of money (it is just as easy to apply yourself). In the worst case, it is a complete fraud. You can learn more about these fraudsters and report scams to the U.S. government here.
Unlike most applications, I recommend that people do not use a lawyer for the Lottery and do not use a service. It is best to do it yourself.
However, if you win the Lottery, it is very wise to hire a lawyer to guide you through the green card process. Winning the Lottery does not guarantee that you will get a green card, and whether you can successfully take advantage of winning the Lottery depends on many factors and can be complicated–especially for people with asylum cases pending.
So let’s say you have an asylum case pending, should you try the Lottery? The easy answer here is “yes,” there is no harm in trying the Lottery. If you happen to win, then things get complicated (the odds of winning are hard to come by, but appear to be less than 1%).
If you win the Lottery while your asylum cased is pending, you can potentially obtain your lawful permanent residency (your green card) and close out your asylum case. Your spouse and minor children can also get their green cards as your dependents. The problem is that not all asylum applicants will be eligible to “adjust status” and become residents of the United States, and this is where it gets tricky.
A DV Lottery winner who filed for asylum while she was still “in status,” meaning she was lawfully present in the U.S. at the time of filing, and who is still lawfully present here, can “adjust status.” “Adjusting status” means changing from a non-immigrant status to a lawful permanent resident without leaving the U.S.
Most asylum applicants will not be “in status” for long enough to take advantage of the Lottery. For example, if you came here on a B visa and filed for asylum, the B visa was probably valid for only six months, which means that you will be out of status after the six month period ends. The fact that you filed for asylum does not change the expiration date of your visa (the expiration date of your stay is not written on the visa itself; you can look it up on-line here). Since the Lottery process takes much more than six months, you will be out of status by the time your green card is available, which means you cannot “adjust status.” Instead, you would have to leave the United States and get the green card overseas.
Certain asylum applicants–those with long term visas, like F-1 students or H1B workers, who do not violate the conditions of their visas–might be able to remain in status long enough to adjust status and become lawful permanent residents without leaving the United States.
So if you are an asylum seeker who is out of status, can you leave the U.S. and collect your residency overseas? Maybe.
The key here is something called “unlawful presence.” Once your lawful stay in the U.S. expires, each day here is considered one day of unlawful presence. If you accrue more than 180 days of unlawful presence and then leave the U.S., you are barred from returning here for three years. If you accrue one year or more of unlawful presence and you leave, you cannot return for 10 years. This is known as the 3/10 year bar. A person who has an asylum case pending does not accrue unlawful presence. So for example, if you came on a B visa that was valid for six months, you overstayed your visa, and you filed for asylum four months after the visa expired (10 months after you arrived in the United States), you will have four months of unlawful presence. Once you file for asylum, you stop accruing unlawful presence, so even if your case takes two more years, you will still only have four months of unlawful presence, and you will not be subject to the 3/10 year bar if you leave (though you might be subject to other bars).
Assuming you are not subject to the 3/10 year bar, it may be possible to leave the U.S. and obtain your residency overseas based on the DV Lottery. However, for asylum seekers, this might mean returning to the country of feared persecution, which can be dangerous and might also raise suspicion at the U.S. consulate that your asylum case was not legitimate (if you can return to your country for the Lottery, maybe you never really feared persecution there). For asylum seekers (and others), it may be possible to leave the U.S. and pick up the green card in a third country, which would be the safer option.
If you are an asylum seeker who is subject to the 3/10 year bar and you leave to collect your residency, you will then need special permission to return (this is called a waiver). Such permission will be difficult–if not impossible–to obtain for most asylum seekers, and so people subject to the bar will most likely be unable to obtain their residency based on the DV Lottery.
Finally, asylum seekers who entered the United States without inspection are ineligible to adjust status and thus cannot take advantage of the DV Lottery (there may be a very narrow exception to this rule for people who meet certain conditions, including having been present in the U.S. since December 2000).
The bottom line here is that if you win the Lottery, you need to consult with a competent attorney. For asylum seekers, the ability to adjust status–or possibly leave the U.S. and return with residency–is crucial. It is very difficult to navigate these waters without the advice of someone who knows what he is doing. It makes sense to apply for the Lottery on your own, but if you win, it’s time to hire a lawyer.
Hi , I am Egyptian who lives in Dubai now for 1 & half year , i applied since one week for B1/B2 visa and i was rejected although i have several schengen visas unfortunately i applied on November 2016 for the DV lottery and i think that the reason why i get denied , my question is when should i apply again , i know i must have significant changes to apply again but that wont happen very soon but my economic status is good although the consular didn’t look at it and give me speech of am from 3rd country and i wont come back.
Sorry, I can only assist with asylum questions here, and I do not know much about applying for B visas anyway. Take care, Jason
Hi Jason, This is my case, my wife has a Visa j1 my son and my J2, my wife is in a cultural exchange program, we live in EEUU since 2014, our visa has the two years rule, that means we are supposed to come back to our Country and stay there 2 years before to be able to apply for another kind of Visa, M Q is: Can we apply for the DV Lottery and if we win it, change our status without going back to our country ? Thanks in advance for you attention
I do not know about that, but probably your family would need a J-1 waiver, at a minimum. But you need to talk to a lawyer who does J-1 waivers. You might try my law partner Todd (TPilcher@DzubowLaw.com). Take care, Jason
I how r u ?
Im from yemem
i came to the U.S in feb ,27, 2014 from eygpt cairo by B2 visa . expiration is on Aug 28, 2014
I applied for asylum in February 5 , 2015 and it’s still pending .
I got the Social Security authorization card ID and Driver license .
In 2016 I applied for the TVS & it gonna be expired in March 2017 .
I win the lottrey for 2017 .
I asked my lawyer what can I do she said I got to go back overseas and tried to get the green card from there .
Is there anyway to get the Green card from U.S .
Because I’m scared if I go there that I can’t come back with the travel document .
Based on what you say, I think you cannot get the green card from the lottery unless you leave the US. This is a risk. Maybe you can get Advance Parole (form I-131, available at http://www.uscis.gov) before you leave, so that if the lottery does not work out, you can return and continue your asylum case. Talk to your lawyer about this before you do it. Take care, Jason
Thank u for your answer .
my lawyer told me about the parole but that he will get it for me but i’m scared If it’s not guarantee my return back to the united state .
You should be able to come back to the US. We have never seen anyone have a problem with that, but of course, you never know, and my opinion is that it is better to stay in the US if possible, just to be safe. Take care, Jason
Hi Jason..I have same situation ..I won lottery dv 2017… B2 expire (2015)..now a have asylum pending (2015..2017)..how can I do about that..I don’t have unlawful presence but I don’t have status..
You probably have to leave the US to get your green card. In most cases, this will not work, but talk to a lawyer to see if there is a way. If you leave, I recommend you get Advance Parole (form I-131, available at http://www.uscis.gov) before you go. That way, if the DV process does not work, you can still return here and continue the asylum case. Take care, Jason
Hi muataz..you get the visa dv? ..I have the same situation..2017
Hello Jason,
I have B2 visa but now is almost one and hald month to expire.
I want to fill asylum application. A police officer found me with undercover unintentionally giving alcohol to one customer in my uncle’s restaurant. I do not have work permit and i was not employee of that place but just come to visit my uncle and have dinner with him.But just when she order he was in toilet and i open her alcohol to one lady. Then the officer gives me a court paper to appear there after one month. My Q. is what will it affect in my asylum and any other adjustment of status in future ? if i apply for asylum before the court appearance, will it affect my application ?
Thanks
I do not think a conviction for such a crime would block you from asylum. However, it is better for you to avoid a conviction. You should talk to a criminal lawyer about that. As for asylum, if you plan to file, you should file. If you have a case pending and you are convicted, maybe it would at least prevent your case from being sent to immigration court (though I am not sure about that). Take care, Jason
Dear Brother.
hope you doing great with all family. i am one of your clint.
i am a asylum with Green Card holder, i already applied for spouse vise which is farm I130 one month ago. can i apply Lottery Green card for her too?
thank you very much for understand.
hope to get response from you soon.
best regard
You can apply for the DV lottery. However, whether she can actually get the GC if she wins, I do not know. Since the lottery is free, you might as well try, and if she wins, you can then figure out how to get the GC. Take care, Jason
It’ was five months ago when I got my interview and I did’t get aswner up to now my visa expired 2014 so do I need to apply Dvd lotter?
If win it’s required to go outside and get green card?
You can apply for the lottery, but it sounds like you would need to leave the US and get the green card overseas. Maybe there is a way to avoid it, but I do not know your case, so I cannot say. Also, since it is free, you might as well apply, and if you win, you can figure it out then. Take care, Jason
Hey Jason,
My boyfriend and I came in USA on J1 visa, then we applied for B visa and while we were in process for B visa we applied for asulym. We got work permits, we have SSN. But we are wondering if it would be okay if we apply for DV lottery? I read something that we don’t need do go directly to our country to get GC, if we win it on lottery. Also read that if we are in legible status in USA all time, then if we win GC on lottery we can just change our status here without leaving USA.
I really would like to hear your opinion on this case and if you have some advise for us we would appreciate that!
P.S You might ask why we applied for B visa, we did that because we didn’t want to be illegal here.
Hope you will answer soon!
Best wishes,
MV
I think you should apply for the DV lottery. It is free and you can apply on the US government website. If you win, then you can figure out whether it will work for you. If you are married, you can both apply and if either of you benefits, both will benefit. It is true that you might unable to leave the US and then return with the green card, but maybe you can. I suggest you apply, and then if you win, hire a lawyer and try to figure out how to get the green card. Take care, Jason
Thank you for your answer!
I have one more question.. We will apply separate but do we need to write that we are in a relationship, would that encrease our chance to win? Or what would be the best option to apply, separate, as a couple or we should write that we are engaged? I appreciate your opinion! Thank you so much!
Sometimes, we apply for family members who have separate applications (two brothers, for example). We send the applications in the same mailing envelope with a cover letter explaining that it is the same family. Then, when the time for interview comes, I contact the asylum office and remind them that it is one family, and I ask them to keep the cases with the same Asylum Officer. This makes things more convenient, and has worked for us in the past. Take care, Jason
Hi. My husband and I and our four kids came by B1 and we applied for Asylum becase ourgent country in Civil war we got the receipt for the asylum but I’m thinking of applying for Dv lottery are allowed to apply.
You can apply – you apply on the US government website and it is free. You can find websites that charge you money to apply, but mostly, they are just ripping you off, so I suggest you avoid them. If you win the lottery, you will need to talk to a lawyer to see whether you can actually get the green card. This will probably require you to leave the US, and that may or may not work for you. Anyway, I would not worry about that yet. Just apply, and if you win, you can figure it out. By the way, I think you and your husband can both apply, which will increase the odds of winning. Good luck, Jason
Hi Jason, I have a question regarding to my brother DV lottery case. He won DV lottery in 2016 and he is completely qualify. We process all the paperwork and he had his interview in April this year. They refused to give him visa because he wasn’t sure about the sponsor info. They filnally get him back in today and refused him for a visa by a reason that they don’t have anymore visa available. We waste our money, time and effort to that case so now that they refused his visa like that, it is a great disappointment. I am wondering if we can find lawyer for this case ? Thanks
Sorry – I do asylum and I do not know much about the DV lottery. I highly doubt there is anything you/he can do about it, but maybe look around for a lawyer who knows more about DV. Take care, Jason
when i login in the uscis case states ur account locked what i am do?
You cannot check an asylum case on-line. Take care, Jason
Hi me and my wife , In the United States and we applied for asylum and quickly we go to fingerprinting and then they give us the work permit .we are working in the USA . And our case also it’s in pending status .my question is I want to apply for a green card lottery and maybe win it
My question is if I will wean I am able to get my green card here and from USA?
It depends on many factors – and I cannot tell from your email. I suggest you file for the lottery (using the government website, which is free – you do not have to pay someone for this), and if you win, then find a lawyer to help you. Take care, Jason
Hi Jason! Could you please help me in my situation. Two years ago, I came on the tourist visa and applied for asylum right away being in B1 status. Now I got the good news that I was selected by the DV Lottery program for the further processing that leads to GC. Is it technically possible for me to use this opportunity being in the US? Or should I return to my home country?
Thank you!
This is complicated, and probably you will have to leave the US to get the green card. However, it may not be that simple, and I highly recommend you use a lawyer to guide you through this process. Take care, Jason
Thank you, Sir!
Hello Sir,
I won the DV lottery, and at the time my asylum was pending and I filed it before falling out of status. I file the i-485 based on the DV lottery; unfortunately it got denied because I lost my non-immigrant status. Do I have a chance to reopen my status. We only have 45 days before september 30th 2016. What are my options?
I do not know enough about your case to answer you. My guess is that it will not work, but I recommend you talk to a lawyer about the specifics of your case to see whether it is possible. If it is possible, you do not want to lose the opportunity. Good luck, Jason
It might take 1-4 month For Dv AOS process and at the middle of the process what if i out of status or Expired my I-94 .Is there any problem with AoS process.
In general, if you are out of status, you cannot adjust status based on DV lottery. You would have to first leave the country and then go to the US embassy for a green card interview. Of course, once you leave the country, you may not get back in, depending on your specific situation. I think you should consult with an attorney to see whether you can get your green card based on the DV lottery. Take care, Jason
No i am still in status and i intend to apply an AOS for DV 2017 in October.I don’t know how long it takes.I am qualify both with Education and work experience Procedure.
Even i have low Number with Africa and it might be safe.Can You guess I am gone get my green card?What is your Opinion?
I do not know much about the DV lottery, so I do not know. I do recommend you talk to a lawyer, though, as it can be tricky to adjust status for people who win the DV lottery, and you do not want to lose the opportunity. Take care, Jason
Hi jason i came here with M1 visa and i am an asylum pending.I win dv 2017.My I-94 will expire january 2017.can i apply for adjustment of Status?Is this enough to process AOS.
I think you can, but it depends on many factors, so I cannot say for sure. You should talk to a lawyer to help you – it is too valuable a thing (the green card) to try to do the application on your own, and then potentially lose the benefit. Good luck, Jason
My lawyer told me you are qualify for all factors like work experiance and high school diploma…but my question is dv 2017 is starting from Oct 1-2016 to Sep.30-2017 fiscal years.so Can i submit an AOS now or after Oct 1?Is there any problem if i submit early?
thank you.
To adjust status, you have to be in-status and have no other issues that disqualify you. When you can file for the green card based on DV, I do not know. Take care, Jason
Hi jason here i come again; My Visa was Avilable in November and I applied in september when November cutoff release and i recieved a receipt in Sep.19.after 2 weeks i did finger print and waiting for interview in Texas service center.It’s been 94 days since i file my application.My visa is released in November and i send a service request at the middle of November and they send a letter that “Your case currently in line to process and Adjudication”.I dont understand whats that means?And also my I94 expire at the middle of January is there any problem if it is expire with before i485 approved?Does it affecting my process?How many days or weeks or month does it takes to process it?
Any comment
Sorry, I really do not understand the question. And it sounds complicated. I highly recommend you consult a lawyer who can go over the specifics of your case. Take care, Jason
Hello Jason,
What if I have a pending green card application from my father since 2008 and I have a pending asylum case. I am married and I have a family if you are wondering why my green card is still pending. My asylum case has been pending for more than 2 years and we were interviewed twice. Since then I haven’t heard back about my asylum case, it is in HQ. Would I be able to adjust status since I have a green card pending? My other question is do you have any info about the pending asylum case, we were already interviewed!
I would appreciate your input.
Thank you
P.S. We didn’t win the lottery, I am just wondering to determine if it’s worth it to apply.
I think it is unlikely that you can get the green card without leaving the US, but it depends on many factor. Since it is free to apply for the DV Lottery, why not give it a try, and if you win, talk to a lawyer to see whether you can take advantage of it (and hopefully by then, your case will already be done and you won’t need it). Take care, Jason
Good day.
Me and my husband enter US september 2014 with turist Visa on January 2015 my husband apply for asalym,
and i won DV-2017 we are confused:( Coz we can not leave the country, but what i read we must go back to my country for interview( me and my husband from different Contrieas aslaym case under his name)
Any chance we can continue our GC case here I meant to pass interview here in US?
If your visa has expired, I think you probably cannot get your green card without leaving the US. You should talk to a lawyer about your specific case, but I am not optimistic. However, if you can go to a country that is safe for the interview, that may work, and then you can return to the US with the green card. You need to talk to a lawyer to help you. Take care, Jason
Im very sorry just wanna clarify one thing. When u r saying VISA EXPIRED you mean Visa or 6 month stamp?
Beacouse my and my daugther Visa expired August 15, but my husband Visa for 5 years.
The period of stay in the US expired. For most visas, that period of stay is 6 months. Take care, Jason
Hi sarah.I have same situation ..you get the visa dv?
Hi Jason.
I thin you are wrong about the definition of status change. It is not only for non immigrants it also include other legal status. That means pending asylum applicants are olso eligible for changes of status even if their visa has expired.
Check the eligibility criteria on USCIS website for yourself.
I am pretty sure I am correct, but if you think you can do it and you have success, let us know. Take care, Jason
Hi, I am from eligible countries and I’ve got refugee status in the UK (united kingdom ). I won the lottery for 2017 entrance, can I apply for it and go to the U.S ? Thank you
If you won the lottery, you are likely eligible for a green card in the US. It’s not my area of expertise, so you should consult a lawyer who knows about DV lottery cases. Take care, Jason
Dear Jason,
I’m in New York USA, I came here in B visa, I got six month visa, but I applied for asylum before my visa expire (in 3 months ). Now 10 months is running in USA. My wife won the DV Lottery 2017. She put my name during the submission of DV LOTTERY, I want to hire well experienced lawyer, who deal with DV LOTTERY cases.
Please send me his contact no. & address.
Thank you .
I have no one to recommend for you. You should look around for a lawyer, as it can be tricky to get a green card based on the DV lottery, especially if you have been in the US for some time. Good luck, Jason
Hi Jason ,
My case as similar to Ishwor i came her in F1 visa and I applied for asylum before I leave my school , my wife won the DV lottery 2017 in her country she not here with me so I have many questions and I visited 3 Lawers in spite of this I didn’t find similar answer please help
The first question I cant come back to my country to attend the interview with my wife so can Immgration office set a date for an interview me in United States?
The second Questions: the embassy Can be refused to give her the visa because I applied for asylum?
The third question: is there a law that prevents seeking asylum from the participation of their wives to lottery?
The answer to the second and third questions are “no”. As for how to manage obtaining the visa given that you are here and she is there, that is more complicated. It depends – among other things – on whether you are still in-status (whether you are still a full time student). If so, you may be able to adjust status and get your green card without leaving the US. If not, you would need to leave a re-enter (assuming you are eligible to do that). You need to talk to a lawyer about this, but it seems you have had bad luck with the lawyers you’ve met. Maybe a first step would be to email the US embassy in your country, explain the situation, and ask how they would process her case and whether it can be arranged to process your case in the US or a third country. If they answer you, you will then have a basic idea about the case when you talk to a lawyer again. If that does not work, you are gong to have to find. Lawyer you trust. This may mean looking around for someone who is very well known and respected – maybe contact some immigration non-profits (like Catholic Charities) and ask for recommendations. Good luck, Jason
Thank you so much Jason , For your details and very useful post
Hi Jason and I shwor my story as similar as Shwor , my wife but my name during the submission of DV lottery and I can’t return to my country so can I know I have to submit DS -260 Fom OR NOT ?
I send email to the embassy in my country but not answer to me actually I am in a big confusion what can I do ?
You need to talk to a lawyer. Each of these cases is different, and whether you can get your status based on the Lottery depends on many factors. Good luck, Jason
hlo jason i had win dv lottery in 2011 can i apply now or not…
I think you cannot, but talk to a lawyer who does DV lottery cases to be sure. Take care, Jason
Hi could anyone help me
I came to the US January 2012 with an f1 visa and I didn’t go to school. The visa is supposed to expire ending 2016. But I applied for asylum around February 2012 and ever since it has been pending in court, because court keeps prostponing my hearing. But immigration gave me authorization to work. So, I have been working and paying my school fees and going to school. My question is, I played the lottery this 2016. if I win, am I eligible for adjustment of status?
Most likely, you would need to leave the US and then try to re-enter. This may or may not be possible. If you win, you should hire an attorney to help you through the process. Good luck, Jason
Hello Jason,,,
Thank you for your helpfull answers. I would like to know if I am in unlawful presence here in the US. I came in to the US with a B visa of 6 months validity. I filled for affirmative asylum after 3 months and now my I-94 given at the airport is expired since February 28th 2016. So, am I in unlawful presence or not ?????
My wife has played the lottery and she is my asylum application too, if she wins what will be the process to follow while the asylum application still pending ????
Thank you,,
Eric
A person who files for asylum does not accrue unlawful presence. However, your visa (or, more accurately, your I-94) has expired and so you no longer have any lawful status. Most likely, the only way for you to get your green card based on the DV lottery is to leave the US and return with a green card. You should talk to a lawyer about that before you leave, as it can be problematic. Take care, Jason
whan I check my status dv 2015 in october 2015 the confirmation resulte expired
I don’t know much about the DV lottery itself – if you’ve won the lottery and are trying to get your green card, you would do well to find a lawyer to help you. Take care, Jason
i chek my status dv 2015 the rsulte display omb control number 14050153 in october 2015 thin chek the status in november 2015 the resulte your verification expird how to gate my interview date pls advice me
I do not know about this – you should probably contact a lawyer who helps with DV visas. You might have to pay for advice, but if it works, it will be worth it. Take care, Jason
thank u for information but i ask u about omb control nomber definition and is that the case number
Hi Jason. Thank you for providing valuable information. I have one question pls. If someone has pending asylum case and has won DV lottery, since they applied asylum meaning they fear to go back to their country no matter what, so if they choose to go with consular processing in a third country, they will be needing to provide police certificate from their home countries and its very possible that their country will not provide it for them and will not help them. What to fo in this case for the consular processing in thd third country if they cant obtain police clearance?
Good question – I am not sure. I suppose you can ask the home country for the certificate, and if they say no, you can tell USCIS that it is not obtainable. I think USCIS will not like that though. I would recommend you hire a lawyer to help you and research this (and other) questions. Good luck, Jason
Hi Jason.
did you get my post? I am not sure if it went through.
thank you
Hi Jason!
I have a question for you.
My 6 month stay here expired on October 26th and i have not yet filed my asylum case, can i still do that even if over a month has passed since my legal stay here?
would the 3/10 year ban apply to me if i am late in filing my asylum?
i also applied for the DV Lottery. Would that affect my case in any way?
Thank you
I do not think the DV lottery application will affect your case. The 3/10 year bar only goes into effect if you leave the US after having been here 6 months unlawfully (if you have been here 1 year or more unlawfully, it is a 10 year bar). For asylum, you are required to file within 1 year of your arrival in the US (with some exemptions for people who wait more than a year). So as long as you file within one year of your arrival, you should be fine. Take care, Jason
Dear Jason, thank you for this post.I was granted asylum status while I held an F1 visa. A few month later, I got lucky and won the DV lottery, i went through an adjustment of status and obtained my green card. I traveled back to my home country to renew my passport and when returning from a trip, an agent at the airport indicated to me that I was not allowed to hold a national passport. I worked on my case alone and never consulted a lawyer, therefore I would like to understand how the selection at the DV lottery affect an asylum status? Meaning, when the status is adjusted, are all the obligation pertaining to the asylum still applicable to a DV lottery winner? I am now eligible for citizenship and I and would like to submit an application, is my status compromised? I am married to a citizen for3 years now, how does it affect my status?
That question is too complicated to answer here. The short answer is that you should not have any obligations related to asylum, if your green card was based on the DV Lottery. However, if USCIS thinks that the original asylum application was a fraud (since you returned to the home country) that could be a problem for you. If you apply for asylum and they start to give you trouble about this, you should hire a lawyer to assist you. Take care, Jason
Hi Jason,
Thank you very much for your detailed and very useful post. I am a bit confused about the part where you say that if you came to US on a B2 visa, applied for asylum prior to expiration, overstayed your visa and won the DV lottery – then you are not eligible to adjust your status in the US, I found a section of the law which says that: While adjustment of status is generally unavailable to applicants to have failed to maintain their lawful status since arriving in the US, an exception is made when the failure is through “no fault of (the applicant) or for technical reasons. This exception applies to cases where an applicant “properly filed a timely request to maintain status and the Service has not yet acted on that request.”
“Subject: INA 212(a)(9)(B)(iii)(II): Asylee Exception to Unlawful Presence.
Asylees. – No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.”
Just wondering if you are aware of this law section and maybe I missed something?
Thanks very much in advance
There is no unlawful presence, but the person in the case you describe is still out of status. They would likely be eligible to leave the US and get their green card at the US embassy, but they could not adjust status. At least that is my understanding of the situation. Take care, Jason
Thanks
I m in the same situation, aout of status and DV winner.
I WON THE DV LOTTERY BUT LOST IN OBTAINING A VISA. AM I STILL ELIGIBLE FOR DV LOTTERY 2017 BY FILLING THE ONLINE APPLICATION.
You can apply again for the new Lottery, yes.
Hi jason ,
Me and my wife came to USA viaB1/B2 visa and immediately apply for asylum. We got an acknowledgement of receipt on 6/30/2015. The visa expiration will be on november 2015.
we passed fingerprint but we didn’t get interview. I just want to ask you about the slowest country as you write about it is Iran included ?
And also we want to apply for DV lottery but I have question :
There are 2 questions on DV lottery form , Is it Ok usa mail address ? what about second one ?
1 – mailing address 2 – country where you live today
Everyone faces the same delay in the beginning. After the interview, certain countries are slower than others. In our experience, Iranians usually get their decisions pretty quickly (but not always). I really did not understand your DV Lottery question, sorry.
There are two question on Dv lottery form, mailing address and country where u live today , i mean is it Ok to fill usa address and select usa on the list ?
I am not sure which questions you mean, but if they want your current address and country, that would be here. Good luck, Jason
Hi Jason,
I would like to know why some asylum seekers get scheduled for interview very fast after applying while some other have to wait forever to get scheduled? Does it depend on the country where you are from? or you get called faster when your country has few asylum seekers? or someone else said if for example you have studied and worked in the US and you apply for asylum you might get called faster since you already have a record in the US. is that true? What do you think?
Thank you
Hi Jason,
I would like to know why some asylum seeker get scheduled for interview very fast after applying while some have to wait forever. Does it depend on the country they are from? or someone said you get scheduled faster when you still legal? I want to know.
Thank you
I have heard this from other people, but I have never seen an actual example, and I think it is not true. Things were different before December 2014, but now, cases are scheduled in the order received. In some cases, it is possible to expedite an interview, but otherwise, people’s cases are interviewed based on the date they were filed – first come, first served.
Hi Jazon,
I have a question. Is it true that if you already got a EAD card before based on F1-OPT and you apply for asylum, you will not have to wait 150 to apply for another EAD since you already got one from USCIS even though the EAD you got before was not based on asylum. Please I really want to know.
Thank you.
I have never heard that before. The statute indicates that an asylum applicant is not eligible for an EAD until 180 days after he files for asylum (he can apply for the EAD after 150 days), so I doubt that an OPT EAD would affect that. Maybe there is another way to get an EAD, but it would not be based on the pending asylum case. Take care, Jason
Actually the person who told me that said since you already had a EAD issued from USCIS, you will just have to check on the i 765 that you had one before, and you will not have to wait 150 days before applying. I doubt about it but he is trying to convince me. Please, tell me what you think about it.
Thank you Jason.
The law is quite clear that you have to wait 180 days, so I think he is wrong. If you want to try, you can. I suppose there is no harm, since you do not have to pay the filing fee for the first EAD based on asylum. But I suspect the application will be rejected. If it happens to work, let me know. Thank you, Jason
Hi Jason, I have one question.
I entered the States with a B visa two weeks ago. I intend to apply for asylum. However, I am also thinking about applying for the DV lottery. My question is, would my application for the DV lottery have any kind of effect on the probability of my asylum application’s acceptance? Regardless of whether I do win the DV or not.
Thank you, you’ve been very informative.
The DV Lottery application should have no affect at all on your asylum case (unless you lie on your DV Lottery application), so there should be no problem. Take care, Jason
reach me at amjadazeez@gmail.com
Hello Jason, Thanks for this informative post. I have a question about marrying a U.S citizen while on TPS and asylum pending. I have heard that there’s an exception for this case where a person can adjust their status without having to leave the U.S. Is that correct?
If you entered the US legally, and you marry a US citizen, you can probably adjust status and get your green card without leaving the US. This is not always the case, however, and it would be worthwhile to consult with a lawyer about how to proceed. Take care, Jason
hi Jason
Thanks so much for everything that u have done and keep on doing
its has been a long delay
and i just want to ask you about the slowest country
as you writ about it is Yemen included ?
and did you have any Id on how long will it take to get a decision
i have a friend of min applied this year and got called for interview,
after one month
and then he was told to wait
thanks so much.
We have done a number of cases from Yemen, but either they were in court (where there are almost never delays after the court date) or they are stuck in the backlog and have not yet been interviewed by the asylum office. So I don’t really know about security check delays for Yemenis. However, if I had to guess, I would say that people from Yemen might be among the countries that are slower (because Yemen has been unstable for a while and there are radical/Al Qaida elements there). Hopefully, I am wrong. Good luck, Jason
Hey Jason. I have a pending asylum and TPS status. At the same time I am eligible for J1 reseach visa from the hospital. Can I apply for J1 while asylum is pending and TPS granted? All that to bring my wife in from Syria on J2.
I am not sure. The question is whether the J-1 visa is a “dual intent” visa, meaning that you can apply for the J-1 (a non-immigrant visa) even if you have an intention to remain permanently in the US (asylum). I think it is not, but I do not know. Even if it is, you could still apply and maybe you would have success. However, if it is not a dual intent visa, USCIS might deny your application because you have an intention to immigrate (you filed for asylum, so you plan to remain permanently in the US). In this case, you should probably consult with a lawyer who specializes in J visas. That person should know the answer and can help you apply. Good luck, Jason
hi jason ,
I came to USA viaB1/B2 visa and immediately apply for asylum since July 2014,the visa expiration was on March 2015.
Till now I didn’t get interview.If I apply for lottery visa and supposedly I gonna win and till that time my asylum case still pending ,so should I return back to my homeland to receive the green card and complete the procedure ?or I can adjust my status and receive it inside USA?
Thank you
There are many factors to consider, and I do not know them all, so I cannot answer this question. The best I can tell you is that if you win, you need to hire a lawyer to guide you through the process. Take care, Jason
thanks, Jason
you bring this issue up on time. but I fail to understand it carefully. and if you don’t mind to tell us the options as I applied for asylum after one month exactly of arrival in US and my B2 visa was of 6 months and I did apply for DV lottery 2017, so what the options if I won the lottery and I didn’t get decision up to then as I have been interviewed 4 months ago. thanks.
It sounds like you will have a hard time getting the green card based on the Lottery, as your permission to stay under the B-2 is expired. This means you would have to leave the US and return with the green card. Whether you can actually do this, I do not know. Each situation here is unique, and my best advice is, if you win the DV lottery, hire a lawyer. Good luck, Jason
Hi Jason,
What information/statistics do you have on asylum seekers who were deported to their home countries?
None – unfortunately. This information is hard to come by. I believe Harvard or Georgetown did a study a few years ago involving Central Americans (I can’t remember which country). I have anecdotal information on a few people – there was the well-known story of a 16-year old boy who was deported to Central American and then killed by gangs, for example. If you find a good study about this, please let me know. Take care, Jason
Hi Jason,
I have a question. I finally had my interview in the end of august. During the interview I was told to come pick up the decision in 2 weeks (i had my interview in Anaheim, CA). But in a week or so I received a letter in mail to not come and wait for the decision to come in mail. It’s been a month and a half. and still no word. Are there ways to follow up? (sending a mail inquiry will probably be useless). Does it take a long time for them to make a decision? Is it bad that it’s taking this long? Thank you in advance.
It is very common for our clients to have their pick-up canceled and then they have to wait for a decision by mail. Sometimes it takes a few weeks; some people (a few) have been waiting two years or more. Usually, the reason seems to be security background checks, and the timing of these is unpredictable. We have found that inquiries are pretty useless, but they don’t do any harm – You can send an email or (if your office allows) go in person to follow up. Hopefully, you will not wait too long. Good luck, Jason
Thank you so much!!! really appreciate your response. I applied in 2014 and got my interview a year after, I was surprised as I know a lot of people that have applied in California as well and have been waiting since 2011. But now I’m really worried that even though the interview stage is over, I’d still have to wait for years to know their decision:(
I am sorry to say that it is possible you will wait for years. However, most people don’t wait that long. Our slowest country is probably Afghanistan. Other slow countries are Iraq and Syria. I think Somalia is also slow, though I have not had a client from there in a long time. Maybe if you are not from one of those places, your wait will be shorter. Good luck, Jason
Hi
I got my decision which is a refferal notice to immigtation court after that i got a letter from immigration custom and inforcement for fingerprints and photo and its said for ATD PRE ORDER
What is this letter and for what?
Thank u
I do not know. And it probably doesn’t matter. The case is now with the court and you will have to try again before the Immigration Judge. Good luck, Jason
hopefully any movement is good, as something going on..
would you please let us know.. how long you get the decision since you have been interviewed?
thanks and best lucks..
Dear Jason,
Thank you so much for your posts.
I have question about DV Lottrey.My husband have a pending aslym case in US(Miami office).He filed in Oct 2013 and still waiting intervew.Me and our children,are not in US and we are still waiting to complete his process.I applied for DV lottery -2017.If I win,after than I complet all documents (DS-260 application,medical documents, etc),We have to have an interview in our country to see if we eligible for green card. On this Interview which must all be present. Me like as applicant and our children as dependents, we will have an interview at the US embassy in our country.My question is, can this interview my husband to have in an office for immigration to the United States.
Sorry for my bad english
Thank you a lot
It is possible to do the DV Lottery interview in the US, but it depends on the circumstances of the case. My guess is that your husband would not be eligible to interview in the US, but if you win, he will need a lawyer to guide him – it is worth the money, as he does not want to miss the opportunity. Good luck, Jason
hello Jason thanks for your constant update of information. I submitted for an application for asylum in June 2015 , for how many days do I have to wait before applying for EAD.Await your response
Look at your receipts – it should say “received on June __, 2015.” You can apply 150 days after that date (no sooner – or they may reject it, which will cause delay). Take care, Jason
Hi Jason.
If an asylum applicant submits a DV application and don’t get picked, will this affect his asylum case? will the IO may hold that against the asylum applicant? thanks!
I do not see how it could affect the asylum case. If you are worried about it, maybe consult an attorney beforehand about your specific situation, but I really cannot imagine how a Lottery application could do any harm.
I thought you might be glad to hear that I finally received an approval letter from an asylum office after almost 2 years that my case was pending 🙂 Finally I can relax a little bit and not worry about immigration courts/deportations and ect 🙂
I already started counting days when I can apply for my green card.
Jason I have a question. Will monthly bank statements that I receive by mail serve as a proof that I am living in US for the purpose of green card application?
You generally do not need to prove that you were in the US for purposes of the green card application, so you should be fine. If you need proof you are living here, however, bank statement are not so good – you receive those whether you live here or not. Better proof is evidence of your job or school. Congratulations on the win, and welcome to America, Jason
Thank you so much Jason
Hey Jason,
Thank you for your very educative and heartwarming posts. Now from what you have posted I got 2 questions.
1. If my spouse and dependents are back in my home country of persecution would it be wise that s/he plays the lottery and if they win and come over, I can then surface and benefit from him/her as a green card holder if my case has not been adjudicated and if the worse happens that I am in deportation could it be reversed and I still benefit if my spouse is already here as a green card holder?
2. For someone on a B visa for example who filed before their 6 months were over for the visa to expire and have now stayed in the US for over a year because of a pending asylum case, will they still be subject to the 3/10 years bar should they travel out of the US?
Fro question 1, I do not know, as it will depend on many things. However, if your spouse wins the lottery, it may benefit you. My advice is – give it a try, and if your spouse wins, you can figure it out at that time. As to question 2, as long as you filed for asylum before your lawful stay in the US expired (which is normally 6 months for a B visa), there is no unlawful presence and no 3/10 year bar. This can be tricky, however, and if you are not sure, you should talk to a lawyer. Good luck, Jason
hey jason , i have a question in the same sense , lets say i passed everything and have to go overseas to pick up my gc BUT now my passport is expiring in feb2016 would you think it can affect my case to renew it so in may if i won i can go third country ? how ?
It might cause problems if you renew, but there is no easy answer. I would only worry about this if you’ve won the lottery; then you need to find a lawyer to help you. Take care, Jason
would mind tell me whats those problems ? just to know. thanks alot
This is where you need to consult a lawyer, because there are different problems depending on your situation. One possible problem is that if you renew your passport, the asylum office will say that you have availed yourself of the protection of your country – meaning, your country’s government helped you. This could impact your eligibility for asylum (maybe they will think you do not need asylum since your government “helped” you).