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DV Lottery winner - can I adjust status and timeline

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Filed: Timeline

Hi everyone - HELP! I am an aussie who is currently in the states under the visa waiver program on a holiday. I just found out that I have been successful in the first round of the 2013 DV Greencard Lottery and I have spoken with USCIS who say that even though I am on a VWP, I can apply to adjust status and process the DV Lottery from here in the States. Even though they tell me this, It seems contrary to all the information I can find online and even on the USCIS website.

Any ideas if I actually can do this and if you have done it, any idea how long it might take to process. My second question is if I do apply for an AOS can I also apply for a work permit, otherwise I will be here and unable to work while I wait for the processing!

HELP! Thanks!

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Filed: Timeline

Hi everyone - HELP! I am an aussie who is currently in the states under the visa waiver program on a holiday. I just found out that I have been successful in the first round of the 2013 DV Greencard Lottery and I have spoken with USCIS who say that even though I am on a VWP, I can apply to adjust status and process the DV Lottery from here in the States. Even though they tell me this, It seems contrary to all the information I can find online and even on the USCIS website.

Any ideas if I actually can do this and if you have done it, any idea how long it might take to process. My second question is if I do apply for an AOS can I also apply for a work permit, otherwise I will be here and unable to work while I wait for the processing!

HELP! Thanks!

Congrats. I am in a similar situation as you (I am on an F1 visa). Now, I have been through the same situation where the documentation available online is pretty awful regarding eligibility to change status. I actually looked at previous versions of a webpage on internet archive here: Now as you may notice, the requirements are pretty generic and I believe both of us would qualify. Do you have any information (online) that lists out other specific requirements for AoS eligibility?

Regarding processing time. It depends on your case number. Depending on your country of charge ability and case number, you might be called for an interview towards the end of this year or towards the start of next year. I am not super sure about when exactly you can start working when you have filed an AoS: I think they have to accept the filing or something.

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Filed: Citizen (apr) Country: Nigeria
Timeline

You can only process when you number is current. You would be out of status before your number becomes current. You can't AOS if you are out of status. The process is pretty painless on either end. AOSing in the US works best for those on a long term visa like student or work. You can't start working until you have your green card, which is after your interview.

This will not be over quickly. You will not enjoy this.

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Filed: IR-1/CR-1 Visa Country: Kenya
Timeline

Hi everyone - HELP! I am an aussie who is currently in the states under the visa waiver program on a holiday. I just found out that I have been successful in the first round of the 2013 DV Greencard Lottery and I have spoken with USCIS who say that even though I am on a VWP, I can apply to adjust status and process the DV Lottery from here in the States. Even though they tell me this, It seems contrary to all the information I can find online and even on the USCIS website.

Any ideas if I actually can do this and if you have done it, any idea how long it might take to process. My second question is if I do apply for an AOS can I also apply for a work permit, otherwise I will be here and unable to work while I wait for the processing!

HELP! Thanks!

Send an email to the US consulate in your country. Their response is the only information worth believing, since they will ultimately be involved in processing your visa.

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Well, you can't have overstay and you can't come on VWP with intent. So if you happened to be visiting at the time it might be possible but really, it's probably not going to happen. If you called USCIS at their customer service number you spoke to a call center rep, NOT an IO anyway so they are often wrong.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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  • 2 weeks later...

Well, you can't have overstay and you can't come on VWP with intent. So if you happened to be visiting at the time it might be possible but really, it's probably not going to happen. If you called USCIS at their customer service number you spoke to a call center rep, NOT an IO anyway so they are often wrong.

So you guys are in the US like me, there is nothing we can till our numbers become current and then we apply for the AOS. so we don't have to submit these two forms and the pictures like those who are overseas.please confirm

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