Advise

[EmmaFrost 0]

im very optimistic that i will be one of the lucky ones to win the green card lottery ....

my question is , if i have a f1 reinstatement case pending(still to be filed) and my number is chosen for the green card lottery can i apply for adjustment of status.?

What are my options, i really do not want to leave the states to apply for reinstatement , yet i feel it would be the easiest for me( long story short the sevis coordinator at the school am at messed up my papers, and i was in an accident and couldn't attend classes)

So i really want to know if i apply for reinstatement while still in America, and i by chance do win , can i still apply to adjust my status in the states.

I'm South Africa, if i do win and go back to South Africa, how long does it take for the process?

Thanks

I was originally going to apply for reinstatement while still in the states...but now i dont know how it will affect if i win the lottery

[Starkilla09 366]

You CANNOT apply for adjustment of status in the United States without a valid non immigrant status unless you're adjusting based on being an immediate relative to a U.S. Citizen. If by any chance you happen to win, you must've been fully reinstated back to F1 before you're eligible to apply here otherwise you'll have to leave to do consular processing abroad. There's a special provision making it slightly difficult for F1 students though to accumulate unlawful presence since they're admitted on a D/S, so not all F1 status violators accumulate unlawful presence. USCIS or an immigration judge will have to have made a formal finding of the status violation before unlawful presence starts clicking in which will result in the 3 to 10 year bar needing a waiver. Bottom line try to fix your status if you want to adjust here internally.