DV Lottery 2021

[Jane00 0]

Hi I need help, please give me advise or any information.

I been selected for DV Lottery 2021. the problem is right now I already in USA and my status is Pending Asylum.

and I had unlawful/ overstay my visa less than 180 days ( during since my last I-94  date can stay in US until my asylum case received from USCIS is around 4 month)

my question is :

1) what should I do to apply this DV Lottery 2021? 

2) Can I apply Adjust status from US without I going back to my original country?

3) If I need to go back to apply my DV Lottery in my home country, is there any change that i will get denied and I can't return back to USA?

4) if I apply travel document to go back my home country to do interview only, can I still come back to USA?

 

because this situation make me feel confuse, please help me what is best way for my situations... 

 

 

Thanks.

 

Edited August 21, 2020 by ZoeZoe

[SusieQQQ 11,586]

This is tricky. Pending asylum is not actually a status so technically you cannot adjust status, as you do not have a valid status to adjust from. Now, some field offices have still approved the cases, but there have also been a number of denials for this reason. So my thoughts to you would be to go ahead with the DV case as there is a chance you might get through, but do not do anything to jeopardize your asylum case, so that if you are denied DV you still have that to fall back on. 

Edited August 21, 2020 by SusieQQQ

[Jane00 0]

Hi SusieQQQ, Thank you for your advice. I already asked few lawyer, and they told me the biggest chance  I can get my DV if I going back to my home country to apply. 

But like you said if Do not do anything to jeopardize my asylum case, because if I going back to my original country that's mean my asylum case will withdraw, and I scared if I don't get my DV too.

This's is really hard decision to make, like gambling because if I can't come back here, I will separate with  all my family in here.  

Edited August 21, 2020 by ZoeZoe

[SusieQQQ 11,586]

45 minutes ago, ZoeZoe said:

Hi SusieQQQ, Thank you for your advice. I already asked few lawyer, and they told me the biggest chance  I can get my DV if I going back to my home country to apply. 

But like you said if Do not do anything to jeopardize my asylum case, because if I going back to my original country that's mean my asylum case will withdraw, and I scared if I don't get my DV too.

This's is really hard decision to make, like gambling because if I can't come back here, I will separate with  all my family in here.  

If I were you, especially with family here, I would not risk going back. If it is more important for you to get DV (I don’t know the details of your asylum case obviously or how successful it might be) then maybe it’s worth the risk to you to go back to your home country. But it is your case, hard decisions. Always plan for the worst case outcome : if DV is denied, will you be better being in your home country or here? 

 

[Jane00 0]

thank you Susie QQQ