Winning DV while in US

[Zaidba 39]

Hello everybody

I have a friend who won the DV lottery while he is in the US. He entered the US with a visit visa and submitted asylum request.

I came to the US 7 years ago as a DV winner as well but I was in my home country then. I remember submitting my DS260 immediately after I received my winning notification.

My friend got his winning notification few weeks ago, and he has not done anything and he is saying that somebody told him to wait until his number comes up in the Visa bulletin. 

I would very much appreciate your input to this with as much details as possible.

[Boiler 43,996]

Impossible to make any sensible comment other than this is something to discuss with the Lawyer handling his asylum case

[SusieQQQ 11,585]

1 hour ago, Zaidba said:

Hello everybody

I have a friend who won the DV lottery while he is in the US. He entered the US with a visit visa and submitted asylum request.

I came to the US 7 years ago as a DV winner as well but I was in my home country then. I remember submitting my DS260 immediately after I received my winning notification.

My friend got his winning notification few weeks ago, and he has not done anything and he is saying that somebody told him to wait until his number comes up in the Visa bulletin. 

I would very much appreciate your input to this with as much details as possible.

There are two separate issues here.

 

The one issue is whether he is eligible to adjust status, given his asylum case. This depends on the particular details of the asylum case, including whether status was maintained at all times before submitting the asylum application. Some pending asylum applicants have been successful with DV and others have not. 

 

The second issue is if he is eligible, when to submit his adjustment of status application. He can send in his DS260 any time he likes (or not, it is not required for AOS) but he cannot submit AOS any time he likes. The person who told him to wait till his number is current in the visa bulletin is correct. If he submits before his number is current the case will be rejected, either by the lockbox (less problematic as the package is just returned) or at the actual interview (more problematic as by then he will have lost the fees paid and will have to start the process over again from the start, possibly at a point where the fiscal year is running out of time ).

[Zaidba 39]

14 hours ago, SusieQQQ said:

There are two separate issues here.

 

The one issue is whether he is eligible to adjust status, given his asylum case. This depends on the particular details of the asylum case, including whether status was maintained at all times before submitting the asylum application. Some pending asylum applicants have been successful with DV and others have not. 

 

The second issue is if he is eligible, when to submit his adjustment of status application. He can send in his DS260 any time he likes (or not, it is not required for AOS) but he cannot submit AOS any time he likes. The person who told him to wait till his number is current in the visa bulletin is correct. If he submits before his number is current the case will be rejected, either by the lockbox (less problematic as the package is just returned) or at the actual interview (more problematic as by then he will have lost the fees paid and will have to start the process over again from the start, possibly at a point where the fiscal year is running out of time ).

Thank you for your detailed reply. appreciate it.