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DV Lottery while appealing for Asylum Case

DV Lottery while appealing for Asylum Case

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Old Nov 2nd 2005, 7:24 pm
  #1  
Deadbrain
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Default DV Lottery while appealing for Asylum Case

hi all,

I'm currently have an asylum case appeal on Board of Appeal...
and I'd like to submit a DV-2007 application, but some people told me, that
would be useless since I'm not going to be eligible for the VISA if I get
the Lottery. Is that true ?
 
Old Nov 3rd 2005, 3:40 am
  #2  
Vip
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Default Re: DV Lottery while appealing for Asylum Case

deadbrain wrote:
    > hi all,
    > I'm currently have an asylum case appeal on Board of Appeal...
    > and I'd like to submit a DV-2007 application, but some people told me, that
    > would be useless since I'm not going to be eligible for the VISA if I get
    > the Lottery. Is that true ?

Don't listen to them. If you win the lotetry, get a lawyer.
 
Old Nov 3rd 2005, 4:39 pm
  #3  
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Default Re: DV Lottery while appealing for Asylum Case

Originally Posted by Deadbrain
hi all,

I'm currently have an asylum case appeal on Board of Appeal...
and I'd like to submit a DV-2007 application, but some people told me, that
would be useless since I'm not going to be eligible for the VISA if I get
the Lottery. Is that true ?
You can indeed apply for the DV-2007 while waiting for your asylum case to complete. I have a friend who did just that. Amazingly, he won the DV lottery right as his asylum case was getting adjudicated. He chose to stick with the asylum method and didn't pursue the DV.

Rene
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Old Nov 3rd 2005, 6:52 pm
  #4  
Deadbrain
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Default Re: DV Lottery while appealing for Asylum Case

Noorah101 wrote:

    >
    >> hi all,
    >> I'm currently have an asylum case appeal on Board of Appeal...
    >> and I'd like to submit a DV-2007 application, but some people told me,
    >> that
    >> would be useless since I'm not going to be eligible for the VISA if I
    >> get
    >> the Lottery. Is that true ?
    >
    > You can indeed apply for the DV-2007 while waiting for your asylum case
    > to complete. I have a friend who did just that. Amazingly, he won the
    > DV lottery right as his asylum case was getting adjudicated. He chose
    > to stick with the asylum method and didn't pursue the DV.
    >
    > Rene
    >

Thanks for all the reply, ... I just submitted my DV application...
 
Old Nov 5th 2005, 1:47 am
  #5  
Vip
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Default Re: DV Lottery while appealing for Asylum Case

Noorah101 wrote:
[..]
    > You can indeed apply for the DV-2007 while waiting for your asylum case
    > to complete. I have a friend who did just that. Amazingly, he won the
    > DV lottery right as his asylum case was getting adjudicated. He chose
    > to stick with the asylum method and didn't pursue the DV.

The advantage of asylum over DV would be that with asylum, once
granted, one can bring the spouse (and parents too, I think)
immediately, right?
 
Old Nov 5th 2005, 2:31 am
  #6  
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Default Re: DV Lottery while appealing for Asylum Case

Originally Posted by Vip
Noorah101 wrote:
[..]
    > You can indeed apply for the DV-2007 while waiting for your asylum case
    > to complete. I have a friend who did just that. Amazingly, he won the
    > DV lottery right as his asylum case was getting adjudicated. He chose
    > to stick with the asylum method and didn't pursue the DV.

The advantage of asylum over DV would be that with asylum, once
granted, one can bring the spouse (and parents too, I think)
immediately, right?
I really don't know if there is a difference between a green awarded by asylum, or a green card awarded by DV. My friend's parents were already in the USA, and he was single. So none of that applied to him.

Rene
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Old Nov 5th 2005, 9:31 am
  #7  
Vip
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Default Re: DV Lottery while appealing for Asylum Case

Noorah101 wrote:
    > > Noorah101 wrote:
    > > [..]
    > > > You can indeed apply for the DV-2007 while waiting for your asylum
    > > > case
    > > > to complete. I have a friend who did just that. Amazingly, he won
    > > > the
    > > > DV lottery right as his asylum case was getting adjudicated. He
    > > > chose
    > > > to stick with the asylum method and didn't pursue the DV.
    > >
    > > The advantage of asylum over DV would be that with asylum, once
    > > granted, one can bring the spouse (and parents too, I think)
    > > immediately, right?
    > I really don't know if there is a difference between a green awarded by
    > asylum, or a green card awarded by DV. My friend's parents were already
    > in the USA, and he was single. So none of that applied to him.

Well..he probably sticked to asylum because there was a risk that he
would't be able to adjust status. I hope he consulted a good
immigration lawyer. DV would seem a surer and faster way but of
course, I have heard, from this forum, about people not making it in
time due to processing delay at Kentuncky office or somehere along the
line when filing AOS after winning.

If I were him, I would have gone ahead and applied for AOS via DV while
proceeding with asylum case. I mean, logically, the person applied for
asylum to eb able to reside here and doing so via DV while [proceeding
with asylum doesn't seem illogical to me.

    >
    > Rene
    >
    > --
    > Posted via http://britishexpats.com
 
Old Nov 5th 2005, 11:26 am
  #8  
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Default Re: DV Lottery while appealing for Asylum Case

Originally Posted by Vip
Well..he probably sticked to asylum because there was a risk that he
would't be able to adjust status. I hope he consulted a good
immigration lawyer. DV would seem a surer and faster way but of
course, I have heard, from this forum, about people not making it in
time due to processing delay at Kentuncky office or somehere along the
line when filing AOS after winning.

If I were him, I would have gone ahead and applied for AOS via DV while
proceeding with asylum case. I mean, logically, the person applied for
asylum to eb able to reside here and doing so via DV while [proceeding
with asylum doesn't seem illogical to me.
Yes, he did have an immigration lawyer on his case. I don't know all the specifics, but I know he already knew his asylum interview date when he got approved for the DV lottery. So instead of doing more paperwork all over again, he went ahead with the asylum interview.

Rene
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Old Nov 5th 2005, 1:32 pm
  #9  
Vip
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Default Re: DV Lottery while appealing for Asylum Case

Noorah101 wrote:
    > > Noorah101 wrote:
    > > > > Noorah101 wrote:
    > > > > [..]
    > > > > > You can indeed apply for the DV-2007 while waiting for your
    > > > > > asylum
    > > > > > case
    > > > > > to complete. I have a friend who did just that. Amazingly, he
    > > > > > won
    > > > > > the
    > > > > > DV lottery right as his asylum case was getting adjudicated. He
    > > > > > chose
    > > > > > to stick with the asylum method and didn't pursue the DV.
    > > > >
    > > > > The advantage of asylum over DV would be that with asylum, once
    > > > > granted, one can bring the spouse (and parents too, I think)
    > > > > immediately, right?
    > > > I really don't know if there is a difference between a green awarded
    > > > by
    > > > asylum, or a green card awarded by DV. My friend's parents were
    > > > already
    > > > in the USA, and he was single. So none of that applied to him.
    > >
    > > Well..he probably sticked to asylum because there was a risk that he
    > > would't be able to adjust status. I hope he consulted a good
    > > immigration lawyer. DV would seem a surer and faster way but of
    > > course, I have heard, from this forum, about people not making it in
    > > time due to processing delay at Kentuncky office or somehere along the
    > > line when filing AOS after winning.
    > >
    > > If I were him, I would have gone ahead and applied for AOS via DV
    > > while
    > > proceeding with asylum case. I mean, logically, the person applied for
    > > asylum to eb able to reside here and doing so via DV while [proceeding
    > > with asylum doesn't seem illogical to me.
    > >
    > > >
    > > > Rene
    > > >
    > > > --
    > > > Posted via http://britishexpats.com
    > Yes, he did have an immigration lawyer on his case. I don't know all
    > the specifics, but I know he already knew his asylum interview date when
    > he got approved for the DV lottery. So instead of doing more paperwork
    > all over again, he went ahead with the asylum interview.

That didn't mean he didn't take the DV route. Your initial words that
he proceeded with the asylum sounded like he let go of the DV while I
am sure he didn't. I am sure that with his lawyer;'s suggestion, he
went ahead and applied for GC via DV.

Even if the asylum was granted at that interview, he would need to
wait at least a year to be eligible to apply for the asylum. (And then
there's no telling when he would actually get the GC. ) So he could
used the DV to get GC.

If he was denied asylum, he would be given a nother chance present his
case again within so many days. Assume that he was deined again, he
would get deportation letter unless he falls back on a non-immigrnt
visa he was on, if he was on one. If he didn't have any status to fall
back on, and was in deportation proceedings, he could apply for
suspension of deportation. He could continue to fight. Doing that
would help with AOS (getting GC) via DV.
 
Old Nov 5th 2005, 1:35 pm
  #10  
Vip
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Default Re: DV Lottery while appealing for Asylum Case

Noorah101 wrote:
[..]

    > Yes, he did have an immigration lawyer on his case. I don't know all
    > the specifics, but I know he already knew his asylum interview date when
    > he got approved for the DV lottery.

    > So instead of doing more paperwork
    > all over again, he went ahead with the asylum interview.

This so called *more* paper work is actual application of AOS the
privilge he would get only if he gets the asylum granted. The only
difference in AOS process of asym versus other routes would be that
with the asylm he didn't need any sponsor for financial affidavit.
 

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