Can I have an interview on a green card in the United States?

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I and my husband came to the United States on a tourist visa on August 19, 2016 (the visa was issued for 6 months). In April, my husband filed a case for political asylum. In May, I found out that I won a DV-lottery. Can I have an interview on a green card in the United States?

Attorney Answers

5
Ekaette Eddings ·
Not likely unless you will maintain legal status. Goodluck
0 upvotes
Kyndra Mulder ·
No. Because you are out--of--status you must leave the USA to your country and apply through the US Consulate. You may be subject to a waiver as a result of your overstay. I suggest you consult with an experienced immigration attorney.
0 upvotes
Demian Serianni ·
Congratulations on winning the DV Lottery! Unfortunately, you must be in lawful status in order to adjust status from within the U.S., with a few exceptions. Chances are you that will have to process the IV through the U.S. Embassy in your home country. However, if you have accumulated more than 6 months of unlawful presence in the U.S. and depart, then you may be subject to either a 3 or 10 year bar from re-entering, unless you have a waiver. The best way to proceed is to consult with an immigration lawyer and discuss these issues. Good Luck!
0 upvotes

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