Legal Question in Immigration Law in Virginia

DV Lottery 2009:

My wife and I won the DV lottery 2009 while in the USAon F1 status. We applied for I-485 (AOS). At the final interview on August 14th 2009, the USCIS officer told us that a decision will be sent to us in the mail. The DV 2009 lottery processing ended on September 30th 2009 but we still have not received any decision concerning our application. At his point we only have work authorization that was renewed this year valid till early 2011.

My question, are we likely to be considered for approval even after the end of the processing period? what options do we have since we did not or have not received any adverse response from USCIS.


Asked on 2/07/10, 7:28 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, you will not(and cannot) be considered for visa approval or adjustment of status after the processing period has ended for that particular DV lottery (Not everyone who is initially selected in the DV lottery will necessarily receive a visa or be able to adjust status since that number normally exceeds the limited number of visas which are available.)

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Answered on 2/12/10, 7:54 am


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