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Minsk_2_San_Diego

Selected For DV Lottery While in US For Humanitarian Parole

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Filed: AOS (apr) Country: Belarus
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We have applied for my stepdaughter to come to the US under the U4U Humanitarian Parole program - we have been approved as sponsors and are waiting for CBP to make a determination if she is qualified. 

 

Meanwhile, her name was just selected to move forward in the DV lottery (although her case number is so high that we are cautious about counting on that too much).  Full disclosure, we also have a pending I-130 (F2B) petition for her - but she is many years away from having her date become current.

 

My question is this:  If she is approved for humanitarian parole under Uniting For Ukraine and she comes to the US... and then is invited to an interview for DV Lottery, will she need to leave the country to attend the interview in the Consulate listed in her DS-260?  Is it possible for her to Adjust Status in the US when she doesn't HAVE an Immigration status (because she would only be here on parole)?  Does being in the US hurt or benefit her entry in the lottery?

 

If she waits where she is now, outside of the US, she may not be selected for a DV interview and then she will have missed the window of opportunity to come to the US under U4U.    We hope to bring her here asap, but don't want to block any options with the lottery.

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see: https://www.nolo.com/legal-encyclopedia/won-the-diversity-visa-lottery-filing-green-card-the-us.html

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Determining Whether You Are Eligible to Adjust Status (File for Green Card While Living in the U.S.)
If you are selected for the DV lottery, and are in the U.S. in lawful status, you may in all likelihood claim your resident status by filing what's called an Application to Adjust Status (AOS), on Form I-485. (In only a few exceptional cases is someone lawfully in the U.S. prohibited from adjusting status here, for instance people who entered on the Visa Waiver Program or as crewpersons.)

keep in mind that the difference here is that humanitarian parole is not immigration status, so she might need to leave and do the interview.

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You need to be in a valid status to adjust status for DV. I don’t know if humanitarian parole qualifies as that, you may want to check with an immigration lawyer.  
 

Being in the US, as long as she is not illegal/overstay, makes no difference to her eligibility for a lottery visa/green card. But you do need to clear up in advance whether she will qualify to adjust or whether she will need to do consular processing, because they are two separate paths with different requirements to follow.  If she does CP bear in mind she will need to do her medical exam in the country she interviews in as well.

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