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Results 1 to 5 of 5

Thread: Green card lottery vs. Adjustment of Status

  1. #1
    I think I screwed my green card application.

    On early April 2002, I received a notification that I got selected for further consideration in DV-2003 lottery program. I was an F-1 student at that time. I read the instruction and found that I might be eligible to apply for status adjustment. But I wasn't sure about it. So I called the INS center to verify. The guy on the INS center said I was eligible and he told me I could go to my local INS (in Bloomington, MN, near Mall of America) to process the adjustment. Then I went to my local INS and they gave me I-485 and other forms.

    So, I filled them out, took medical exams, and returned to my local INS on October 2002. But they told me that it wasn't the time for me to file the application. They had a schedule for DV lottery winners when to file their case. They told me to go check the visa bulletin. I did and found my case number went to June 2003 group.

    On June 2003 I went back to the INS an filed my application. And they gave me an instruction to get my finger prints, which I did the following week. Then i got a letter from my local INS saying that my application would be process on February 2004 due to some changes.

    I finished my study on Summer 2003.

    --Note (underline this): All the time I was under impression that if I applied for adjustment of status, I would automatically obtained my visa.--

    Back on the track. Just yesterday I got a letter from my local INS saying that my application was DENIED (that's how they wrote it, with all-caps, it almost gave me a heart attack). I read the enclosure and came to the last part:

    "Under the law, persons registered following the DV-2003 Lottery are entitled to apply for visa issuance only during fiscal year 2003, i.e. from October 1, 2002, through September 30,2003. There is no carry-over of DV benefit into another year for persons who are registered but who do not obtain visas during FY-2003. Though you filed your application on June 5, 2003, the service was unable to complete the processing of your application. The record shows that no visa was allocated to you."

    Here's when I realized I might've done a big mistake. Is it correct that adjusting my status doesn't mean obtaining a visa? And that I needed to obtain my visa first before adjusting my status. If so, what should I do now?

    Any comments or suggestions will be appreciated. Thanks!

  2. #2
    I think I screwed my green card application.

    On early April 2002, I received a notification that I got selected for further consideration in DV-2003 lottery program. I was an F-1 student at that time. I read the instruction and found that I might be eligible to apply for status adjustment. But I wasn't sure about it. So I called the INS center to verify. The guy on the INS center said I was eligible and he told me I could go to my local INS (in Bloomington, MN, near Mall of America) to process the adjustment. Then I went to my local INS and they gave me I-485 and other forms.

    So, I filled them out, took medical exams, and returned to my local INS on October 2002. But they told me that it wasn't the time for me to file the application. They had a schedule for DV lottery winners when to file their case. They told me to go check the visa bulletin. I did and found my case number went to June 2003 group.

    On June 2003 I went back to the INS an filed my application. And they gave me an instruction to get my finger prints, which I did the following week. Then i got a letter from my local INS saying that my application would be process on February 2004 due to some changes.

    I finished my study on Summer 2003.

    --Note (underline this): All the time I was under impression that if I applied for adjustment of status, I would automatically obtained my visa.--

    Back on the track. Just yesterday I got a letter from my local INS saying that my application was DENIED (that's how they wrote it, with all-caps, it almost gave me a heart attack). I read the enclosure and came to the last part:

    "Under the law, persons registered following the DV-2003 Lottery are entitled to apply for visa issuance only during fiscal year 2003, i.e. from October 1, 2002, through September 30,2003. There is no carry-over of DV benefit into another year for persons who are registered but who do not obtain visas during FY-2003. Though you filed your application on June 5, 2003, the service was unable to complete the processing of your application. The record shows that no visa was allocated to you."

    Here's when I realized I might've done a big mistake. Is it correct that adjusting my status doesn't mean obtaining a visa? And that I needed to obtain my visa first before adjusting my status. If so, what should I do now?

    Any comments or suggestions will be appreciated. Thanks!

  3. #3
    55,000 DV visas are allowed each year. The State Department informs 100,000 people that they may have already won. This ensures that there are plenty of people to fill the visas. Once all 55,000 are handed out or the fiscal year ends on September 30th, it is over. No more for that year.

    Since you were told not to apply until June that means that you were on the back end of the list. 40 or 50 thousand visas had already been handed out. They didn't get to you so you didn't get one. But, even if you were person #1 on the list, if on September 30th you did not have a stamp in your passport saying you were now an LPR, then it is void. Game over, man! No soup for you!

  4. #4
    Old man gave you good information already, let me add, that for those actual 55K available visas 'only' 110K are being selected out of 13 + million applicants. Being informed that you may apply for adjustment is not a guarentee that you indeed will be able to adjust. If you look at your number, that gives you a pretty good clue how high your actual chances are (the lower the number, the better). Then you need to follow accordingly to your countries processing priority dates.

    So even though you were initially very lucky to be selected, it did not last. It looks like you did everything right, it just didn't work out for you as it usually doesn't for 55,000 applicants. And people who are going through the consular processing instead of the adjustment of status through BCIS have a higher chance. Sorry, but keep on participating, a very dear German friend of mine just immigrated as a proud LPR a few weeks ago. After she had been participating patiently for 7 yrs. :-)

  5. #5
    Thanks for the replies guys. I was wondering if I did something wrong in the process (not obtainig the visa before applying for status adjustment.) Seems like I wasn't lucky enough. Oh well, I'll try again next time and keep my fingers crossed. Thanks again!

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