In Part 10 in this series on the green card lottery, we discussed the options available if you are living in the United States, out of status for more than one year, and win the lottery. Here we discuss what happens if you have an existing Adjustment of Status (AOS) pending through an employer.
If you already have an Adjustment of Status (green card) application pending through your employer, you still need to file another Adjustment of Status to obtain a diversity visa green card. Some applicants have employers who have already filed a green card application on their behalf and are still on the waiting list (according to the Visa Bulletin) for an immigrant visa. Some of these employment based (EB) categories have 5 to 10 year waiting lists. This means their AOS file will sit at the USCIS Nebraska Service Center until the Visa Bulletin indicates that an immigrant visa is available through their employer.
If you are a DV winner and you already have a green card application pending through an employer, you will need to file an entirely new AOS application based on the diversity lottery. You should not “withdraw” your pending AOS application through your employer until your DV green card is going to be granted. Many USCIS district offices require that you submit a letter of withdrawal of the employment based green card prior to granting you the DV green card.
Sometimes scheduling a green card (Adjustment of Status) interview at the local USCIS District Office is delayed because the USCIS is trying to get all of your files in one place and are waiting for your other AOS file to arrive from the USCIS Nebraska Service Center.
If you fear this might be the case, take immediate action by scheduling repeated INFOPASS appointments at the local USCIS District Office, contact a US Congress Representative, and/or hire an Immigration Attorney to ensure that a delay does not occur.
Recently issuing DV green cards has been delayed for up to two months while the local USCIS District Office waited for the Kentucky Consular Center to give their final approval.
In our next installment we will discuss what to do if you are filing an Adjustment of Status through the Visa Waiver Program, or after entering the US for less than 60 days.
A complete green card lottery deadlines table for the calendar year 2012, 2013, and 2014 visa lotteries is available at www.myGreencard.com. If you prefer to use a green card lottery service versus entering yourself, please check their soon-to-be-released service ratings for the upcoming 2014 green card lottery (DV-2016).