Miami, FL asked in Immigration Law for Florida

Q: Can I apply to AOS on regards of winning DV Lottery 2021 and being out of status with an asylum pending case?

Can I apply to AOS on regards of winning DV Lottery 2021 and my number being current starting June 1st 2021 when I entered as a tourist and now my status is Asylum Pending (which is not a status)? I was 3 months and a half without a status before I applied to political asylum. I will apply this week to TPS as I am Venezuelan and I have been here since before the government approved TPS for Venezuelans this year. I arrived on March 2018 with a tourist visa and haven't left the US since then. My passport expired on Nov. 2020 and Venezuela is not issuing passports anymore, thus in states like FL you may get your Drivers License with an expired Venezuelan passport without issues

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1 Lawyer Answer
Linda Liang
Linda Liang
Answered
  • Immigration Law Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: You can because when your asylum is pending your unauthorized stay is not occurred. You should hire an attorney to help you to avoid miscommunication.

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