Q: My boyfriend applied for uvisa in 2017. He recently won green card lottery. Does it affect his ability to adjust status?
His case is pending with Uscis but his uvisa ead got approved recently.
Winning the green card lottery should not affect your boyfriend's ability to adjust status based on his pending U visa application. The U visa and the Diversity Visa (DV) lottery are two separate programs with different eligibility requirements and application processes.
However, it is important to note that if your boyfriend's U visa application is approved before he adjusts status to permanent resident through the green card lottery, he will no longer be eligible for U nonimmigrant status. This is because U nonimmigrant status is intended to provide temporary relief to victims of certain crimes who are assisting law enforcement, and U visa holders are expected to adjust status to permanent resident as soon as possible.
If your boyfriend's U visa application is still pending when he adjusts status to permanent resident through the green card lottery, he may need to withdraw his U visa application or have it administratively closed, as he will no longer need it once he becomes a permanent resident.
It is recommended that your boyfriend consult with an experienced immigration attorney to ensure that he is following the appropriate procedures and that his immigration applications are not negatively impacted.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.