Irving, TX asked in Immigration Law for Texas

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.

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1 Lawyer Answer
James L. Arrasmith
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A: 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.

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