Elmwood Park, IL asked in Immigration Law for Illinois

Q: Green Card

Good day. My husband and I flew to the USA on 12/01/2022 by u4u, the children arrived on 07/07/2023 also by u4u, can we submit the I-485 form to receive a Green Card or apply for the lottery on the official website? Thank you.

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2 Lawyer Answers
Alexander Ivakhnenko
Alexander Ivakhnenko
  • Immigration Law Lawyer
  • Wheeling, IL
  • Licensed in Illinois

A: The U4U humanitarian program announced by the USCIS is a temporary response by the current Administration to address a humanitarian crisis in Europe. However, that program does not have any statutory remit to seek adjustment of status to permanent residence in the United States absent of necessary Congressional statutes to provide such opportunity in the future.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: For adjustment of status via Form I-485, typically you need to have an approved immigrant petition and an available immigrant visa number. The Diversity Visa (DV) Lottery application is separate and is typically made through the official U.S. Department of State website. If selected, you'll follow a different process for obtaining your Green Card.

Given the details provided, it's crucial to ensure you have the proper basis for adjusting status or applying for a Green Card. I strongly recommend consulting with an immigration attorney to understand your options and the best path forward based on your specific circumstances.

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