DV Lotterry, DACA
 

Hello, this is my first post here and I happen to be in an unique situation..

I have overstayed my visa like most of us here and I am about to send my DACA application down to USCIS. The thing is that I happen to be in a unique situation...I won the green card lottery of this year and I hoped I would get the green card, but apparently it is not possible if you're here unlawfully. Now, I was thinking..If I was to be DACA approved, would it be possible for me to apply for a green card considering that I won it in the Diversity Visa lottery?

Re: DV Lotterry, DACA
 

I'm pretty sure that winning DV lottery has nothing to do with applying for DACA as long as you qualify under DACA requirement.

Which means yes, you can apply for DACA.

Re: DV Lotterry, DACA
 

No. I highly doubt it. Main thing being under DACA, I believe our status is still "undocumented" I really don't think we'd be eligible for DV lottery. Sorry. But somebody else can enlighten us as I'm not 100% on this.

Re: DV Lotterry, DACA
 

No, he's trying to ask if he would be eligible for DV Lottery if his case was deferred under DACA.

Re: DV Lotterry, DACA
 

Firstly, welcome.to DAP.

I would consult with a lawyer. We cannot give legal advice here when it comes to what a person can or cannot apply.

Re: DV Lotterry, DACA
 

We are eligible for DV Lottery,as far as I know, if you are under 245i. Also your country of citizenship has to be one of the eligible countries. Not sure if DACA approval would help someone who is not under 245i.

Re: DV Lotterry, DACA
 

Yeah, you're right. If he's asking if he can apply for greencard, he can't.

Re: DV Lotterry, DACA
 

In order for GC lottery to work, you have to be legal to begin with. SMH So if you under DACA, you still wont get the GC. Sorry. Also depends on what country you are from as well. I would still ask a lawyer to confirm ofcourse.

Re: DV Lotterry, DACA
 

The main factor for any undocumented individual to adjust in the US as Swim19 mentioned is they would have to be under 245i to adjust inside the US if they won the Visa Lottery.There was an individual earlier who mentioned they were going through the process because they knew they were under 245i and it looked likely they were going to adjust status.

The issue of if you have won and hope to gain Residency at a later date if you gained Deferred action under DACA will simply not yield any results I think because of the following:

-There is a time-limit for which you can apply and successfully attain US residency through the Visa lottery.

-You must be under 245i in order to Adjust status to Permanent Residence.

-Deferred Action is not an immigration or non-immigrant status that would allow an individual to change status to adjust through the Visa lottery.
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The following is only hypothetical on my part and I am not an immigration attorney,but I hypothesize if an individual under DACA with Advanced Parole can gain a DV lottery benefit via Consular processing?It is a grey area that no one individual can truly answer for the moment.

The direct question here is since Matter of Arrabally and Yerrabelly basically dictates that Advanced Parole doesn't trigger the bars would that not also pertain to US embassies as well allowing the individual to gain potentially any benefit abroad?

Re: DV Lotterry, DACA
 

That's not completely accurate. I know people that got their GC through the DV lottery and they had been visa overstayers for almost 5 years. Each case is different, and knowing how fickle some agents can be, you never really be sure you'll get an approval.