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#9
09-24-2012, 02:02 PM
Senior Member
Joined in May 2006
6,537 posts
Ianus
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?
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