Legal Question in Immigration Law in California

Status Adjustment.

Hi there,

I have just received a notification that I've been selected for further processing under the DV-2010 Visa Lottery program.

When I submitted the visa lottery form, I was in my home country but now I'm working under H1-B visa in the US. This notification form has been sent to my home country and has been forwarded to me in the US.

In the letter, there is a special instruction for people who reside in the US. The instruction basically indicates that I need to contact the USCIS and see if I'm eligible to change my status here. The problem is no USCIS contact

information is included and there is very little instructions on how to proceed. However, there is an address for me to mail in my filled out forms along with the payment.

Questions:

1) I would like to know what is the procedure for confirming whether I'm eligible or not by the USCIS.

2) Do you happen to have a phone number for USCIS office in Los Angeles or any other cities in California in which I can call to find out more information?

3) Do you think it's advisable for me to just mail in the filled out forms and payment to USCIS without contacting them?

4) Should I hire an attorney and let the attorney handle this case?

Thank you.


Asked on 6/14/09, 2:52 am

5 Answers from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Re: Status Adjustment.

Dear Inquirer:

You may be eligible to adjust status to green card in the US, without departing, as long as you have maintained your nonimmigrant status since admission. "Legal status" can be a complicated construct, such that you probably will want to speak to an attorney before making any decisions. Keep in mind also that under the DV program, you must adjust your status prior to the end of applicable fiscal year to ensure eligibility.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com for more information.

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Answered on 6/15/09, 5:08 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Status Adjustment.

Congratulations; if you have not violated your status and are otherwise admissible, you qualify. CIS doesn't know the rules entirely believe it or not, but it's true. But a competent attorney in about 30 seconds can know if you're admissible. Also, depending on your number, where you are from and whether it is done properly will affect whether you will get the green card by the lottery. You only get one shot at this and the case must be approved by September 30, otherwise it's too late. If you can get this case approved, you'll save yourself thousands of dollars and years of headache, so best to avail yourself of the opportunity. I do not advise calling CIS or simply mailing the information to the government as the contact representatives are really phone operators and their information is not reliable. Imagine they're dispensing legal advice because that's what you're asking and often, they don't know or one person there will tell you something different from another. Also, I'm located in the LA area.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 6/14/09, 3:03 am
Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Status Adjustment.

1) Starting July 1, 2009 entrants can check their status at:

http://www.dvlottery.state.gov

2) LawGuru automatically blocks attorneys from listing phone numbers in a response (you can only obtain attorney numbers by looking at our LawGuru profiles).

USCIS - National Customer Service Ctr. (NCSC) has a toll free number (area code 800) and then dial 375 and then dial 5283.

USCIS - Los Angeles is area code 213 and then dial 894 and then dial 2780.

Sorry again that I can't provide these phone numbers in their usual short form (AAA-BBB-CCCC).

3) Since you note "The instruction basically indicates that I need to contact the USCIS and see if I'm eligible to change my status here." it is probably better that you contact them.

4) There is no requirement that you hire an attorney, but you can if you want the help or have problems with USCIS.

Good luck and welcome!

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Answered on 6/14/09, 3:25 am
Ellaine Loreto Law Offices of Ellaine Loreto

Re: Status Adjustment.

As long a you have maintained legal temporary (or non-immigrant) status in the U.S.and have committed no crimes, you should be able to apply to adjust your status in he U.S. However, as previous attorneys have indicated, it is not advisable to contact the USCIS, since the representatives who take the calls may not have all the answers to your specific legal immigration questions.

For further assistance with your specific case, kindly email me at [email protected], or refer to our contact information on our website at www.loretomedinalaw.com. We offer a FREE initial consultation and PAYMENT PLANS. We are located in Orange County.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 6/16/09, 3:05 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Status Adjustment.

You really should consult an Immigration Attorney. Please send me an email if in California with your contact information and we can discuss your particular facts. There is no fee for consultation. We have affiliated offices in New Dehli

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Answered on 6/15/09, 2:01 pm


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