I am a Spanish citizen that got recently selected in the DV
lottery. When reading the instructions at the selectee website, the Department of State clearly states two paths:
- If you are in a foreign country, there are four steps that start by filling the form DSP-122.
- BUT, if you are already in the USA with a visa, you can adjust your status (which in theory is much easier than to get a green card
Now, I am in the second case with a L1A visa, and I have been for almost 5 years already. The steps in my situation are muddier; the Department of State basically says "contact immigration
for adjustment of status" and the USCIS website says "the instructions are in the Department of State website".
I asked my company's lawyer and the answer was, in a nutshell, "uhhhhh ask the USCIS guys".
I went to the SF office of USCIS and the conversation went like this:
USCIS: uhhhhhh... there are four steps in the Dept of State website, did you follow them?
Me: No, I already have a visa so it says that I get to skip those steps and adjust my status with you guys.
USCIS (after pulling a manager, calling by phone who knows where, and
having a four-way council for half an hour): uhhhh, fill out the form DSP-122 and you will be probably contacted later when the Department of State assigns you a green card number.
So in the end, they clearly did not know what I have to do (I had to explain a lot of things to them that I read online in the Dept of State website and elsewhere). One thing that they did was to confirm my eligibility for adjustment of status (yay!).
So, finally, for the questions... I know that for adjusting my status I will have to eventually fill out the form I-485
and associated paperwork, but right now I don't know what the next step is.
Could you point me in the right direction for the adjustment of status?
Should I fill this I-485 out directly?
Should I do the steps in the selectee website (filling out the DSP-122) as if I was out of the country?
Nobody seems to know what the process is, would it be easier for me to just go back to Spain and follow the "standard" procedure?
Thanks a lot!