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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94403
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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hey I won the dv lottery 2014 and currently in the us in B1

Resolved Question:

hey I won the dv lottery 2014 and currently in the us in B1 visa status with a valid I-94. When I do hear back from the kentucky office to further process my AOS do I still have to file for another I-94
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.


What have you filed in regards XXXXX XXXXX DV lottery? Did you file an I-485?
Customer: replied 10 months ago.

Not yet as I am a dv 2014 selectee and per 2013 visa bulletin I wont become current till probably july 2014 that is why I asked if I still have to extend for an I-94 or just send in my I-485 package and not update my I-94 which expires in 2/3/14

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Unfortunately, you have to stay legal to be able to file the I-485. So yes, you would need to extend your stay by filing an I-539 to cover you until your are eligible and can file the I-485. Once the I-485 is pending, it does not matter that your I-94 expires. The pending I-485 keeps you in legal status.


Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the often unjust laws which I have no control over) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you feel I have earned one, bonuses are always appreciated. To request me in the future, make sure you type: FOR GUILLERMO on the subject line. Thank you!
Customer: replied 10 months ago.

So what if I applied for the I-485 while still in status and I get a denial God forbid but my I-94 is now out of status what happens then? Please

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Then you would have to leave the U.S. at that point. Of course, you can appeal the denial of the I-485 and that would continue to keep you in legal status and you can continue with a work permit (renewing them) while the appeal is pending. It is very rare to have an I-485 denied through the DV lottery if you do not have any crimes, serious communicable diseases or anything like that and you meet the requirements of the lottery. Please let me know if you have additional questions and please do not forget to rate my service to you as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94403
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you

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