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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109302
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

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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
Hello and thank you for using our service. My name is***** 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 ***** ***** DV lottery? Did you file an I-485?
Customer: replied 3 years 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

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 3 years 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

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. and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Hey. So I got my I-485 approved which I filed for while my extension of stay was still pending. 8 days after I received my green card in the mail, I received letter from uscis telling me my extension of stay application has been denied due to me filing an adjustment of status and are staying in this country to await a result therefore I should leave the country.
My question is since I was approved and am already a permanent resident before there decision to my extension of stay I- 94 was communicated to me, should I contact uscis to find out what this letter would imply and why they sent it or should I assume they were closing up my case in regards ***** ***** request for an extension of stay? Please advice what I should do next as I don't want this to hunt me later on.
Your approval for Lawful Permanent Residency terminates the extension of status. Residency is the most important. So you are ok. Congratulations.
Customer: replied 2 years ago.
So does that mean I shouldn't make an info pass to my local uscis office to find out why I received this letter? And I won't have this hurt me later on?
Nothing is wrong. It will not hurt you later. Good luck.
Customer: replied 2 years ago.
Am so sorry but I feel my question isn't being answered. Do I have to go to uscis to inquire about this letter I received? What would be your best legal counsel?
Sir, I have to pay attention to other questions. It has been a year since you have been here. I don't mind answering a question or two, but I have to attend to other customers. I did answer your question. Please review. I said not to worry about it. If you do not believe me, that's fine. Make the infopass appointment.
Customer: replied 2 years ago.
It's not that I don't believe you. Just wanted clarity. Thank you for your time.
No problem. Congratulations and good luck!