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My wife filed an asylum case with local immigration office,

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My wife filed an...

My wife filed an asylum case with local immigration office, and we found out that we won the green card lottery (2018). The problome is that we forgot to add our last child to our DV application who was born on oct 4 2015. is their any chance that we can proceed with the green card application?

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

Yes she did

Lawyer's Assistant: Have you talked to a lawyer yet?

We filed the asylum not the DV.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Our layer said we may to take the risk and apply for status adjustment but this will risk around 8k

Submitted: 6 months ago.Category: Immigration Law
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Answered in 1 minute by:
11/30/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,934
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 months ago

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Unfortunately, I have bad news for you. Take a look at the 5th page here:

https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2018-Instructions-Translations/DV-2018%20Instructions%20English.pdf

Failure to list all children who are eligible will result in disqualification of the principal applicant and refusal of all visa applications in the case at the time of the visa interview. See the Frequently Asked Questions for more information about family members.

And here is the foreign affairs manual:

https://fam.state.gov/fam/09FAM/09FAM050206.html

(iii) You must deny the applications of applicants who failed to list on their initial entries a spouse or all children who were required to be listed. This does not include a spouse or child who was acquired subsequent to submission of qualifying DV entry. The spouse of a principal alien, if acquired after the initial entry and prior to the principal alien’s admission, or the child of a principal alien, if the child was born after entry or is the issue of a marriage which took place after entry and prior to the principal alien’s admission to the United States, although not named on an application, is entitled to derivative DV status.

(iv) If post believes a case merits issuance despite apparent failure to comply with this instruction, post can submit the case for an advisory opinion to the Advisory Opinions Division (CA/VO/L/A).

So you can still try to go to the interview and include the child, but unless there are very compelling reasons, you most likely will be denied.

Also, to file an I-485 in the U.S. to Adjust Status, you must be in legal status to do it. If you had any time out of status in the U.S., you cannot file the I-485.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 months ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 months ago

Thank you for your kindness and respect. Good luck to you.

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