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Immigration Issues/Diversity Visa question


I am in the USA since 9 months ago with J1 status. I was accepted for a master’s program so in May I started with USCIS a change of status to F1. This process is still in initial review (I would be starting classes in August 2012). Well, in October 2011 I applied to the DV2013 lottery and I just saw I was selected for further processing. I would like to go do Adjustment of Status process. Does the 30/60/90 day rule apply to my case if my F1 is approved? Should I withdraw my change of status to F1?

The 30/60 day rule may apply to you, but you seem to have due explanations to provide during the interview process and/or RFE on I- 485.  

To my understanding, you should be fine.  However, I recommend that you consult and/or hire an immigration attorney on a retainer basis to provide on-going support as you may need it since you are delving into a murky area of the law.

You may also, contact our offices in this regard.  

Best wishes,

Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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