Anyone can enter the green card lottery, including those awaiting an asylum decision or going through deportation proceedings in court. But winning isn’t enough: getting the card is only possible under certain entry and status conditions, and these determine whether you’ll need to leave the country.
Who Can Apply
You can apply for the lottery regardless of whether you’re awaiting asylum or are in immigration court. The real question arises after winning: in practice, many winners find that their number never comes up in the queue, or that filing for the card from inside the country is impossible.
Most often, people in immigration court contact lawyers wanting to know if they can participate. The answer: yes, they can. Then the nuances begin, and much depends on the circumstances a person is in.
The Main Condition: Entry with Inspection
To use the win while inside the country, you needed to have entered with admission, meaning you legally passed inspection upon entry. Those who crossed through Mexico, entered EWI, or came on parole do not have admission.
For such people, this means they can win the card, but to receive it they will have to leave the country, since they cannot file for adjustment of status from within the country.
TPS Status and Section 245(c)
There are other cases too. For example, a person entered on humanitarian parole, which was later granted as TPS status. Such people can potentially qualify for the card, but section 245(c) is crucial here.
Section 245(c) determines who is barred from adjusting status. Reasons can include status violations, criminal violations, or violations of other pathways. Unauthorized employment is counted separately: it’s allowed for no more than 180 days. For people who have been in the country for years, that period is very short.
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