Discussion in 'Lottery Visas - DV' started by Sm1smom, May 2, 2017.
thanks a lot the technique you told me worked. once again thanks for your help.
what a great Forum! Thanks for being here for us... BritSimon suggested you might help:
I need help understanding the difference between overstay and unlawful presence. My situation is as follows:
I entered the U.S. properly under J-1 visa May 2005. After my J-1 had expired I overstayed for more than one year. I departed from the U.S. willingly in October 2008.
1. Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? I answered - Yes – overstayed J-1
2. Have you ever been unlawfully present in the U.S, for more than one year or more than one year in the aggregate at any time during the last 10 years?
What should I answer, I am stuck with question 2., can`t continue filling up DS260.
How long were you admitted for when you came in 2005? You should be able to find this information on your passport and/or I-94. The response will help in determining if you accrued an unlawful presence or not.
I was admitted for 5 months, then I applied for AOS to B2 which was approved but jus for one day due to mistake I made in the app. When I got it in the mail it had already been expired. I don't remember when (how can I find out?) but probably somewhere in Jan-Feb 2006. Thaks for your time!
This means you were not only out of status, you also accrued unlawful presence. So your answer to that second question should be "Yes". An unlawful presence of one year or more has a 10 year bar. You'll need to be able to prove you've completed your 10 years bar at the time of your interview.
Thank you for clearing that out so I can proceed filling DS260.
1. Do you maybe know when the 10 year bar starts? If its when you finally leave the USA I will be in trouble because I Left in October 2008 which means that it would not expire by the time of the interview if they look up the month :-( have any suggestions)
2. I found out about the new waiver for DV cases like this, do you know something about that?
Where did you find this out? On any official site? Or chatter on a forum? The DV rules specifically state that getting selected for DV does not overcome any usual ineligibility. See FAQ 35 on page 15: https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2018-Instructions-Translations/DV-2018 Instructions English.pdf
Afaik the ban starts the day you leave the US, but others may correct me on that. (It makes no sense for it start sooner, or you could just wait the whole period out illegally living in the US...)
1. The bar starts after your departure from the US.
2. What new waiver? Provide more information or share a link to what you found.
Second case in quick succession in the forum where past illegalities re: visas are coming back to bite selectees.
That's the general waivers page. Can you be more specific about which part of it you believe to be a new DV waiver?
Ok, lets assume I found it on the unofficial site... lets start all over:
1. 10yrs ban expires 21. Oct 2018, are there any chances? Will they stick to the actual date or the year?
2. Would you try if you were me?
P.S. I am a mother of three young children trying to provide them a better life, have that in mind when you judge.
They will stick to ten years from the day that you departed the US. That's how immigration dating works. If your date is correct above, the bar only expires after DV2018 is already finished. Assuming you don't have a US citizen spouse and you can prove hardship related to such spouse, you have no means to apply for a waiver afaik. Also, waivers are only applied for after you have attended the interview and been refused and given the reason you need a waiver for - you can't arrive at the interview waving one - and waivers take time - which is precisely why the paragraph I directed you to before warns that even for those applicants who can get waivers, the timeframe of DV often means they can't get them in time.
Before you accuse people of judging, bear in mind a lot of people here spend a lot of time and effort ensuring that we all comply legally with the immigration requirements. And many of us also have young children that we also want to provide a better life for, Sorry, but you probably won't find a lot of sympathy for facing the consequences of illegal actions in the past. As they used to say, don't do the crime if you can't do the time.
Ok, thaks for your time
Good morning, I have a couple of question about form I-485, can you please help me solve them?
1) on part 3C question 2: Have you ever received public assistance in the US from any source, including the US Government or any State, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in future?
What is the meaning of public assistance? and what if I select yes because I would like to have access to public assistance in future? do I need to send further paper?
2) on part 3A they required first name of mother and father. Is it assumed I have the same last name? I came from a country where women don't use to get husband last names so I still have my father last name and my mother has a different one. Do I need to type it in or just leave first names?
A last very important question: on the 2NL email USCIS wrote twice to be sure that USCIS have accepted your case in order to be able to apply through AOS and pay the DV fee. How I can have this approval? I have been once to my uscii field office and the lady told me I'm eligible for AOS but I have nothing written to prove it.
A thousand of Thanks for your help
Have a nice day
1. Public assistance = government benefits made available to needy families which may be in the form of cash or vouchers. You should be planning on being self sufficient as a LPR and not plan on being on government welfare now or in the future. Answering "Yes" to that question will make you ineligible for AOS, depending on the specific public assistance you've received. And answering "No" does not disqualify you from receiving such assistance if and when you do qualify for it - which typically is when you either become a USC or have 40 quarters of work to show (which is about 10 years of working).
2. Don't over overthink the questions, answer precisely what is being asked.
3. You're not required to prove AOS eligibility before filing - KCC is simply cautioning you to be certain you're eligible before filing. If you're found ineligible for AOS (USCIS makes the final determination after your AOS package has been received), your petition will be denied, fees are none refundable, and that will be the end of your DV selection.
p.s. There is an AOS thread where you should be posting AOS related questions. Please be sure you post subsequent AOS related questions on it and be sure to go through the AOS process spreadsheet mentioned on the AOS thread also.
Many Many thanks
for my next questions I will be post on the AOS forum.
Have a great day
Hi all, 2018 selectee here - OC0xx... so expecting an October interview. Just want to thank everyone here for keeping me sane and helping me through the minefield that is the DV process. Special thanks to BritSimon, whose website is an absolute trove of information and has helped no end. Thanks again everyone.
My passport will expire on June 15th 2018 and I'll soon renew it. Should I unlock my DS260 to enter my new passport number (I will be interviewed in March I think after the renewal)? (The number changes for each new passport) I will also probably get Italian citizenship soon, how should I deal with this? Anyone can help me please?
Thanks a lot!
Unlock and update the DS260 form after the passport renewal.
Separate names with a comma.