DV 2008 winner - questions, studied with no status and strategy moving forward…

[Findingahome]

I just received my wining notification for the DV 2008 lottery with case 2008SA00000XXX - after trying for more than 13 years ;-)
I currently live in Canada and became a Canadian citizen. My parents are now USA citizens and have an approved I-130 on my behalf dated December 2006. Before moving forward with the DV process, I have several questions/concerns:

Background information:
I lived in the USA from 89-90 with a 1 year J-1 visa without a 2 HRR. Finished high school and thereafter I stayed with no status from 1990 until February 1996. During that time, I graduated from university and worked with my own SS# but without work authorization. On Feb 1996, I left the USA, returned home and then moved to Canada. I have visited the USA several times under the Visa Waiver program, B Visa and currently with my Canadian passport.

Questions:

1. 1)Can I pursuit the DV path keeping in mind that I lived in the USA with no status for several years while attending university and given that I also worked with my own SS# but without authorization. Mind you that I left before the concept/penalty for visa overstay became effective (more than 11 years ago).
2. 2)Would I encounter any issues along the process given that fact that the records would show that I have an I-130 approved by my parents?
3. 3)What kind of questions do they ask you during the interview? Would it be possible for them to enquire about my university study and J-1 overstay?
4. 4)Would it be better to go thru consulate processing (I guess Montreal) vs adjustment of Status (in case I decided to enter the USA with my Canadian passport around Sept 2007)? My case should be current around November 2007.
5. 5)Do I need to wait until Oct 1st 2007 to start sending the docs requested?
6. 6)In case my DV process is denied would this have any affect my I-130 petition?

Your point of view/comments/guidance/recommendations will be greatly appreciated.
Thanks,

Globetrotter

 

[LucyMO]

1)Can I pursuit the DV path keeping in mind that I lived in the USA with no status for several years while attending university and given that I also worked with my own SS# but without authorization. Mind you that I left before the concept/penalty for visa overstay became effective (more than 11 years ago).

first of all, since you had D/S in your I-94, you were not subject to a ban. Second, it happened before the ban was enacted. Third, you already spend 10 years outside the US after your out of status presense - and that's the duration of the ban, if you were subject to it.

2)Would I encounter any issues along the process given that fact that the records would show that I have an I-130 approved by my parents?

no, not at all.

3)What kind of questions do they ask you during the interview? Would it be possible for them to enquire about my university study and J-1 overstay?

about money, relatives, profession, education. Read the stories, it's all well described here. It's not a problem about overstay.

4)Would it be better to go thru consulate processing (I guess Montreal) vs adjustment of Status (in case I decided to enter the USA with my Canadian passport around Sept 2007)? My case should be current around November 2007.

consulate processing in your case is definitely better for a variety of reasons

5)Do I need to wait until Oct 1st 2007 to start sending the docs requested?

no, if you are doing consular processing (recommended), then you should fill out and send your forms asap.

6)In case my DV process is denied would this have any affect my I-130 petition?

no, unless it's denied for a reason of general inadmissibility

 

[Findingahome]

and what about my work issue??

LucyMo,
Thanks for all your valuable insight...I still have one issue pending...the fact that I worked using my own SS# but without a work authorization...I understand that I have violated the terms of the J1 visa...Would this make me ineligible for a immigrant visa?

1) So in the application I have to put that I stayed in the USA, attended university and lived in the USA. It is up to them to realize that my stay from ‘90 to Feb ‘96 was without status, however, I am not subject to a ban (based on the D/S in my I-94) and the fact that I left before the ban was enacted. I guess it is up to them (KCC or Consulate???) to interpreter and conclude that I did not violate any overstay issue???….Can they ask me whether I have worked while staying in the USA?

2) I know that the application ask for the SS#. Does the consulate have the right/system in place/authority to check whether that particular SS# was ever used for work purpose or taxes were paid? The fact is that I did use my own SS# to work, I paid taxes but I did not have a work authorization nor was my SS# eligible for work. Would this make me ineligible for an immigrant visa or may I encounter problems during the interview?

Thanks,

first of all, since you had D/S in your I-94, you were not subject to a ban. Second, it happened before the ban was enacted. Third, you already spend 10 years outside the US after your out of status presense - and that's the duration of the ban, if you were subject to it.


no, not at all.

about money, relatives, profession, education. Read the stories, it's all well described here. It's not problem about overstay.

consulate processing in your case is definitely better for a variety of reasons
no, if you are doing consular processing (recommended), then you should fill out and send your forms asap.
no, unless it's denied for a reason of general inadmissibility

 

[LucyMO]

1) So in the application I have to put that I stayed in the USA, attended university and lived in the USA. It is up to them to realize that my stay from ‘90 to Feb ‘96 was without status, however, I am not subject to a ban (based on the D/S in my I-94) and the fact that I left before the ban was enacted. I guess it is up to them (KCC or Consulate???) to interpreter and conclude that I did not violate any overstay issue???….Can they ask me whether I have worked while staying in the USA?

the consular officer can ask you, and you should tell the truth. However, illegal work does not make you inadmissible. However, lying to the consular office - does.

Would this make me ineligible for an immigrant visa or may I encounter problems during the interview?

no.

 

[nacho2008]

Question for lucyMO

Hi Lucy MO.
I see you did an AOS in Atlanta. I received a letter from KCC last week saying I was selected for the 2008 DV (number SAxx6xx) I am here on an F1 that will end next year when I graduate so I am afraid to do PC at home and decided to do AOS in atlanta. I was hoping you could help me.
My first question is: if I will be applying with my wife (who is here with me) do we each fill a 485 + docs and then we send it toghter in the same package?
My second quetion is when is the earliest I can apply to USCIS?
a) when the fiscal year begginns for dv2008 (october 1st 2007)
b) when my visa is expected to be available (around January or february)
and finally:
How long before the filing of the AOS can I get the medical form completed? does it have to be close to the filing date?

Thanks very much!!
this forum really is great!

 

[LucyMO]

I had a marriage based AOS.

My first question is: if I will be applying with my wife (who is here with me) do we each fill a 485 + docs and then we send it toghter in the same package?

Yes. The instructions are in your package. I don't have the instructions for this year, so I really can't tell you what you need to do.

My second quetion is when is the earliest I can apply to USCIS?

For AOS - only when your case number becomes current

How long before the filing of the AOS can I get the medical form completed? does it have to be close to the filing date?

as close as possible.

 

[AmyP]

Urgent DV 2008 Question

I'm in the US on H1B with my two dependents (H-4) and I won a DV2008 lottery. My husband is also in the US but he has already accrued "unlawful presence" for more than 5 years. I'm going to apply for AOS and I have the following questions:

1. Can/should my husband apply for AOS or will it jeopardize his stay in the US?
2. If his AOS gets denied, will he be deported? or can he appeal to the immigration court?

3. Should I just send my applications to KCC only for myself and my two children?

Thanks for your assistance.

 

[LucyMO]

what status was your husband in prior to falling out of status? why didn't he apply for H4?

1. Can/should my husband apply for AOS or will it jeopardize his stay in the US?

it will be denied

2. If his AOS gets denied, will he be deported? or can he appeal to the immigration court?

he will be placed in deportation proceedings or offered a voluntary departure

3. Should I just send my applications to KCC only for myself and my two children?

yes

 

[geani]

Hi,
I currently live in Usa. I've received NL at the end of last month, but like some probably out there I'm out of status for many years. As far as I read here, AOS it is out of question. Can anybody tell me what are the chances for CP? I've heard a lot of situations about people who never came back (they did not passed the interview because of this reason). Is anybody there with a happy ending?
My number is 2008EU00015###, when do you think I will be scheduled for an interview?

Thank you!

 

[Anahit]

Hi,
I currently live in Usa. I've received NL at the end of last month, but like some probably out there I'm out of status for many years. As far as I read here, AOS it is out of question. Can anybody tell me what are the chances for CP? I've heard a lot of situations about people who never came back (they did not passed the interview because of this reason). Is anybody there with a happy ending?
My number is 2008EU00015###, when do you think I will be scheduled for an interview?

Thank you!

If you have been out of status for many years, then consular processing wouldn't help you either.