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My gf won the lottery

M

madazskunk

New Member
My gf says she has papers allowing her to live in the US but not work. Shes been here for like 12 years waiting. Now she has been approved to apply for permanent residence status but her lawyer told her she needs to wait for a new law to pass because she was stopped by the border patrol 10 years ago. All of this doesn't make sense to me. Any opinions?
 
what you are saying is very unclear,please reformulate your situation....you mean she overstayed?in that case,she won the lottery for nothing
 
truffy said:
what you are saying is very unclear,please reformulate your situation....you mean she overstayed?in that case,she won the lottery for nothing
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But he said this happened over ten years ago. If she has not been given a permanent ban, then I don't see the reason why she cannot continue with the process of acquiring the diversity visa.
 
Her mom is a permanent resident and got her brother and sister permanent residency but since she was over 18 she did not get it. She says she is allowed to live here but doesnt have a right to work which makes no sense to me.She also has two daughters born here(10 and 8) She showed me her letter from uscis and I called a while back and it just said case is pending. She calls every week and said she was approved the other day so she went to her lawyer to file the paperwork and her lawyer told her about the border patrol situation and said she can try but if shes denied she loses everything. Also I dont understand why she cant get a temporary work permit.
 
So she is here illegally...It is sad, but I thought all children under 21 would get the visa so I don't understand the situation...something isn't correct in this case...
 
madazskunk said:
Her mom is a permanent resident and got her brother and sister permanent residency but since she was over 18 she did not get it. She says she is allowed to live here but doesnt have a right to work which makes no sense to me.She also has two daughters born here(10 and 8) She showed me her letter from uscis and I called a while back and it just said case is pending. She calls every week and said she was approved the other day so she went to her lawyer to file the paperwork and her lawyer told her about the border patrol situation and said she can try but if shes denied she loses everything. Also I dont understand why she cant get a temporary work permit.
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I think USAholic is right that the lawyer is the one to talk to. This sounds like a much more complicated situation than we normally get on this forum. I also always thought it was like bentlebee said, that the magic age where you miss out on your parents status was 21 not 18, so there maybe something different going on here than normal.

The one thing I can guess at based on what the lawyer told her about risking losing everything if she is denied, is that what ever visa she has now may not be a "dual intent" visa. Some visas are only granted on the condition that the person has no intention of becoming a permanent resident but going through to the next stage of the diversity visa process clearly indicates an intention. If it's then denied then she may lose what ever she has now. This might be the sort of thing the lawyer was talking about, but that's just my guess. I think the lawyer is the best person to talk to about the exact details and maybe even the second opinion of another immigration lawyer to be sure. Good luck.
 
According to our lawyer having kids born in the US can hurt some peoples cases later on. If they entered on a tourist visa or another visa that shows no intent of permanent staying and you get a child over here and than try to change your status it might be more complex according to our lawyer. Immigration might look at it, that you on purpose had the intention to try to get more ground over here and the next time you enter the US, you will try to stay. This is not related to the GC lotery but to other kind of visa's.
What he said gave me food for thought and it made sense, since it doens't happen just now and than that people come here and get a child...it happens so many times that there is kind of a ground for thinking that it is more than just something that occurs.
 
bentlebee said:
According to our lawyer having kids born in the US can hurt some peoples cases later on.
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Your lawyer may be kidding. There are many non immigrant visas which allow their holders to stay legally for years (F, J, H just to name a few), and if the holders and their dependents are married, isn't it natural to expect new kids once a year? What he may be talking about is a "birth tourism," when a pregnant woman comes to US with a short visit just to give birth to a US citizen. It is not illegal, and the only issue here may be the fact that these women misrepresent their intentions of coming to US which would be very hard to prove. And since there are no benefits for the parents until their children reach the age of 21, it cannot hurt anybody's case.
 
masematn said:
Your lawyer may be kidding. There are many non immigrant visas which allow their holders to stay legally for years (F, J, H just to name a few), and if the holders and their dependents are married, isn't it natural to expect new kids once a year? What he may be talking about is a "birth tourism," when a pregnant woman comes to US with a short visit just to give birth to a US citizen. It is not illegal, and the only issue here may be the fact that these women misrepresent their intentions of coming to US which would be very hard to prove. And since there are no benefits for the parents until their children reach the age of 21, it cannot hurt anybody's case.
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That is what he meant but he also stated that some people try meanwhile to change their visa's to get a more perminent status and that might hurt their case....it depends on many factors and many cases are different.
 
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