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2011 dv winner and illegal in usa

M

marbouhi

Registered Users (C)
I won dv lottery for 2011 , but my status is not legal in this country.
Can any body tell me if am i illegible for aos here?
 
What do you mean by not legal ? Have you been lawfully admitted and currently overstaying your visa ? You illegally entered ???
In both case you may be subject to deportation if you apply for Adjustment of status. An immigration lawyer would be more helpful in your case.
Good luck to you, your situation is really tricky !
 
thanks for your replies, but what's the reason to apply for the lottery and win it if we can't proceed for aos in here.
is there anybody having the same experience in the past that can help here please!!!!!!!!!!!!!!!!!!!
 
you would have to fly back to your own country to get the visa. However, if you fly back, and you are questioned at the airport, you probably would be deported. If you are lucky, you will not be deported.

If you are not deported, you can try to get the visa in your home country. You cannot apply for Adjustment of Status since USCIS will not give you the visa since you are out of status in the USA.

Talk to seasoned immigration lawyer about your case.
 
marbouhi said:
I won dv lottery for 2011 , but my status is not legal in this country.
Can any body tell me if am i illegible for aos here?
Click to expand...

it depends how much you overstay in the USA? You are not eligible for AOS, and also if you leaving the states for CP, then you will schedule for an interview, however the penalty for your overstay would be 5 or 10 years, so automatically you will be disgualified. let me know how long you are in the states without status!
 
How did you get into the country?Are u illegal or overstaying?Be opened so that you can advised better cos if you are not careful you going close to immigration might incur you deportation and even possibly a life ban.
 
Your situation is dilemmatic; you need go see an immigration attorney for a proper advice then.Because if you insist on doing AOS,the visa you want to adjust has already lost its status.You cant go close to the airport either to go home and do CP cos you may get 10years ban or forever inadmissible.So you go see an immigration lawyer but becareful so that you are not duped cos many of them are also looking for money.They might persuade you to go ahead even when they know your chances are slim.Goodluck.
 
If you came in with an F visa you have some chance of doing CP (Not AoS, but ask an attorney first)
If any other, its next to impossible, I think.
Don't blame the system, that's how it is set up.....easy for the legals, impossible for others unless the rules change.

Good Luck!
 
NuvF said:
If you came in with an F visa you have some chance of doing CP (Not AoS, but ask an attorney first)
If any other, its next to impossible, I think.
Don't blame the system, that's how it is set up.....easy for the legals, impossible for others unless the rules change.

Good Luck!
Click to expand...

If you are on F visa, and its expires, you are still in legal status in the US as long as you remain a full time student and have never been out of status (that is not the case here)then you qualify for either AOS or CP..or what ever route chosen. Many people with expired F1 visa have adjusted status in the US with no problems.

However, If the poster came on an F visa and overstayed or did not comply with the terms of the visa....I believe after nine years...Their status in the US is no longer legal..Therefore any chances of CP or AOS in this case are slim. I dont think the visa type matters since its been 9years. Even with CP, if you overstay after couple of years on any visa, there would be an automatic ban for either 10yrs or 3yrs if they leave..I pray the government deals with immigration as soon as possible.

I may be wrong...Please contact an immigration lawyer or someone who knows more
 
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what if my spouse has an approuval notice for I 130 filed before April 2001????????????
does it help for my case????????
 
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Highly unlikely, talk to a good lawyer, one who may know all the crevices one could possibly creep through !!
keep us posted, it will help some others too.
 
marbouhi said:
what if my spouse has an approuval notice for I 130 filed before April 2001????????????
does it help for my case????????
Click to expand...

According to the following you 'may' have some hope via your wife's petition.


......Additionally, the alien's name does not necessarily need to be listed as a beneficiary on the visa petition approval notice. Derivative beneficiaries of the approved petition can use the grandfathering petition to adjust under INA 245(i). This process can be extremely complex and fact-specific; it is important to consult with an experienced immigration attorney.


http://www.ocimmigrationattorney.co...f-Status/INA-245(i)-Adjustment-of-Status.html
 
NUVF thanks a lot for for the link it 's very clear and helpful we have already a super lawyer we apreciate the info
god bless you
 
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