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4 months overstay and DV 2010 winner

A

aliceUSA

Registered Users (C)
Hello guys,
I just received my NL today in EU, sent on the 20th of may.
CN is 2010EU0001xxxx.
Right now I live in the US, but problem is : I am on overstay for 4 months ( I came in legally with a visa waiver in dec 2008). I don't think I can go for an AOS but do you think I have good chance to get my green card with CP ? I believe I can get this green card as my overstay is less than 180 days. If I pay a fine when I leave would my overstay be forgiven ? For information my family already lives here legally, I am the only black ship !
Thanks a lot for your answers.
 
Yes go back and hope for the best. Since you are illegal to stay, right now you cannot do AOS, definitely. You can leave and come back when ur CN is near to current. Only then you can do AOS. Otherwise just do CP in your country. BTW which country? Good luck.
 
aliceUSA said:
Hello guys,
I just received my NL today in EU, sent on the 20th of may.
CN is 2010EU0001xxxx.
Right now I live in the US, but problem is : I am on overstay for 4 months ( I came in legally with a visa waiver in dec 2008). I don't think I can go for an AOS but do you think I have good chance to get my green card with CP ? I believe I can get this green card as my overstay is less than 180 days. If I pay a fine when I leave would my overstay be forgiven ? For information my family already lives here legally, I am the only black ship !
Thanks a lot for your answers.
Click to expand...

There are many similar questions like this in the forum where people are asking what happen if they overstayed their visa but won the DV.

It is not easy to answer this question because you have broken the law by staying illegally in the U.S. Once you leave the U.S and gave back that piece of I-94w to the airport staff, the U.S Immigration and the U.S Dept of State will have a record that you have overstayed in the U.S.

You will faced a very high risk that your visa will be denied by the U.S Embassy/Consulate. Make sure you have a very good excuse why you overstayed your visa in case the Consular asked you.
 
Last edited by a moderator:
I received my NL in France. I would not leave the US by plane, but by car (no control at the border) and then taking a plane from another country ... In my situation what does it make to have short overstay (less than 180 days) instead of a long one (superior to 180 days) ? Not in terms of bans, but regarding forgiveness or fine ? Tks.
 
aliceUSA said:
I received my NL in France. I would not leave the US by plane, but by car (no control at the border) and then taking a plane from another country ... In my situation what does it make to have short overstay (less than 180 days) instead of a long one (superior to 180 days) ? Not in terms of bans, but regarding forgiveness or fine ? Tks.
Click to expand...

You'll be at the mercy of the U.S Consular or/and the U.S Immigration police. They most likely will not band you from the U.S for staying less than 180 days but you'll have difficulty getting the visa and/or enter the U.S.
 
aliceUSA said:
I received my NL in France. I would not leave the US by plane, but by car (no control at the border) and then taking a plane from another country ... In my situation what does it make to have short overstay (less than 180 days) instead of a long one (superior to 180 days) ? Not in terms of bans, but regarding forgiveness or fine ? Tks.
Click to expand...

Hi Alice,

congrats with your NL! I am in a similar situation although I have been here for 7.5 years on visas and have been able to consult various lawyers on this.
My understanding is that under 180 days you are considered out of status and after 180 days you are unlawfully present.
It is up to the person at the consulate, but in general they are lenient towards being out of status if you show there were valid reasons for your delay. I think a lot will depend on your type of visa and the reason for your stay in the US: professional or visiting.

My recommendation would be to leave ASAP and opt for CP outside the US and your chances will be quite good (depending on your case number) :)

good luck!
 
This forum rocks!! I have an F1 visa but been out of status 5 yrs but was still going on with my studies and graduated May 2009. My I 94 does not have a return date, but has Duration of Stay (DS). My lawyer told me I should do CP and they could still offer me a visa if am invited for an interview since technically DS means that I was not offered a return date per se. I was further advised that as long as I never got any letter to depart the US am ok. Unlawful Presence only occurs by an F1 if they get a deportation letter. For me to just have an inkling of confidence with my lawyer's advise, I just need to hear of just one case where this was succesful. My # is AF20100014xxx. Any advise out there? Any examples.
 
saratoga said:
Unlawful Presence only occurs by an F1 if they get a deportation letter.
Click to expand...
Lawful presence for F1 holder depends upon I-20 (DS-2019 for a J1). I may be wrong about F1, but for a similar J visa it is true: D/S on I-94 has to be supported by DS-2019. Usually it is very easy to renew this form.
 
saratoga said:
This forum rocks!! I have an F1 visa but been out of status 5 yrs but was still going on with my studies and graduated May 2009. My I 94 does not have a return date, but has Duration of Stay (DS). My lawyer told me I should do CP and they could still offer me a visa if am invited for an interview since technically DS means that I was not offered a return date per se. I was further advised that as long as I never got any letter to depart the US am ok. Unlawful Presence only occurs by an F1 if they get a deportation letter. For me to just have an inkling of confidence with my lawyer's advise, I just need to hear of just one case where this was succesful. My # is AF20100014xxx. Any advise out there? Any examples.
Click to expand...

how will you prove your current legal status if you were to be asked? I know of a case which was unsuccessful, they will easily tell that you never maintained your f1 status hence you risk being barred for 10 years.
 
abc38 said:
how will you prove your current legal status if you were to be asked? I know of a case which was unsuccessful, they will easily tell that you never maintained your f1 status hence you risk being barred for 10 years.
Click to expand...

Transcript is the best way to see if he/she maintained his/her status or not. I-20 only tell that person is enrolled in a school but a quick check in transcript will tell if that person went to school as a full time student or not. Plus there's the SEVIS system which records the student status, change in status, school record, etc.
 
Thank you for all your responses. They have been very helpful.

To answer masematn on the 1 94, mine has no set date like the 2019 it just states D/S meaning I could maintain my F1 status indefinitely as long as I didnt break the usual rules (stay in school, blah blah blah) . Off course I did not. When I first got my NL, I was about to toss it and forget about it but on a whim decided to see an attorney and all these possibilities have given me hope and skepticism all at the same time.

On ABC38's point about the 3/10 visa bar, the lawyer says that for F1 students with lawful presence, this rule becomes a mute point (google unlawful presence). I was very very surprised about this. Now off course the trick comes in during the interview when you have to explain to the consular guys why you were out of status. I am afraid showing them that I know all the immigration rules might sound arrogant and tick them off.
Gerindo - thanks for the info. I had not heard about the Sevis system. Which offcourse is another reasons I should really consider the risks.

With the uncertainty of it all, I think I will keep waiting for my husband's application to go through. He applied for a GC a few months ago through a sibling and I hear the processing times have shortened from the traditional 10-12 years. Someone I heard of got it in 2.5 years.
 
saratoga said:
Thank you for all your responses. They have been very helpful.

To answer masematn on the 1 94, mine has no set date like the 2019 it just states D/S meaning I could maintain my F1 status indefinitely as long as I didnt break the usual rules (stay in school, blah blah blah) . Off course I did not. When I first got my NL, I was about to toss it and forget about it but on a whim decided to see an attorney and all these possibilities have given me hope and skepticism all at the same time.

On ABC38's point about the 3/10 visa bar, the lawyer says that for F1 students with lawful presence, this rule becomes a mute point (google unlawful presence). I was very very surprised about this. Now off course the trick comes in during the interview when you have to explain to the consular guys why you were out of status. I am afraid showing them that I know all the immigration rules might sound arrogant and tick them off.
Gerindo - thanks for the info. I had not heard about the Sevis system. Which offcourse is another reasons I should really consider the risks.

With the uncertainty of it all, I think I will keep waiting for my husband's application to go through. He applied for a GC a few months ago through a sibling and I hear the processing times have shortened from the traditional 10-12 years. Someone I heard of got it in 2.5 years.
Click to expand...

With the statement in bold, do you mean you want to forgo the processing of the dv lottery and wait for your husband's GC to go through? What is the guarantee that he will get the GC and in about 2.5 years? Also consider how long he has to wait after getting the GC before he can sponsor you.
 
saratoga said:
This forum rocks!! I have an F1 visa but been out of status 5 yrs but was still going on with my studies and graduated May 2009. My I 94 does not have a return date, but has Duration of Stay (DS). My lawyer told me I should do CP and they could still offer me a visa if am invited for an interview since technically DS means that I was not offered a return date per se. I was further advised that as long as I never got any letter to depart the US am ok. Unlawful Presence only occurs by an F1 if they get a deportation letter. For me to just have an inkling of confidence with my lawyer's advise, I just need to hear of just one case where this was succesful. My # is AF20100014xxx. Any advise out there? Any examples.
Click to expand...

Chk this

http://www.state.gov/documents/organization/87120.pdf
 
My spouse has been selected for the DV 2010 green card lottery. Her
interview is due in the month of July. All our paper work is in
perfect order. unfortunately i have a brief issue in my past. I
visited the US in march of 2000 on a B1 visa then changed it to a F1
visa. The F1 visa (from August 2000) was for 6 years but i did not
enroll in school. I there after departed from the US on my own accord
in October 2001 to join a local university in my country which i
progressed to complete. Its been been 9 years since then. I was never
in an any trouble while in the US neither was i deported or arrested.
SEVIS was not active at the time. I left willingly. The only way the
ins would know i was illegal is if they call the school to check on my
attendance.
Do they call?

Does this mean i as a dependent/ spouse of the principal applicant
don't qualify? Do i also put my spouse chances of getting the green
card in jeopady as she has a perfect record. She is a graduate with a
good job and has never been to the US or even the US embassy to apply
for a visa.

Please advice
 
flexjames said:
The only way the ins would know i was illegal is if they call the school to check on my
attendance.
Please advice
Click to expand...

I am a little bit confused about this. I thought that the SEVIS is activated when you pay for it which is before you go to the embassy to apply for your 1rst f-1 visa.
I am also pretty sure that the international office at the university has to verify that you register for classes and stay in-status. If you don't they have to report it because if something happens and the government notices that you have never put one foot on campus the school will be in serious troubles. I know my international office was a pain in the *** when it came to update them anytime i did or didn't do anything.
 
flexjames said:
My spouse has been selected for the DV 2010 green card lottery. Her
interview is due in the month of July. All our paper work is in
perfect order. unfortunately i have a brief issue in my past. I
visited the US in march of 2000 on a B1 visa then changed it to a F1
visa. The F1 visa (from August 2000) was for 6 years but i did not
enroll in school. I there after departed from the US on my own accord
in October 2001 to join a local university in my country which i
progressed to complete. Its been been 9 years since then. I was never
in an any trouble while in the US neither was i deported or arrested.
SEVIS was not active at the time. I left willingly. The only way the
ins would know i was illegal is if they call the school to check on my
attendance.
Do they call?

Does this mean i as a dependent/ spouse of the principal applicant
don't qualify? Do i also put my spouse chances of getting the green
card in jeopady as she has a perfect record. She is a graduate with a
good job and has never been to the US or even the US embassy to apply
for a visa.

Please advice
Click to expand...

Hi

Did u your sponse get the Green Card. I am in simmilar position where I am dependant for DV lottery and have an issue in my past. Did u jeopardize her GC application?
 
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