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are Illegals eligible for Green cards ?

H

hassan731

Registered Users (C)
Hi,

i was asking myself the other day, can an Illegal resident get a green card ??
especially if he wins the DV thing!!!
i know that one has to get married to stay, and live for at least 5 years to get a GC! (as an illegal).

so, my question is this, if an illegal resident wins the Lottery, can he still get it ??


Can he still get it ??

Thanks a lot in advance!
 
hassan731 said:
Hi,

i was asking myself the other day, can an Illegal resident get a green card ??
especially if he wins the DV thing!!!
i know that one has to get married to stay, and live for at least 5 years to get a GC! (as an illegal).

so, my question is this, if an illegal resident wins the Lottery, can he still get it ??


Can he still get it ??

Thanks a lot in advance!
Click to expand...

No, I dont think so, you have to be in legal status to apply for the green card with one exception being getting married to the USC (then you can get a green card even if you are illegal (came in legally but fell out of status) here).

And I dont think you have to wait for 5 years after you get married to get a green card.

When you came to the US legally then fell out of status and later got married to a USC, you can file for the GC immediately you dont have to wait fow 5 years. It does not matter for how many years you lived here illegally before you got married to a USC, 10, 15, 30 you can still apply for the GC.
 
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hassan731 said:
What ??
i know people who spend more than 5 years in the States (illegally) can get a Green Card!!!
Click to expand...
I am talking about DV lottery!
Overstay is forgiven only to immediate relatives (parents, spouse, unmarried children under 21) of a US citizen.
 
Last edited by a moderator:
hassan731 said:
Hi,

i was asking myself the other day, can an Illegal resident get a green card ??
especially if he wins the DV thing!!!
i know that one has to get married to stay, and live for at least 5 years to get a GC! (as an illegal).

so, my question is this, if an illegal resident wins the Lottery, can he still get it ??


Can he still get it ??

Thanks a lot in advance!
Click to expand...
Hello, No..Illegals r not entitled to DV privileges if they win....
 
hassan731 said:
Hi,

i was asking myself the other day, can an Illegal resident get a green card ??
especially if he wins the DV thing!!!
i know that one has to get married to stay, and live for at least 5 years to get a GC! (as an illegal).

so, my question is this, if an illegal resident wins the Lottery, can he still get it ??


Can he still get it ??

Thanks a lot in advance!
Click to expand...
It depends on "illegal" you mean.
If illegal means one entered the US w/o inspection, they are not eligible for AOS, thus they have to go out and apply for CP, which leaves matter on officer's hand, but chance is narrow.
 
GotPR? said:
It depends on "illegal" you mean.
If illegal means one entered the US w/o inspection, they are not eligible for AOS, thus they have to go out and apply for CP, which leaves matter on officer's hand, but chance is narrow.
Click to expand...
Even if you entered with inspection, but overstayed your visa...
And, I don't think CP will be any different.
 
There is a question in DS-230 - if one overstayed for more than 180 days. So I think this is a limit.
 
Daisy7 said:
There is a question in DS-230 - if one overstayed for more than 180 days. So I think this is a limit.
Click to expand...
There is no guarantee that 180 days will be forgiven, is there?
 
I think yes, 180 will be forgiven. Do you have DS-230? You must answer Yes or NO to several questions in section 30.And H. is: (very long but briefly:) if you were previously ordered removed within the last 5 years......if you were previously unlawfully present in the US for more than 180 days but less than one year who voluntarily departed within the last 3 years.

Furthermore it is also regarding B1/B2 visa: if you overstayed more than 180 days but less than 360, you can not enter US for 3 years. If you overstayed for more than 360, you can not enter US for 10 years. So I guess, these are the limits relating to GC application. As was already mentioned, overstay is forigiven only to relatives.
 
Daisy7 said:
Furthermore it is also regarding B1/B2 visa: if you overstayed more than 180 days but less than 360, you can not enter US for 3 years. If you overstayed for more than 360, you can not enter US for 10 years. So I guess, these are the limits relating to GC application.
Click to expand...
Well, if it's OK to overstay B1/B2 visa for 180 days, then why people apply for visa extension? :confused:
 
Of course, it´s not OK. But I can not explain. I am not attorney. This is just what I have read.
 
PLEASE READ THE FOLLOWING WHICH WAS COPIED FROM Page 1 of Form I485 SUPPLEMENT A available from:

http://www.uscis.gov/graphics/formsfee/forms/i-485supa.htm

Section 245 of the Immigration and Nationality Act (the Act) allows the Attorney General in his or her discretion to adjust the status ofan alien to that of a lawful permanent resident (LPR), in lieu of consular visa processing, while the alien remains in the United States.In order to be eligible, the alien must have been inspected and admitted or paroled, be eligible for an immigrant visa and admissiblefor permanent residence, have an immigrant visa immediately available and, with some exceptions, have maintained lawfulnonimmigrant status. The alien must also not have engaged in unauthorized employment and must not be ineligible to adjust statusunder section 245(c) of the Act. If you meet all of these requirements, you do not have to submit this form when applying foradjustment of status to that of LPR.
Section 245(i) of the Act allows certain aliens to file for adjustment of status upon payment of a penalty fee of $1,000, even thoughsome of the conditions required by section 245(a) and (c) of the Act are not met. Aliens in the United States who have animmigrant visa immediately available, but who entered the United States without inspection, remained in the United Statespast the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section 245(c) ofthe Act must submit this form along with Form I-485, Application to Register Permanent Residence or Adjust Status.

This should answer everybody's big question!

GOOD LUCK

Barbara
2006EU11XX
AOS still waiting
 
Anahit said:
Well, if it's OK to overstay B1/B2 visa for 180 days, then why people apply for visa extension? :confused:
Click to expand...

Overstay simply causes high risk of future visa denial.
 
GotPR? said:
Overstay simply causes high risk of future visa denial.
Click to expand...
That's exactly my point!
My brother-in-law, who's here on B2 visa, won DV2007. His visa expires on October 4th, and I don't think he has a chance extending his visa. So, he is going back to do CP, because he can't risk getting his visa for DV by overstaying the B2 visa. I mean, the 180 days we talked about here would have been more than enough for him to apply for AOS, but IT IS RISKY! :D
 
Overstay and 245i

245i allows you to adjust status here in the usa without going back to your country. But there is a catch. You must have filled 1-360. 131 or 140 before April 1 2001.
But the whole process is at the discretion of the Attorney General.
For more information, go to USCIS web site on special cases for change of status.
 
BarbaraLamb said:
PLEASE READ THE FOLLOWING WHICH WAS COPIED FROM Page 1 of Form I485 SUPPLEMENT A available from:

http://www.uscis.gov/graphics/formsfee/forms/i-485supa.htm

Section 245 of the Immigration and Nationality Act (the Act) allows the Attorney General in his or her discretion to adjust the status ofan alien to that of a lawful permanent resident (LPR), in lieu of consular visa processing, while the alien remains in the United States.In order to be eligible, the alien must have been inspected and admitted or paroled, be eligible for an immigrant visa and admissiblefor permanent residence, have an immigrant visa immediately available and, with some exceptions, have maintained lawfulnonimmigrant status. The alien must also not have engaged in unauthorized employment and must not be ineligible to adjust statusunder section 245(c) of the Act. If you meet all of these requirements, you do not have to submit this form when applying foradjustment of status to that of LPR.
Section 245(i) of the Act allows certain aliens to file for adjustment of status upon payment of a penalty fee of $1,000, even thoughsome of the conditions required by section 245(a) and (c) of the Act are not met. Aliens in the United States who have animmigrant visa immediately available, but who entered the United States without inspection, remained in the United Statespast the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section 245(c) ofthe Act must submit this form along with Form I-485, Application to Register Permanent Residence or Adjust Status.

This should answer everybody's big question!

GOOD LUCK

Barbara
2006EU11XX
AOS still waiting
Click to expand...

emtee said:
245i allows you to adjust status here in the usa without going back to your country. But there is a catch. You must have filled 1-360. 131 or 140 before April 1 2001.
But the whole process is at the discretion of the Attorney General.
For more information, go to USCIS web site on special cases for change of status.
Click to expand...


ACTUALLY, MY HUSBAND IS ILLEGAL, CAME HERE ILLEGALLY THAT IS, AND HAS FRIENDS AT WORK THAT JUST STARTED FILING THEIR PAPERS IN 2005. THEY GOT THEIR PERMANENT RESIDENT CARDS JUST LIKE THOSE WHO HAD VISAS AND APPLIED. ALL YOU HAVE TO DO IS FILL OUT THE PAPERS. THEY CAME HERE UNINSPECTED AND RECIEVED THEIR PRC IN LESS THAN TWO YRS OF FILING. I HAVE ALREADY STARTED THE PROCESS FOR MY HUSBAND. THEY NEVER HAD TO LEAVE THE COUNTRY. THE GOV. ONLY WANTS YOU TO THINK THAT. AS LONG AS YOU ARE APPROVED FOR THE I 130 YOU CAN APPLY.
 
GotPR? said:
It depends on "illegal" you mean.
If illegal means one entered the US w/o inspection, they are not eligible for AOS, thus they have to go out and apply for CP, which leaves matter on officer's hand, but chance is narrow.
Click to expand...

illegal presence over a year will automatically trigger a ban on entering the US for 10 years.
 
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