Are you elligible for the DV lottery if you are on expired visa in USA?

[JUSOGO]

Please,if someone can tell me. I applyed for the DV lottery but I am on expired J1 visa in USA for 2+ years already. Can I win and if I win am I elligible to prossed and get a green card? I already went to a laywer and he told me to apply and if I win he is going to help me get it. I just want to know if some one else has been in the same situation. I am from Europe from one of the ex republics of Yugoslavia.
Thanks eveyrbody that can tell me something.

 

[heyMike]

Please,if someone can tell me. I applyed for the DV lottery but I am on expired J1 visa in USA for 2+ years already. Can I win and if I win am I elligible to prossed and get a green card? I already went to a laywer and he told me to apply and if I win he is going to help me get it. I just want to know if some one else has been in the same situation. I am from Europe from one of the ex republics of Yugoslavia.
Thanks eveyrbody that can tell me something.

I have been on an J1, but have not been in your situation. Have you tried a search on the J1 forum here or on avvo.com?

You can also post your question in the immigration section on http://www.avvo.com/ask-a-lawyer or contact the office of Rajiv Khanna who are kind enough to provide this forum...

good luck

 

[blackcat1]

if you are out of status in the US, it means you are illeagal, then there is a penalty of 3-10 years to be banned to enter in the States! in case of winnig I don't think you can do AOS (since you don't have status) and in case of doing CP I don't think you will get it. do you have legal status now or not????

 

[bentlebee]

First you are an illegal now...so that means a ban of a certain time frame...second you didn't finish the J requirements so you are not eligible for a GC either...that means a double whammy!

I guess that lawyer likes to collect some money and later will say "sorry I did my best"...specially "best" which in his case is not meaning anything....there are lawyers and lawyers...contact the owner of this forum and see what he has to say. He is a lawyer and owns this forum...

 

[heyMike]

Jusogo,

not knowing your exact situation there might be options. Find out your legal status, if you are subjected to the 2-year rule and see if it is needed to get a waiver.
It is possible to get a waiver, even after an overstay (for instance through marriage of a US citizen) and then apply for AOS.

Google overstaying on a J1 and AOS and you'll find people that were in a similar situation.

Overstaying not necessarily leads to a ban; there is a difference between being out if status and unlawfully present. Consult multiple legal sources to get properly informed about your specific situation and see what your options are.

 

[samuel5028]

In you case, it is better to consult attorney before you take decision. Since you are staying in illegal in USA.