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Complicated Case of Lottery Visa for Someone Undocumented

mfondini

Registered Users (C)
My friend's girlfriend (they are gay so not allowed to marry or migrate as yet) has been in the US since last year and has over stayed her visa by nearly 7 months - so a US citizen in relationship with a Cypriot who is now without papers. They applied for a lottery visa for the girlfriend last year (she had already overstayed her visa by then). Is it possible for her to legalize if she is lucky enough to win that lottery? In the absence of any legal immigration rights this is the only option they were hoping for unless the laws change soon. Any idea?
 
GC via DV while 'over staying' in US is next to impossible.
She will be subjected to 3/10 yr bar.
http://www.usvisahelp.com/node/15

Only way out for her (if she entered US legally) is to marry a US citizen and then apply for a 'marriage based' GC.
However, US Fed. govt. do not recognize same sex marriages.

Hope this helps. In any case just talk to few imm. lawyers and get 'legal' opinion as well. Most do initial 'consultations' for free.

Best!
 
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