MTUSA2004 said:Suppose that someone has a GC and the wife (married after the GC) doesn’t. The wife is in the USA (overstayed). Can the wife apply to the GC lottery? My question is because the application needs to be made by Internet and needs to fill the husband’s data.
Regards.
LucyMO said:the "fine" is applicable only in very particular situations, such as applying for a GC before 2001, you should read up on that.
and, of course, it will be an overstay of more than 6 months -- she's already overstayed, the lottery will take place in November-December, if she wins - she will get a notification letter in May-August of next year, and then the process of AOS or consular processing will begin in October of next year. Do you think it's MORE than 6 months or what?????
milhausek said:Your information is in this case kinda (hopefully) inacuate.
As I told you before I am overstayed (more than 5 years) I won DV-2005. My case number became current OCT. I filed my case 10/13/04. I have invitation from INS to dec/04 for fingerprinting and for interview.
OK we wiil see how "educated" you are. I asked couple lawyers around area. They all told me there are some posibilities. I will tell you later my experiences.LucyMO said:you are sunk, unless you were an F-1 or J-1 student with D/S in your I-94. In that case, you were out of status for 5 years, but didn't accumulate illegal presence. In that case, you can still get your immigrant visa through a consulate, if you cannot adjust status.
milhausek said:OK we wiil see how "educated" you are. I asked couple lawyers around area. They all told me there are some posibilities.
TheRealCanadian said:For your sake, I hope I am proven wrong. However, let me give you some free non-legal advice.
You seem to be straining to hear some good news, which I can understand. If a lawyer tells you what you want to hear, don't assume it's correct just because an attorney is saying so. If I had a dollar for each time an attorney told me something that was plain wrong, I'd have put myself through law school and paid the mortgage.
I cited statute to you for a reason - I'm not making this stuff up. And any attorney that tells you otherwise should also be able to cite statute, regulation or memorandum to back himself up. If he or she cannot, I would be very, very careful.
At your interview, USCIS will probably seek to verify your eligibility for AOS, namely that you have been in status continually since your last entry to the United States until the I-485 was filed. How do you plan to demonstrate this?
If you have overstayed for five years, then there is an excellent chance that the I-485 will be denied on the spot and you will be placed into removal proceedings.
milhausek said:OK so how you will explain me this...same case as mine last year ( so nothing with 246). Absolutely the same. Same lawyer, same problems. They have GC now.
Dear TheRealCanadianTheRealCanadian said:For your sake, I hope I am proven wrong. However, let me give you some free non-legal advice.
You seem to be straining to hear some good news, which I can understand. If a lawyer tells you what you want to hear, don't assume it's correct just because an attorney is saying so. If I had a dollar for each time an attorney told me something that was plain wrong, I'd have put myself through law school and paid the mortgage.
I cited statute to you for a reason - I'm not making this stuff up. And any attorney that tells you otherwise should also be able to cite statute, regulation or memorandum to back himself up. If he or she cannot, I would be very, very careful.
At your interview, USCIS will probably seek to verify your eligibility for AOS, namely that you have been in status continually since your last entry to the United States until the I-485 was filed. How do you plan to demonstrate this?
If you have overstayed for five years, then there is an excellent chance that the I-485 will be denied on the spot and you will be placed into removal proceedings.
milhausek said:After my yesterday's interview I asked immigration officer (after my passport was stamped with I-551) if does not matter if I am overstayed. He says there is some kinda law I can use (same as my lawyer told me). After this experience I went into library and I took book about immigration law and I realy found it.
OK I will find out for you to help more people. The book I mentioned was "Immigration made easy" from Barnes and Nobles. You were right about this "even if you are illegal alien here you can NOt to work in US. Thats the catch. If you are illegal, but you do not work in US you can obtain GC. Thats what I understood (hopefully right).TheRealCanadian said:Congratulations! What is the section? You just need to give me the number.