DV-2006 & Overstayed
- Thread starter MTUSA2004
- Start date
she cannot adjust her status in the States. She will have to leave the States and go through Consular processing, but leaving the States may trigger a ban on entering the U.S. for 3-10 years. I'd say - sit quietly and apply for GC when the hubby becomes a US citizen.
Abdenour Achab
Registered Users (C)
MTUSA2004 said:
Hi MTUsa,
My recommendation is to enter the DV 2006 lottery (Registration has just started), then, if she is selected, to talk to an immigration lawyer about her specific situation. If she overstayed less than 6 months, there shouldn't be a problem. For more than 6 months, only a good immigration can tell if she qualifies under one of the programs that allow people who have been out of status to adjust and pay a $1,000 fine.
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?????
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?????
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LucyMO said:
Dear LucyMO
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. Just as my lawyer sad before. I know 3 people they were overstayed, won lottery (dv-2004 and dv-2003) and they have GC today.
TheRealCanadian
Volunteer Moderator
milhausek said:
Not at all. Section 245 of the INA specifically states that one is ineligible to adjust status unless they have been in legal status the entire time in the US. The only exceptions are if they are the beneficiary of an Immediate Relative petition (spouse/parent of US citizen) or have relief under 245i (PD of 4/30/2001 or before) or 245k (EB case, out of status >180 days).
If USCIS finds out about this, you are sunk.
).TheRealCanadian
Volunteer Moderator
milhausek 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.
TheRealCanadian
Volunteer Moderator
milhausek said:
Was USCIS aware that they had overstayed? If they never become aware of your prior indiscretions then anything's possible. However, if they do, then there's a serious problem here.
DV-05 and EB3
Guys I need your help.....
I'm one of the winner of the DV-2005 and my case #4***. Also, my I-485 has been pending at local office at Atlanta after approval of my I-140 on may 2004 from TX. My EB case is based on 245i, so will I be eligible to adjust my status through DV? If I go through DV, do I need to withdraw my current I-485? Sofar different people gave me different opinion including INS officials.
Guys I need your help.....
I'm one of the winner of the DV-2005 and my case #4***. Also, my I-485 has been pending at local office at Atlanta after approval of my I-140 on may 2004 from TX. My EB case is based on 245i, so will I be eligible to adjust my status through DV? If I go through DV, do I need to withdraw my current I-485? Sofar different people gave me different opinion including INS officials.
Dear TheRealCanadianTheRealCanadian 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. I did not understand the law clearly, so I found another book. It is from lawyers, it explains all immigration procedures realy clearly even case as mine. I can recommend these books to everybody who do not know anythink about law.
To all of you good luck
TheRealCanadian
Volunteer Moderator
milhausek said:
Congratulations! What is the section? You just need to give me the number.
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:
I will be still around your forum, because its the best I found around whole internet!