DV 2020 All Selectees

Sm1smom

Super Moderator
#63
based on your replies, it seemed to me that you entered legally and were out of status before filing for asylum. if this is true, you have a period of illegal stay. however, if you filed for asylum before you were out of status, you have not yet accrued any illegal stay because you are in asylum pending status. for the latter scenario, you can definitely do CP (but with asylum still pending, you are not supposed to go back to the country of persecution). You will need to consult an attorney for this.
OP can go AOS route if they applied for asylum prior to going out of status. If the OP decides to go CP route, the asylum petition obviously becomes abandoned and my understanding is they’re therefore deemed to have accumulated an illegal presence from when their authorized stay expired to when they left the US.
 

SusieQQQ

Well-Known Member
#64
If the OP decides to go CP route, the asylum petition obviously becomes abandoned and my understanding is they’re therefore deemed to have accumulated an illegal presence from when their authorized stay expired to when they left the US.
And in this case would be subject to any applicable ban on entry?
 
#65
based on your replies, it seemed to me that you entered legally and were out of status before filing for asylum. if this is true, you have a period of illegal stay. however, if you filed for asylum before you were out of status, you have not yet accrued any illegal stay because you are in asylum pending status. for the latter scenario, you can definitely do CP (but with asylum still pending, you are not supposed to go back to the country of persecution). You will need to consult an attorney for this.
Appreciate your reply.yes,its really tricky scenario.2004 I entered legally(j1),stayed in status for about a year(tourist visa) then for a long time was out of status. around 4 years ago met my wife and while she was in status(j1) we applied for asylum (one year rule). thats what happened basically. probably leaving US wouldnt be an option.I will have to do my best to find out if its even possible.
 
#66
OP can go AOS route if they applied for asylum prior to going out of status. If the OP decides to go CP route, the asylum petition obviously becomes abandoned and my understanding is they’re therefore deemed to have accumulated an illegal presence from when their authorized stay expired to when they left the US.
unfortunately I was out of status,when my wife applied for asylum.but she was in status and one year rule.but I guess it doesnt make a difference. I was reading about some kind of waivers maybe about my unlawful presence.I dont know. I guess the only way is to try. But going CP route probably wouldnt be a good idea in this situation. great forum, already sheds some light, thank you for the response!
 
#70
If someone reuse the picture from past years , does it just affect the electronic step or he/she might be disqualified even after being selected in first step?
 
#71
Welcome back everyone . This year will be tough year again I guess . Friend of mine 2020AS13*** , I don know if someone here notices about change in DS260 login for 2020 . Now it is included the Electronic Diversity visa confirmation number to login .while 2019 ds 260 form login doesn’t require .just quick intro, I was DV2016 winner who already immigrated to US ,California. I like and enjoy my life over here cos a lot of opportunity for you guys . I made almost 70k$ /year as Process Tech . Thank you super moderator in this forum . For new winner , you will never regret to come to this forum and meet with these people . God bless you all
 

Attachments

#72
hellllo. I have been selected. But i have a problem, if somebody can help me. In aplication i do a mistake. My name is NIKO but there i write NIKI. Is this a big problem, how can i adjuste this ? pls somebody answer to me.
 

CWH

Active Member
#73
unfortunately I was out of status,when my wife applied for asylum.but she was in status and one year rule.but I guess it doesnt make a difference. I was reading about some kind of waivers maybe about my unlawful presence.I dont know. I guess the only way is to try. But going CP route probably wouldnt be a good idea in this situation. great forum, already sheds some light, thank you for the response!
when i mentioned that you could do CP in the latter scenario, i meant leaving with approved AP but, to COP, is not the move you want to make. i agree with mom that AOS was a better route and you don’t need to worry about your pending asylum application after you come back with a green card.

however, your case is falling in the former scenario, so AP for CP is not an option with your accumulated illegal stay unless you could get a waiver before leaving for CP. you will have to find a good immigration attorney who could help you to prove extreme hardship to qualify for a waiver. but then again, if you could be qualified for a waiver, your case would fall into the latter scenario and you can also choose the AOS route.

in my opinion, the key to your case is to get a waiver for your extended illegal stay, the gap between your authorized stay and asylum pending status.
 

Sm1smom

Super Moderator
#75
unfortunately I was out of status,when my wife applied for asylum.but she was in status and one year rule.but I guess it doesnt make a difference. I was reading about some kind of waivers maybe about my unlawful presence.I dont know. I guess the only way is to try. But going CP route probably wouldnt be a good idea in this situation. great forum, already sheds some light, thank you for the response!
In that case, you’re not eligible to file AOS due to having been out of status.

It doesn’t seem to me like you qualify for a waiver since your wife is also Asylum pending. One of the requirements for a waiver of inadmissibility is proving extreme hard which involves having a qualified relation to start with - proving extreme hardship is also hard by the way. Can you demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident spouse or parent?

I’m sorry to say, it doesn’t seem like there’s a way forward with your DV selection. Of course you can give AOS a shot if you think you stand a chance of being approved - your money, your case.
 

Sm1smom

Super Moderator
#76
when i mentioned that you could do CP in the latter scenario, i meant leaving with approved AP but, to COP, is not the move you want to make. i agree with mom that AOS was a better route and you don’t need to worry about your pending asylum application after you come back with a green card.

however, your case is falling in the former scenario, so AP for CP is not an option with your accumulated illegal stay unless you could get a waiver before leaving for CP. you will have to find a good immigration attorney who could help you to prove extreme hardship to qualify for a waiver. but then again, if you could be qualified for a waiver, your case would fall into the latter scenario and you can also choose the AOS route.

in my opinion, the key to your case is to get a waiver for your extended illegal stay, the gap between your authorized stay and asylum pending status.
OP does not qualify for a waiver
 

Sm1smom

Super Moderator
#77
unfortunately I was out of status,when my wife applied for asylum.but she was in status and one year rule.but I guess it doesnt make a difference. I was reading about some kind of waivers maybe about my unlawful presence.I dont know. I guess the only way is to try. But going CP route probably wouldnt be a good idea in this situation. great forum, already sheds some light, thank you for the response!
Eligibility for a provisional unlawful presence waiver are as follows:

To be eligible for a provisional unlawful presence waiver, you must meet ALL of the following conditions:
  • Be physically present in the United States to file your application and provide biometrics.
  • Be 17 years of age or older.
  • Be in the process of obtaining your immigrant visa and have an immigrant visa case pending with Department of State (DOS) because you:
    • Are the principal beneficiary of an approved Form I-130, Petition for Alien Relative; an approved Form I-140, Petition for Alien Worker; or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant who has paid the immigrant visa processing fee;
    • Have been selected by DOS to participate in the Diversity Visa (DV) Program (that is, you are a DV Program selectee);
    • Are the spouse or child of a principal beneficiary of an approved immigrant visa petition who has paid the immigrant visa processing fee to DOS; or
    • Are the spouse or child of a DV Program selectee (that is, you are a DV Program derivative)
  • Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident spouse or parent.
  • Believe you are or will be inadmissible only because of a period of unlawful presence in the United States that was:
    • More than 180 days, but less than 1 year, during a single stay (INA section 212(a)(9)(B)(i)(I)); or
    • 1 year or more during a single stay (INA section 212(a)(9)(B)(i)(II)).
  • Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e) and the Form I-601A and its instructions.

Unlawful Presence Waiver - you can also read more about the waiver from the link I’ve provided or pay some lawyer to tell you the same thing I’m already saying for free.
 

Britsimon

Super Moderator
#80
Eligibility for a provisional unlawful presence waiver are as follows:

To be eligible for a provisional unlawful presence waiver, you must meet ALL of the following conditions:
  • Be physically present in the United States to file your application and provide biometrics.
  • Be 17 years of age or older.
  • Be in the process of obtaining your immigrant visa and have an immigrant visa case pending with Department of State (DOS) because you:
    • Are the principal beneficiary of an approved Form I-130, Petition for Alien Relative; an approved Form I-140, Petition for Alien Worker; or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant who has paid the immigrant visa processing fee;
    • Have been selected by DOS to participate in the Diversity Visa (DV) Program (that is, you are a DV Program selectee);
    • Are the spouse or child of a principal beneficiary of an approved immigrant visa petition who has paid the immigrant visa processing fee to DOS; or
    • Are the spouse or child of a DV Program selectee (that is, you are a DV Program derivative)
  • Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident spouse or parent.
  • Believe you are or will be inadmissible only because of a period of unlawful presence in the United States that was:
    • More than 180 days, but less than 1 year, during a single stay (INA section 212(a)(9)(B)(i)(I)); or
    • 1 year or more during a single stay (INA section 212(a)(9)(B)(i)(II)).
  • Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e) and the Form I-601A and its instructions.

Unlawful Presence Waiver - you can also read more about the waiver from the link I’ve provided or pay some lawyer to tell you the same thing I’m already saying for free.
I don't think people get how much you know, or how endlessly helpful you are and that you provide extremely valuable, accurate information for free.

You frickin Rock Mom - really!
 
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