• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

DV and extended stay

V

visegradi19

Registered Users (C)
Ok, here is the case:
a person stayed in USA after her visa expired (i.e. out of status/illegal) for some time and after returning homeland applied for DV lottery and won.

does she has a chance to get the DV?

what are the chances?

she entered USa legally with appropriate visa but then stayed 2-3 years. Then came back and applied for DV from home country and won.

how should she proceed? should she get an immigration at5torney? how can attorney help her? did anyone heard, experienced such a case?
 
See question f. on DS-230
An alien who was previously ordered removed within the last 5 years or ordered removed a second time within the last
20 years; who was previously unlawfully present and ordered removed within the last 10 years or ordered removed a
second time within the last 20 years; who was convicted of an aggravated felony and ordered removed; who was
previously unlawfully present in the United States for more than 180 days but less than one year who voluntarily
departed within the last 3 years; or who was unlawfully present for more than one year or an aggregate of one year
within the last 10 years.
Click to expand...

She has to mark yes and I think its likely that they deny the visa
 
Last edited by a moderator:
Extended Stay

Hello,

Your case is very tricky. I would suggest that you do not lose hope. Submit your response to the first notification letter. What I want to know is did you surrender your i-94 at the time of your departure from the US? If not, then it might be possible that the date of your departure was not recorded. Secondly, the fact that you voluntarily left the US on your own accord acts in your favor should it come to explaining yourself.
You are in a dilemma, please check the statistics on the DOS website for the adjudication of cases similar to you. I will post the link for you in a moment.

Regards
 
visegradi19 said:
Ok, here is the case:
a person stayed in USA after her visa expired (i.e. out of status/illegal) for some time and after returning homeland applied for DV lottery and won.

does she has a chance to get the DV?

what are the chances?

she entered USa legally with appropriate visa but then stayed 2-3 years. Then came back and applied for DV from home country and won.

how should she proceed? should she get an immigration at5torney? how can attorney help her? did anyone heard, experienced such a case?
Click to expand...

Here is the law:
INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY
B) 13/ ALIENS UNLAWFULLY PRESENT.-


(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-


(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235(b)(1) or section 240 , and again seeks admission within 3 years of the date of such alien's departure or removal, or


(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.
------------
so it means that if she overstayed less than 180 days will not get visa within 3 years, if it is more than 180 days then she won't get within 10 yrs.
 
bibokeyo said:
Hello,

Your case is very tricky. I would suggest that you do not lose hope. Submit your response to the first notification letter. What I want to know is did you surrender your i-94 at the time of your departure from the US? If not, then it might be possible that the date of your departure was not recorded. Secondly, the fact that you voluntarily left the US on your own accord acts in your favor should it come to explaining yourself.
You are in a dilemma, please check the statistics on the DOS website for the adjudication of cases similar to you. I will post the link for you in a moment.

Regards
Click to expand...

thanks a lot bibokeyo.

yes she gave them i-94 ar the time of departure.
i am waiting for the link.

but here the main question is how to answer the questions in the form. before sending them to consular office in kentucky. there is a question whether you have been in usa or not.

so what shud she answer there for the departure date?

the true date? or the expirationd ate of the visa.

coz she says if i state the true date of departure, they will immediately see i was illegal.

but if she just states that she was there while the visa was valid, is there a possibility that they dont check it?>
 
m1rahim said:
Here is the law:

------------
so it means that if she overstayed less than 180 days will not get visa within 3 years, if it is more than 180 days then she won't get within 10 yrs.
Click to expand...

It means if she overstayed less than 180 days then it is no problem; if she overstayed 180 or more days but less than 1 year, she is banned for 3 years while if she over stayed for 1 year or more she is banned for 10 years.
 
Last edited by a moderator:
At the time of the interview, you have to swear that all the information on the forms is correct. If it ever comes out that she was lied to get her greencard, she will lose her status (no matter how long she had the greencard). I am pretty sure that she is registered as having overstayed her visa for several years (I know of someone who had to go to secondary inspection each time he entered US just because he once overstayed the visa for a week).
Just my two cents: Someone like that deserves to go to the interview, pay all the necessary fees, and then get the visa denied.
 
Mihiranga said:
It means if she overstayed less than 180 days then it is no problem; if she overstayed 180 or more days but less than 1 year, she is banned for 3 years while if she over stayed for 1 year or more she is banned for 10 years.
Click to expand...

Yes, you are right, sorry for miss interpretation as I was doing it very quicckly
 
m1rahim said:
It may- overstaying means- you are staying more than you are legally allowed to- you entered legally but now staying illegally as you broke the law
Click to expand...

U.S. government doesn't take kindly to those who broke the law. If you know that you did something unlawfuly/illegal like overstaying. Don't risk it. If they found that you broke the law, the consequences will be severe (i.e banned from the U.S. for live).

Isn't the I-94 that is given to you at the POE when you enter the U.S, and is given back to the airline when you leave the country will show that you overstayed in the U.S or not?

What I'm not sure is how are I-94 work. I know it shows that you are legaly entered to the U.S thorough immigration security, but would they know from the I-94 that you were overstaying or not? In other word, would the airline report or give back these I-94 to the U.S immigration. If the airline does give the I-94 to the U.S immigration, then they have the record if you overstayed or not.

I heard from the news that one of the problem in U.S security border is that they can check and know who is comming in to the country but they don't check who is going out of the country. Don't quote me on this.
 
Last edited by a moderator:
I was looking at the U.S Custom & Border Protection website, and this is what it says:

Question
I did not turn in my I-94 when I left the U.S., what should I do?

Answer
If you returned home with your Department of Homeland Security Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it means that your departure was not recorded properly. It is your responsibility to correct this record. You must provide U.S. Customs and Border Protection (CBP) sufficient information so we can record your timely departure from the United States. This will close out your earlier record of arrival to this country.

If you do not validate a timely departure from the United States, or, if you cannot reasonably prove otherwise when you apply for admission to the U.S. in the future, CBP may conclude you remained in the U.S. beyond your authorized stay. If this happens, the next time you apply to enter the U.S. your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

In particular, visitors who remain beyond their permitted stay in the United States under the Visa Waiver Program cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. If this occurs and you arrive at a U.S. port-of-entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin.
 
Last edited by a moderator:
they arranged a date for the interview.

she stated everything as it is in the forms sent to KCC (1st package)

she stated that she were there. obversayed. and also that she has home residency requirement.

despite all these facts they invited for the interview.

what do you think?

1) if despite the fact that she stated everything honestly they called her. so does that mean that she can not get or most probably wont get rejection for the issues stated above?

if they will rejct for the above reasons why then call for the interview?

2) if they can reject on the pother grounds what are they?

what are ur forecasts? what do prepare? as supporting documents for getting cinsulks sympathy?:)
 
It seems to me that if someone overstaying for less than 180 days then there won't be penalty/implications in regards to GC lottery or in regards to general immigration law. You can still claim your GC lottery if you're the winner and you are not being banned to re-enter US if you overstay for less than 180 days.
 
From my experience, the U.S Embassy/Consulate and the KCC won't know what She wrote on the DS-230 until the interview. Basically, She can write anything She want and still can be scheduled for interview, but the accuracy will only be checked at the interview. If at the interview, She was found out that She overstayed, it is possible that her visa will be rejected.

Even if She passed the interview and got the visa, It still won't guarantee that She will be able to enter the U.S. She will have to pass Immigration at the airport. The immigration officers at the airport will decide if She can enter the U.S or not, even when She has the visa on hand. Immigration at the Airport will have all of her data, when She enters the U.S and when She left the U.S. It is possible that if they found out that She overstayed before, She could be denied entry to the U.S and forced to return to her home country.
 
You must log in or register to reply here.
Top