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DV Lottery and F-1

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canadaturk

Registered Users (C)
Lets say you entered the US on F-1 in 1989 legally. You then went out of status and filed an asylum petition in 2002. No decision was made on the petition and you had not even been to the interview and there was no other immigration proceedings. The F-1 was stamped D/S. Then you exited the US in 2005. Lets then say you win the DV Lottery.From what I have read and been told the 10-yr bar only applies if a decision was made that you had overstayed or if you were involved in any immigration proceedings. Is it possible to adjust status if you win the DV Lottery?
Any takers on this question.
 
canadaturk said:
Lets say you entered the US on F-1 in 1989 legally. You then went out of status and filed an asylum petition in 2002. No decision was made on the petition and you had not even been to the interview and there was no other immigration proceedings. The F-1 was stamped D/S. Then you exited the US in 2005. Lets then say you win the DV Lottery.From what I have read and been told the 10-yr bar only applies if a decision was made that you had overstayed or if you were involved in any immigration proceedings. Is it possible to adjust status if you win the DV Lottery?
Any takers on this question.
Click to expand...

Sounds complicated, the kind of case that needs good legal advice. So, If I were you I would consult an above average immigration lawyer.

You can check the eligibility requirements for AOS on the USCIS website to determine if they will allow you to adjust status.

The adjudicating officer (USCIS or DoS) will ultimately decided whether or not you overstayed and the penalty you face after they review all facts surrounding your case.
 
Not possible to adjust status, because you are out of status.
The reason for 10 years bar could be the following:
A Formal finding of a status violation made by INS or an immigration judge in the context of an application for an immigration benefit or in deportation proceeding, whichever comes first;
Click to expand...
It is very much likely this finding was made while considering your asylum petition.
 
canadaturk said:
....... Then you exited the US in 2005........
Click to expand...

So, you left US in 2005 and came back again? or are you trying to do CP for DV ?

If you came back, do you hold a valid visa now? if so, was it obtained disclosing your past 'facts'?
 
The question is not for me but for a loved one. She left the U.S. in 2005 and has never been back. So if she were to win the DV lottery it would be CP. By the way there was never any interview for the asylum petition. And no decision made so unless some determination was made that no one was aware of. The first entry was in 1989 and I have been advised that students are not subject to the 3/10 bars and since the date shows D/S.
I have had more than one attorney tell me this but it is still a concern.
 
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