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Dv lottery consular processing AOS

Andyaslan

New Member
Dv lottery



Hi I have dual citizenship of turkey and Canada ,I come here with b2 ,I apply for “ u “visa ( crime victim visa ) my b2 out of time since 2017,after while I apply u visa I find out I won diversity lottery for 2020 and because I am out of status ,few lawyer told me you cann not get the green card ,true to DV lottery but I send DS 260 anyway ,I was talking one of the lawyer he told me ,go to Canada do the consular processing there because your b2 is called duration of stay because of that if you go back Canada you could come back again to the states to do AOS or do the consular prosesing in Canada.

is that true because of duration of stay ,despite the fact that my b2 is no longer valid ,can i go to Canada and do the consular processing there or go there and come back with b2 and do the AOS in the states ?

thanks in advance
 

Sm1smom

Super Moderator
If you were already out of status before submitting your U visa petition and that petition is still pending, you’re not eligible to process your DV selection via AOS.

Entering the US on a NIV with a preconceived intent of filing AOS is considered fraudulent, so going to Canada and returning to the US to file AOS is not an option. Plus your B2 is no longer valid anyway following your overstay, so you can’t even use it to re-enter the US.
 

Andyaslan

New Member
If you were already out of status before submitting your U visa petition and that petition is still pending, you’re not eligible to process your DV selection via AOS.

Entering the US on a NIV with a preconceived intent of filing AOS is considered fraudulent, so going to Canada and returning to the US to file AOS is not an option. Plus your B2 is no longer valid anyway following your overstay, so you can’t even use it to re-enter the US.
Thank you
 

newacct

Well-Known Member
Dv lottery



Hi I have dual citizenship of turkey and Canada ,I come here with b2 ,I apply for “ u “visa ( crime victim visa ) my b2 out of time since 2017,after while I apply u visa I find out I won diversity lottery for 2020 and because I am out of status ,few lawyer told me you cann not get the green card ,true to DV lottery but I send DS 260 anyway ,I was talking one of the lawyer he told me ,go to Canada do the consular processing there because your b2 is called duration of stay because of that if you go back Canada you could come back again to the states to do AOS or do the consular prosesing in Canada.

is that true because of duration of stay ,despite the fact that my b2 is no longer valid ,can i go to Canada and do the consular processing there or go there and come back with b2 and do the AOS in the states ?

thanks in advance
What you described this lawyer saying is very confusing. What they might be trying to say is that a Canadian citizen visitor who was not issued an I-94 upon entry does not automatically accrue unlawful presence after 6 months. Normally, someone starts accruing "unlawful presence" if they stay past the date on their I-94, but if you don't have an I-94, or have an I-94 that says "D/S" (duration of status), you do not automatically start accruing unlawful presence on any date. So if this is true, you would not have any unlawful presence, and you would not trigger a ban upon leaving the US (if you accrue 180 days of unlawful presence and then leave the US, you trigger a 3-year ban; if you accrue 1 year of unlawful presence and then leave the US, you trigger a 10-year ban). And so they are saying that, since you are not eligible for AOS (since you are out of status), you can immigrate on DV by instead doing Consular Processing in Canada for an immigrant visa, without worrying about triggering a ban. You would not be doing AOS under this route (Adjustment of Status = the process for getting permanent residency from inside the US); you would instead be doing Consular Processing, the process of getting permanent residency from outside the US. You would get an immigrant visa, and enter the US on that immigrant visa, and immediately become a permanent resident upon entry.

However, I believe that in recent years Canadian citizens are still usually issued an electronic I-94, even when entering by road, so this loophole probably doesn't apply to your case.
 

Andyaslan

New Member
What you described this lawyer saying is very confusing. What they might be trying to say is that a Canadian citizen visitor who was not issued an I-94 upon entry does not automatically accrue unlawful presence after 6 months. Normally, someone starts accruing "unlawful presence" if they stay past the date on their I-94, but if you don't have an I-94, or have an I-94 that says "D/S" (duration of status), you do not automatically start accruing unlawful presence on any date. So if this is true, you would not have any unlawful presence, and you would not trigger a ban upon leaving the US (if you accrue 180 days of unlawful presence and then leave the US, you trigger a 3-year ban; if you accrue 1 year of unlawful presence and then leave the US, you trigger a 10-year ban). And so they are saying that, since you are not eligible for AOS (since you are out of status), you can immigrate on DV by instead doing Consular Processing in Canada for an immigrant visa, without worrying about triggering a ban. You would not be doing AOS under this route (Adjustment of Status = the process for getting permanent residency from inside the US); you would instead be doing Consular Processing, the process of getting permanent residency from outside the US. You would get an immigrant visa, and enter the US on that immigrant visa, and immediately become a permanent resident upon entry.

However, I believe that in recent years Canadian citizens are still usually issued an electronic I-94, even when entering by road, so this loophole probably doesn't apply to your case.


That’s true ,Since I got selected DV 2020 everything is confusing ,when I have only U nonimirgrant application ,only one thing I could do just wait , It takes about 4 to 5 years to waiting time after get the visa ,but dv program was hope to me to get green card earlier any way thanks for reply
 
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