ECFMG J1 and DV2006? what do you think?

[Baco]

Hello everybody,
I apologize if these quesitons are stupid but I am currently doing my obgyn residency under ECFMG J1 visa (2 yrs HHR, 212e in) I have 6 year left on the J1, anybody can tell me if it is worth to apply for the DV lottery, I don´t know what would happen if I win?
1-Should I apply?
2-If I win should I leave the country for 2 years? will I still be elegilble?
3-If I win should I leave my residency spot and apply for a waiver(research poss).
4-Should I hire a lawyer to help me with the waiver
5-Can the BCIS waive my 2 yrs HRR based on the fact of winning the DV?
Thanks a lot in advance, be optimistic and GOOD luck with the lottery!!
RS.Baco

 

[LucyMO]

1-Should I apply?

you can, but unless you get a waiver before you can apply for AOS - it wouldn't do you any good.

2-If I win should I leave the country for 2 years? will I still be elegilble?

see above. If you leave the U.S. for 2 years you would not be eligible, because 1) you can't apply for an immigrant visa before you fulfil your 2 year or get a waiver, and 2) visas have to be issued from Oct 1, 2005 to Sep 30, 2006. If you don't get a visa in that time frame - you are not eligible.

3-If I win should I leave my residency spot and apply for a waiver(research poss).

You don't have to leave residency to apply for a waiver. But getting a waiver takes up to a year. You may simply not have enough time to get it.

4-Should I hire a lawyer to help me with the waiver

It's up to you. In my experience, in no-objection cases lawyers are pretty useless. In IGA (med residency) cases - well, who knows.

5-Can the BCIS waive my 2 yrs HRR based on the fact of winning the DV?

Absolutely not. See, first you sent all the docs to Department of State, and it issues a recommendation - whether favorable or not. Then DOS sends your docs to BCIS and they make a final decision. Getting a favorable recommendation is very difficult. ANd once a unfavorable recommendation is issued, BCIS will NEVER give you a waiver. Good luck!
And, undoubtedly, DOS will not issue a waiver solely on the fact of winning a lottery. Sorry.