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HELP NEEDED, Complicated(?) situation.

E

emmka

Registered Users (C)
Hi all,
couple of questions.
Scenario:
Winner of DV lottery was in the USA, 2003-2006 as MALE F1 student. While there, got married to US citizen and they had a Child (US Citizen). Marriage didn't work, divorced (Got divorce documents). He withdrew application to change/adjust status from F1 to PR filed for him by EX-wife before any interviews. USCIS acknowledged withdrawal of this application. Student was on status and in good standing with immigration 2003-2006. Student left USA 2006, went to Canada. Now re-married, with 2 year old child(Canada Citizen). Student is a PR of Canada now and is back to University in Canada for MSC, Engineering.
Student entered DV lottery as married, details of wife and child (Canada) provided in initial entry and subsequent forms to KCC.

Questions:
1. Does this student need a police CERT from the USA? Lived there for more than 6 months but is it neccessary? Police certs from Canada and Country of birth will be got. Only 3 countries DV winner has lived in.
2. Any advice regarding any potential problems for this winner? Any one had a similar experience or read a similar experience here?

Just trying to cover all bases...many thanks.
 
Hello emmka,

Concerning Question 1 - A police certificate is required for any country the winner has lived in for more than 6 months over the past 10 years. I believe this is still true. Its better to work on that soon as possible. It shouldnt be a hard thing to get or worry about, unless one has a criminal history.

Concerning Question 2 - If student didnt fall out of status while in the US, then I cant imagine any pitfalls concerning previous immigration status in the US. Just as long as previous stays have been noted when asked. The divorce documentation is important to have and the divorce should also have been noted in the application. The American child will need to be documented in your application, but not from the point of view of getting residency since the child is already a citizen, but just for the record. So birth certificate of the child will be required at some point i believe. I'm sure members of the forum can give further details where I might be wrong and additional things to keep in mind.
 
Thanks alot for the advice,
will do more research about the USA police cert...i think it may not be neccessary.
 
You dont need a police certificate for the US, they will run a check themselves at the embassy/consulate, you need the police record for all the other countries you have been living tho
 
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