Illegal immigrant wins in Green Card Lottery?

[zantho]

Hi

My cousin (who works in the physical labour business) has a good friend who is overstaying illegally in the United States.

His friend entered the US about 15 months ago in a legal manner, but has overstayed his 3 months visa by 13 months. Now his friend has sent his application in for the DV-2010 Green Card lottery (DV lottery).

My cousin wants to ask:
- what will happen if his friend wins?

- Will there be any consequences because of his overstay?
- Will his friend have to travel back to his own country to be able to receive green card, and can he then return to the United States legally, without consequences of previous overstay?
- Or can his friend remain the US and get the green card while being in the US, without consequences of overstay (is the overstay simply "forgotten" when a person wins a green card?)


On another note:
If his friend does not win, but keeps living/working illegally in the united states, can he apply for a green card or visa, after a number of years?

I remember there once was a law that illegal immigrants (who have either entered illegally or overstayed their legal visa length), who have worked in the US for a number of years (don't remember the number), can get a green card and become legal. Is this the way it still works?
And if it is, is there any proof that has to be given that the illegal immigrant has worked for those years while in the US?

 

[TheRealCanadian]

- what will happen if his friend wins?

Nothing, yet.

- Will there be any consequences because of his overstay?

Absolutely. He's subject to the 10-year re-entry bar, and he's ineligible to adjust his status. Therefore, he can take no actions based on winning the DV lottery.

I remember there once was a law that illegal immigrants (who have either entered illegally or overstayed their legal visa length), who have worked in the US for a number of years (don't remember the number), can get a green card and become legal. Is this the way it still works?

Nope.

 

[Fishplug10]

Well said the real Canadian, well said

 

[bentlebee]

Normally he would be ineligible...but with Obama's aunt who could stay here...you never know...but if he isn't related to Obama I guess the answer will be "NO Chance".

If he doesn't do zip and stays here he might become a citizen one day when Obama is getting illegals a path to citizenship while some legals won't have a chance

 

[samuel5028]

If you overstay your visa for more than 180 days you will face removal proceedings to be deported from the United States. Additionally, if you overstay for more than 180 days but less than one year then you will be inadmissible to the US for three years beyond that time and if you overstay for one year or greater you will be inadmissible for ten years. If you overstay but not more than 180 days you must leave the US but you can apply for a visa to return immediately. There are a few exceptions but they are found in only a small number of extreme situations.

 

[GCman2005]

obama aunt has applied for asylum and won her case. Obama didnt even know she was illegal. So dont use the info for intox. She just happen to be obama's aunt

 

[bairesfaraway]

Won lottery Visa with permanent resident husband

I live in US and I'm out of status. I'm married to a Permanent Resident and I won the 2014 lottery visa.
Many people tell me I'm not able to adjust status since I'm out of status.
I wonder if they will deny my visa for sure considering my husband is a permanent resident.
Does any body know about this?
Thanks.

 

[SusieQQQ]

How long have you been out of status?

From http://immigrationequality.org/issues/immigration-basics/diversity-visa-lottery-faqs/ :


Can I apply even if I’m in the U.S. without legal status (“undocumented”)?

Under current law, a person who is in the U.S. without legal status who wins the DV lottery will not be permitted to apply for their residence from within the U.S. (“adjust status”) unless they had some other legal permanent residence visa petition (family or employment based) filed before April 30, 2001. The DV lottery program is not an amnesty program. If you are undocumented and you receive a notice from DOS that you have won the DV lottery, the notice will instruct you to return to your country for processing. If you follow these instructions and leave the U.S., you will almost certainly not be allowed to return to the U.S. Under current immigration law, anyone who has been in the U.S. without legal status for more than 180 days will be prohibited from returning to the U.S. for three years if he or she leaves. Anyone who has been in the U.S. without legal status for more than one year will be prohibited from returning for ten years if he or she leaves.

 

[kazore]

I live in US and I'm out of status. I'm married to a Permanent Resident and I won the 2014 lottery visa.
Many people tell me I'm not able to adjust status since I'm out of status.
I wonder if they will deny my visa for sure considering my husband is a permanent resident.
Does any body know about this?
Thanks.

You won't be able to adjust your status. You have some chances to get your green card through consular processing. You'll have to go back to your country. They may discover that you were out of status in the US and you won't be allowed to go back to the us.
You need to consult an immigration lawyer.

 

[c1984]

I live in US and I'm out of status. I'm married to a Permanent Resident and I won the 2014 lottery visa.
Many people tell me I'm not able to adjust status since I'm out of status.
I wonder if they will deny my visa for sure considering my husband is a permanent resident.
Does any body know about this?
Thanks.

It looks like your only chance is to wait until your husband becomes a US citizen. Your overstay will not matter then.