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Illegal in US and Winning Lottery

D

DV07

Registered Users (C)
If you are living in US illegally for say last 10 years and you win GC lottery,
can you get the GC or you cant because you have been illegal ??

IF you can then what is the best way of progressing in this ?
I have a friend's friend who won lottery but is illegal in US since 1994

Thanks
 
DV07 said:
If you are living in US illegally for say last 10 years and you win GC lottery,
can you get the GC or you cant because you have been illegal ??

IF you can then what is the best way of progressing in this ?
I have a friend's friend who won lottery but is illegal in US since 1994

Thanks
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if you are living in the US illegally and you won the DV you CAN'T get the GC
 
DV07 said:
If you are living in US illegally for say last 10 years and you win GC lottery,
can you get the GC or you cant because you have been illegal ??

IF you can then what is the best way of progressing in this ?
I have a friend's friend who won lottery but is illegal in US since 1994

Thanks
Click to expand...

Don't have chance buddy
 
Back then in 1990s, they they didn't take ur FP entering the US, so he might have a chance, but he needs to do CP.
 
Thanks Guys...The person entered US in 1996

Thought that was the case - being illegal in US and winning lottery is of no good wether you want to do AOS or CP

As a side question, if an illegal staying in US and marry's a US citizen will that get her/him GC?
 
DV07 said:
As a side question, if an illegal staying in US and marry's a US citizen will that get her/him GC?
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If the alien entered the US without inspection (crossing the border or with fake documents) HE OR SHE CAN NOT GET A GC, even if he/she marry a USC. Thats the law.
 
Only chance, he must leave the country without any furor. But I guess he dont have a vaild passport after that long time to do this.
 
LucyMO said:
if he entered legally (with a visa or a visa waiver) - yes.
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The person entered US legally using Student Visa. Which of course has expired by now. This was back in 1996 i think, so wouldnt have been fingerprinted then
 
DV07 said:
The person entered US legally using Student Visa. Which of course has expired by now. This was back in 1996 i think, so wouldnt have been fingerprinted then
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Do u think US immigration is stupid? Ofcourse they keep track of folks who entered the US legally regardless of them being finger printed or not.
This guy has no chance of doing AOS in the states if he won Visa lottery. His best bet is to marry a USC and he better not be doing that just for the GC
 
LucyMO, Thanks! Since this is a quite important question for non-immigrant visa holders, would you be willing to mention what the base of your advice is? (law, your experience, experience of your friends or people from this forum or something else).
 
It is not an advice, it is matter of fact. You can apply at every time even if you have any kind of other visa.
 
best&brightest said:
LucyMO, Thanks! Since this is a quite important question for non-immigrant visa holders, would you be willing to mention what the base of your advice is? (law, your experience, experience of your friends or people from this forum or something else).
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you are always suspected of having immigrant intent. However, only after you actually send in a form (DS-230, I-130, I-140) requesting an immigrant visa for yourself, your immigrant intent becomes obvious and beyond reasonable doubt. Simply playing the DV lottery doesn't prove it.
 
LucyMO, So basically this is your opinion (which I highly appreciate and respect). What I wanted to know with my previous question - is there say a memo for immigration officials, which says "playing a DV lottery doesn't show person's immigrant intent...". I come home quite often and every year as an F-1 I need a new visa. I don't see worth risking not finishing my degree because of the DV lottery, this is not comparable in terms ROI.
 
I understand. I am sure you'll find such discussions and memos on google.com. I do remember reading about them.
 
best&brightest said:
LucyMO, So basically this is your opinion (which I highly appreciate and respect). What I wanted to know with my previous question - is there say a memo for immigration officials, which says "playing a DV lottery doesn't show person's immigrant intent...". I come home quite often and every year as an F-1 I need a new visa. I don't see worth risking not finishing my degree because of the DV lottery, this is not comparable in terms ROI.
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If this helps, I am an F1 student and this is the advice I was given: although it should not matter that you have only played the lottery, and generally doesn't, there is a chance that after winning (but before sending any forms to KCC) because of the more uniform systems and fingerprinting the officers at the port of entry will see that you have entered and query your immigration intent [as an aside, my husband, who was the winner traveled in 4 seperate times after winning, but we were advised for him to come in through a busy airport because there was less likelihood the officers would have time to care], in fact, the legal advice given was to avoid travel out of the US if possible post-winning the lottery. Entering itself should be fine from what I was told, it is the winning that can create problems. Indeed, I was strongly advised not to go to a consulate post-winning because I would not get a new visa because of immigration intent.

Now, I think your question is in relation to simply entering the lottery? For this, I am not sure, but I would guess similar to Lucy that simply entering is not sufficient to demonstrate immigration intent (indeed, it is likely that no official will ever know that you entered). On forms, you are only ever asked whether you applied for an immigrant visa, to which you can respnd "no" because entry into the lottery is not an application for a visa.

I hope this helps - I am a bit tired so sorry if it doesn't make any sense.
 
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