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interesting DV2008 case - Interpretetion of the law / completing forms

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Findingahome

Registered Users (C)
Hello...I came to the USA in 1989 with a J1 visa (no 2HHR). I overstay from 1990 until 1996 and during the time I attended university and worked without authorization (with my own SS#). I left the USA on Feb/96.

Now, I have won the DV2008 and have some issues completing the forms and answering questions....I have read very careful all the questions, and none address the issue of visa violations/work w/out authorization?

1) one reading question 30) Does the fact that I violated the status of my J visa makes my ineligible? If so, under what classification?

2) When completing question 25) dates of visits/residence in the USA and visa status, what do I put under 'status' during my state from 1990 until 1996. I also read several interpretations of the law whereas it mentions that J1 visa holders with D/S do not go accumulate unlawful presence.

Please please please...help me.
Thanks,
 
I also read several interpretations of the law whereas it mentions that J1 visa holders with D/S do not go accumulate unlawful presence.
Click to expand...
that is correct. Unless an immigration officer specifically made a determination that you were illegally present, the ban doesn't apply to you. Hopefully, you still have a copy of your I-94, or some other proof that you had D/S in your I-94, and proof of your departure from the US in 1996.
 
Findingahome said:
Hello...I came to the USA in 1989 with a J1 visa (no 2HHR). I overstay from 1990 until 1996 and during the time I attended university and worked without authorization (with my own SS#). I left the USA on Feb/96.

Now, I have won the DV2008 and have some issues completing the forms and answering questions....I have read very careful all the questions, and none address the issue of visa violations/work w/out authorization?

1) one reading question 30) Does the fact that I violated the status of my J visa makes my ineligible? If so, under what classification?

2) When completing question 25) dates of visits/residence in the USA and visa status, what do I put under 'status' during my state from 1990 until 1996. I also read several interpretations of the law whereas it mentions that J1 visa holders with D/S do not go accumulate unlawful presence.

Please please please...help me.
Thanks,
Click to expand...

Hi Finding a Home,
I realize this post is quite old but these are interesting questions and some I have not found an answer to yet. If I understand correctly F-1 or J-1 are not subject to the unlawful presence rule if D/S is on the I-94 unless you were officially found to be out of status. However how would one answer these questions on the DS230 form? I have looked at some of the questions. What if also you had an A# and a SS#. If you list these numbers the consulate is the consulate going to automatically find that you are ineligible and maybe even issue the bar?
Anyone ever been in this situation and can answer?????
 
But if you have A# and SS# application asks, you anyway have to answer. I don't get what's your concern.

By the way, I don't think law says overstaying D/S does not accumulate the unlawful presence toward entry bar. I have yet seen the actual words of law on this regard(may be somewhere in CFR, though). However, Foreign Affair Manual from DOS has such description(that's not a law).
 
D/s On I-20

Can the D/S be on the I-20? I was mistaken--the I-94 is no longer available.
Please anyone????
 
I-94 is the small piece of paper that they staple to your passport
at the port of entry when you arrive US, isn't it?
 
holys said:
I-94 is the small piece of paper that they staple to your passport
at the port of entry when you arrive US, isn't it?
Click to expand...

yes, it is and u must turn it in to the airline before you board the plane. I think they turn it in to immigrations so that they can record ur departure date
 
Hi John,
I will recap the situation and hoping you are an open minded individual as I hope you can see this as an immigration issue.
I am a US citizen and my partner (Europe region) came to the USA on an F-1 student visa in 1989. The I-94 has been lost however she (we are a same-sex couple) is still in possession of the original I-20 which is stamped by immigration with Admitted F-1 D/S.
She filed an asylum claim in 2001 and various attorneys advise it would go nowhere due to the one-year deadline so in 2004 we both came to Canada by land border and filed for asylum here. She was approved. The diversity lottery is her only chance of returning to the USA. We have told that a student with prove of D/S does not accumulate unlawful presence. I am just wondering if the I-20 will work instead of the I-94. The passport has prove of entry into Canada and the US attorney withdrew the asylum claim there and thus this would prove the date of departure. Any advise if the I-20 will be sufficient?
 
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