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Lottery Winner with overstaying in the past.

L

lafrance.cobert

Registered Users (C)
Hello...

Wanted to solicit thoughts if I should go ahead with the paperwork needed to complete the GCL which I have won for 2014 (AF6xxx).
Input is greatly appreciated :cool:

Here is my situation.

1) Went to the US in the early 90's on a F-1 visa on a african passport, but then overstayed for about 15 years. I never got caught :D

2) Moved to France about 8 years ago, where I'm now a citizen holding a French passport.

3) Since leaving the US 8 years ago, I have visited the US a couple of times and never had a problem entering. And yes, every time I had to give my fingerprints and photo taken. BTW, I enter on my French Passport.


So my question is...

a) Does the 10 year ban apply to me even though my original F-1 visa said D/S (Duration of Status) and no ending date on the visa.

b) When I go to the interview next year, will they deny me the visa based on the fact that I overstayed my visa from 20 years ago ?

c) Will they know that I overstayed since I now carry a French passport ? When I first went in the early 90's, they never took fingerprints nor any of that jazz they do these days...Although I gave fingerprints to get a driver's license.

Thanks in advance for your replies...

Cobert
 
Well, what you're banking on is not getting caught, from what you've said. As the paperwork asks you everywhere you've lived since you were 16, do you plan to tell the truth about your stay in the US?

I also understand that the background checks done for immigrant visas are more stringent than non-immigrant visas. Will they pick up your fingerprints from your drivers licence? I don't know. Are you willing to take the chance?

And while I'm no expert on F1 visas, I understood they are issued for academic purposes. So unless you were studying for 15 years, I don't know if the "no expiration date" argument will hold any water.

Bottom line is, lying on the forms can carry serious consequences re future entry to the US. Are you willing to take that risk for the chance of a green card?
 
SusieQQQ said:
Well, what you're banking on is not getting caught, from what you've said. As the paperwork asks you everywhere you've lived since you were 16, do you plan to tell the truth about your stay in the US?
Click to expand...

I was planing on telling it all...but was having second thoughts if I wanted to go through that part of my life again...

SusieQQQ said:
I also understand that the background checks done for immigrant visas are more stringent than non-immigrant visas. Will they pick up your fingerprints from your drivers licence? I don't know. Are you willing to take the chance?

And while I'm no expert on F1 visas, I understood they are issued for academic purposes. So unless you were studying for 15 years, I don't know if the "no expiration date" argument will hold any water.
Click to expand...

I was not studying for 15 years :D

SusieQQQ said:
Bottom line is, lying on the forms can carry serious consequences re future entry to the US. Are you willing to take that risk for the chance of a green card?
Click to expand...

I would and why not ? No matter who say about America (in debt, poking their fingers into every cake, killing grandmas, etc) America is still the place. Besides, we all got 1 chance to live :cool:

SusieQQQ: Thanks for your replies...
 
lafrance.cobert said:
Hello...

Wanted to solicit thoughts if I should go ahead with the paperwork needed to complete the GCL which I have won for 2014 (AF6xxx).
Input is greatly appreciated :cool:

Here is my situation.

1) Went to the US in the early 90's on a F-1 visa on a african passport, but then overstayed for about 15 years. I never got caught :D

2) Moved to France about 8 years ago, where I'm now a citizen holding a French passport.

3) Since leaving the US 8 years ago, I have visited the US a couple of times and never had a problem entering. And yes, every time I had to give my fingerprints and photo taken. BTW, I enter on my French Passport.


So my question is...

a) Does the 10 year ban apply to me even though my original F-1 visa said D/S (Duration of Status) and no ending date on the visa.

b) When I go to the interview next year, will they deny me the visa based on the fact that I overstayed my visa from 20 years ago ?

c) Will they know that I overstayed since I now carry a French passport ? When I first went in the early 90's, they never took fingerprints nor any of that jazz they do these days...Although I gave fingerprints to get a driver's license.

Thanks in advance for your replies...

Cobert
Click to expand...

a) Yes, the 10 years ban is applicable to you. An F1 visa, with a D/S expiration date requires one to be in school carrying a certain minimum number of course credit for as long as the person is in the country on that F1 visa.

b) If you've stayed out of the US for 10 consecutive years, no, they wouldn't deny you the visa (but I doubt you did)

C) The embassy, they may not. If the embassy doesn't find out and you get the visa, an immigration officer at the POE may still find out about your over-stay and deny you entry regardless of the visa in your passport. You're still using the same name(s) and DOB you used on the African passport on your French passport, right? You were issued an I-20 when you entered on your F1 visa which you were supposed to hand over when you departed from the US, they most likely don't have that information in the system about your departure, or did you hand that over when you eventually left? They might not have been doing finger-printing back then, but they still have ways of knowing .............

So the call is yours to make ;)
 
If you're planning on the honest approach I'd take the risk - i wouldn't personally take the risk of lying on the forms. I understand there is an FBI check done on people who were previously resident in the US, including residence for F1 visas, so the FBI would be doing a pretty shoddy job if they didn't pick up your previous stay - especially as you had drivers licence etc.

See section 7 of the link, and hope you get a friendly interviewer!

http://photos.state.gov/libraries/poland/275705/cons_iv/DV-2013 FAQ.pdf
 
Sm1smom said:
b) If you've stayed out of the US for 10 consecutive years, no, they wouldn't deny you the visa (but I doubt you did)
Click to expand...

As of today, I have stayed out 8 years and 221 days...and no I won't make the magical 10 year mark :mad:

Sm1smom said:
You're still using the same name(s) and DOB you used on the African passport on your French passport, right?
Click to expand...

DOB is the same so is the last name. I have since changed my first/middle name to more of a western name.

Sm1smom said:
You were issued an I-20 when you entered on your F1 visa which you were supposed to hand over when you departed from the US, they most likely don't have that information in the system about your departure, or did you hand that over when you eventually left? They might not have been doing finger-printing back then, but they still have ways of knowing .............

So the call is yours to make ;)
Click to expand...

I didn't hand over my I20 neither did I hand over the I94. To be honest, when I flew away to freedom, I boiled both the docs and drank the water. :cool: And here I'm 8 years later wanting to get back into the US..

Thank you Sm1smom for your take :rolleyes:
 
SusieQQQ said:
I understand there is an FBI check done on people who were previously resident in the US, including residence for F1 visas, so the FBI would be doing a pretty shoddy job if they didn't pick up your previous stay - especially as you had drivers licence etc.
Click to expand...

Since living in France, I have requested 5 FBI reports for Immigration and for the type of work I do...None of them have shown a overstay. This is the reason it's sooo enticing to apply.

Thanks again SusieQQQ for your reply...lav ya !!!
 
Colbert

As SusieQQQ said i will advice to tell the truth.

If it can help you gain more confidence, i had a friend who won the DV lottery in 2013. She lived 5 years in US with expired F1 visas. When she learnt that she won the lottery, she went back to her home country and went through the whole process without any issues.
Today she has her green card and she is living in US.

The process could be easy and you will get the same outcome like my friend. Or it could be tough and the GC will be denied. You just have to try and hope the best. If you returned for a short stay twice already in the US, I think you should be ok....

Regards
 
gelb said:
Colbert
If it can help you gain more confidence, i had a friend who won the DV lottery in 2013. She lived 5 years in US with expired F1 visas. When she learnt that she won the lottery, she went back to her home country and went through the whole process without any issues.
Today she has her green card and she is living in US.
Click to expand...

If she was living illegally for 5 years, then the 10-year bar should have applied to her. How did she get around it ? Did she lie on he application ?

gelb: thank you too :cool:
 
lafrance.cobert said:
Hello...

Wanted to solicit thoughts if I should go ahead with the paperwork needed to complete the GCL which I have won for 2014 (AF6xxx).
Input is greatly appreciated :cool:

Here is my situation.

1) Went to the US in the early 90's on a F-1 visa on a african passport, but then overstayed for about 15 years. I never got caught :D

2) Moved to France about 8 years ago, where I'm now a citizen holding a French passport.

3) Since leaving the US 8 years ago, I have visited the US a couple of times and never had a problem entering. And yes, every time I had to give my fingerprints and photo taken. BTW, I enter on my French Passport.


So my question is...

a) Does the 10 year ban apply to me even though my original F-1 visa said D/S (Duration of Status) and no ending date on the visa.

b) When I go to the interview next year, will they deny me the visa based on the fact that I overstayed my visa from 20 years ago ?

c) Will they know that I overstayed since I now carry a French passport ? When I first went in the early 90's, they never took fingerprints nor any of that jazz they do these days...Although I gave fingerprints to get a driver's license.

Thanks in advance for your replies...

Cobert
Click to expand...

I m sorry to tell you that you are going to face a "visa refused" if u want to go ahead.
u can't go forward as an African winner with a "French passport". I know somebody who was denied a DV Visa here in Cameroon for that reason in 2010. Since that you have the French nationality (the meaning of having a French passport),you are suppose to have an EU CN.
If u want to go ahead, then you will use your African passport.
#JUST SAYIN#
 
camerboy said:
I m sorry to tell you that you are going to face a "visa refused" if u want to go ahead.
u can't go forward as an African winner with a "French passport". I know somebody who was denied a DV Visa here in Cameroon for that reason in 2010. Since that you have the French nationality (the meaning of having a French passport),you are suppose to have an EU CN.
If u want to go ahead, then you will use your African passport.
#JUST SAYIN#
Click to expand...

The DV process is based normally on the country of birth, not the country of current or previous citizenship. So unless the applicant is crosscharging somehow then a person born in Africa would normally count in the African region and receive an AF number. Doing it the way you suggest (i.e. based on nationality) will cause a disqualification.
 
camerboy said:
I m sorry to tell you that you are going to face a "visa refused" if u want to go ahead.
u can't go forward as an African winner with a "French passport". I know somebody who was denied a DV Visa here in Cameroon for that reason in 2010. Since that you have the French nationality (the meaning of having a French passport),you are suppose to have an EU CN.
If u want to go ahead, then you will use your African passport.
#JUST SAYIN#
Click to expand...

As Simon says, this is NOT true. Eligibility is based on country of birth, and as long as you can prove that with a birth certificate it doesn't matter what nationality the passport you present is, or what your current citizenship is.

And I think your friend lied about the reason for the visa refusal. I know someone who is from an African country, applied from
Australia after having gained Aussie citizenship and with an Australian passport, and they got through no problem.

From the official DV instructions:
"COUNTRY OF ELIGIBILITY OR CHARGEABILITY FOR THE DV PROGRAM – Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. “Native” ordinarily means someone born in a particular country, regardless of the individual’s current country of residence or nationality."
 
Last edited by a moderator:
britsimon said:
The DV process is based normally on the country of birth, not the country of current or previous citizenship. So unless the applicant is crosscharging somehow then a person born in Africa would normally count in the African region and receive an AF number. Doing it the way you suggest (i.e. based on nationality) will cause a disqualification.
Click to expand...

Britsimon, like your I m not a lawyer,I based my opinion to a fact that I saw in the past, but he is free to do what he want!
Added to that he has different names in his French passport and his birth certificate...
like somebody said , entry US under immigrant visa is different from entry under non-immigrant visa.
anyway...like they say, "who does not try, does not have.." so....!!
 
camerboy said:
Britsimon, like your I m not a lawyer,I based my opinion to a fact that I saw in the past, but he is free to do what he want!
Added to that he has different names in his French passport and his birth certificate...
like somebody said , entry US under immigrant visa is different from entry under non-immigrant visa.
anyway...like they say, "who does not try, does not have.." so....!!
Click to expand...

Camerboy...I applied with a British passport with an AF, chargeability was Burundi, with nothing but birth certificate from Burundi, everything else was from other countries. Not a single question on nationality and I have my visa. So other than his other issues he should be fine.
 
camerboy said:
Britsimon, like your I m not a lawyer,I based my opinion to a fact that I saw in the past, but he is free to do what he want!
Added to that he has different names in his French passport and his birth certificate...
like somebody said , entry US under immigrant visa is different from entry under non-immigrant visa.
anyway...like they say, "who does not try, does not have.." so....!!
Click to expand...

Ummm no, you based your opinion on something you heard secondhand from a friend who may not have been telling you a truth.

I am basing my opinion on a fact - and as SusieQQQ has confirmed above - straight from the official instructions. It is quite clear, not ambiguous at all.

I'm not trying to attack you in any way, just trying to point out the information you gave was VERY wrong - and if followed would result in a disqualification. For Sure. Fact.

Anyway, good luck with your case - I see your case number is very low - so lucky you! I just hope you haven't followed your own advice...
 
Lol I'm liking the posts :)


Case No - DV2013AF0007XXXX (applied the first time and got it the first time - lucky me!)
Entry Checked - 1st May 2012
Forms Sent To KCC - 10th May 2012
Received By KCC - 12th May 2012
Confirmation From KCC - 25th May 2012 after I sent them an email
2nd NL - 14th June 2013
Police Clearance (TZ) - 13th June 2013
Police Clearance (UK) - 21st June 2013
Medicals - Completed 24th June 2013
I-134 - 16th July 2013
Bank Statements - 22nd July 2013
Interview - Wednesday, August 7th 2013 @ 8am - US Embassy Tanzania - SUCCESS!!!
Visa Pick up - August 14th 2013
Departure Date - August 17th 2013 - booked already on Emirates!
Port of Entry - Washington Dulles
 
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