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participated in lottery before applying for tourist visa

R

radquita

New Member
Hi! I won in DV Lottery 2006, my number is EU11xxx and I am getting really confused. I am still not decided whether to go for CP or AOS and today I spoke to a lawyer and he said I will have a problem doing CP because I participated in DV Lottery 2004 (applied 2002/2003, did not win) and THEN I applied for tourist visa in May 2003. According to the lawyer the problem is that when applying for tourist visa one of the questions on the form is "Have you ever intended to emigrate to the USA?". Of course, at that time I answered "no" (otherwise I would have never got the visa) as I had forgotten about the lottery and did not know that it is considered an intention to emigrate. Now, what can I do? SHould I do CP or AOS? I have never thought this could be a problem...
 
there was no such question about your intentions. There is a question about ever applying for an immigrant visa on the application, and you never applied for it, I assume. Mere participation in the lottery does not contitute immigrant intent.

You can do AOS if you are in a legal status in the US, but if you are still outside the US, it's easier and faster to go through CP.
 
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