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Was illegal but successful in getting GC?

W

Wamba

New Member
Hi,

Is there anyone in this forum that was illegal in the US (overstayed) and was successful in getting the green card through DV Lottery?
 
i don't think so either...you get stuck within the first papers that you have to fill out and if you get through that the USCIS will find out sooner than later.
 
It depends on how long you have overstayed and on what kind of visa.
For work visas, such as a valid H1 after a layoff, an overstay of less than 180 days is considered out of status, where as more than 180 is seen as unlawful presence.
An overstay of more than 6 months and less than a year is subjected to a 3 year ban, where as an overstay of more than a year is subjected to a 10 year ban.

So depending on your situation, the consulate can be lenient towards an out of status or an overstay of less than 180 days and still approve a Green Card application whereas unlawful presence means automatic denial of your application and a ban will be given.
 
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