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Won DV 2003/Out of Status..please help

mj-2020

Registered Users (C)
Hello all.

I need help on which direction to go. I won the DV 2003 in Apriil 2002.
At the time I was out of status though my H1-b had not expired.

I was planning to go to school in the fall and got the I-20 but due to some
bad advice on the part of my current lawyer, the F1 was never filed , even though
it was issued while my H1-b had not yet expired. I was not working with the
company that the H1-b is in.

Please help. Can I file for the dv and be forgiven? because it looks like all is lost.

This is really depressing. I prayed and prayed for the lottery win and got it, but things
do not look good.

I await your responses.

mj-2020
 
Hi,

Don't be worry.
In my understanding you have a choice go through CP. Return to your country and ask for GC in embassy.

In your country you don't need American legallity, do you?.
This way does everybody who is out of status.
Undergoing by Aos requires your full legallity, but CP--doesn't.

But ask in the closest INS or call to KCC.
Good luck!
 
sonka s.
Thank you so much for the reply.

What is CP?

Are you sure that applying in the home country does not require my legality?
I need to know so that I can plan to go home.

If you know of any cases like mine, please let me know. I come from one of those countries
were the embassy is notorious for refusals. They love to deny visas for the smallest
things.

eagerly awaiting/desparately confused.

mj-2020.
 
Last edited by a moderator:
Dear mj20-20



I'd recomend you carefully read all letter from this portal, related to Lottery visa. It helps a lot, believe me.
Then ask in INS, then call, or e-mail to KCC.

CP means Consular Processing, you go through in your country.
More people like more this choice. (Look to the AKTIO letters.)
They say CP is easier, faster and surely.

AoS means Adjustment of Status, and opposite to CP, you go through in US.
Second choice requires your legallity although you can be out of status by last 180 days...

You should to decide for one of them, or, according to omo-Jesu, you can decide for both.
You have not too much time to lost. Be careful and quick.

In my understanding you r legality isn't needed when you applying from your country.
But better check it. Just in case I'm wrong.
Look also www.shusterman.com.
Good explanation by professional lawyers!

Good luck.
s.
 
Hi,

If you decide to go throught the CP you shouldn't be illigally in the USA for more than 180 days.
AOS requests you to be legally all the time.
MIO
:)
 
s.s.
The reason I was asking about the legality issue is that remember, if you leave the US and were out of status, you are subject to the 3 or 10yr bans. It is a bog risk, that is why I really want to hear about someones experience in this matter. Otherwise I really appreciate your responses. I have decided to send the bio data and all initial info to KCC. I will call them on Monday too.

I have been reading almost all the dv responses on this forum and will continue to do so.

One last thing, does walking into the local INS office put me in any jeopardy? It's like walking into the lions den...so to speak.

thanks a million.

mj-2020
 
Hi, mj ,again

don't worry and think positive. All will be OK.
Could you tell me, please, how long are you out of status?
Remember, if less then 180 day you are still OK.

Did you notice, during the reading that majority of winners choose the CP?
Why? Because is safe and fast.
So, don't worry.

Coming to INS is absolutely safe. Everybody can ask.
This is no crime.

If I can help you in anything, it will be my pleasure.
So,feel free to write and to ask.
Maybe also somebody smarter then me will help you .

Go ahead!

Good night now
s.
 
I'm gald I found this site. Sonka S. and MIO - thanks for the input. I read your "looking for winners in CA post ..and found some useful info.

Actually, Im wondering, are there any winners from GA in here. I would love to hear your story.

thanks

mj-2020
 
Hi, mj

This site is really very usefull - a lot of information and so, many personal experiences BUT, you have to remember: here are not professional answers and advices!

Its only main directions. You have to be very careful and check any information in another sources.
Folks have a good will, but you can't rely on them in 100%.
Is many mistakes also.

When I came here I knew nothing. Right now is a bit better, but I still feel lack of formal /official/ information, I'd like to know much more...

Maybe visit in good lawyer' office will be OK, but after one bad experience I had, with stupid person, though prof, discouraged me at all.


Point is: you never know before it'll be works for you. After is sometimes,unfortunately, too late...
First is to believe in your victory.
Good luck.

Bye, bye

s.

PS.
Did you took a look at www.shusterman?

Now, go to www.immigration help. Also OK.
 
God is your helper

Hi MJ,

I dont like to be the bearer of not-so-good tidings, but to be frank with u, there is not guarantee even for CP with or without 180days illegal status.
Remember that the CP is less objective than INS! If you happen to come from the kind of country I come, the Us embassy guys dont go by law. They strictly go by emotion and the law supports them on that! All the power to reject or accept an application is granted to them and them only except in cases like spouse visa for H-1 and stuff like that.

I will advice you to PRAY PRAY AND PRAY AGAIN!i dont mean to scare you at all but is the truth. Actaully, the Us embasssy in some countries now have a database linked to the INS so they can tell if you've been here before and all that stuff. They also have all previous application recorded with your picture so for E.G in my country, they pull up all records for any matching names and dates of birth. In short, I dont think lieing is a good option for you cause even if only your middle name or DOB matches a previous application, they will pull it up!

I know someone: her twin sister won the lottery about 3 years ago and they both used the same passport to come here. one after the other. fortunately or unfortunately, she won the next year! she thot all she ahd to do was to go back home and pick up her visa. but alas, she was shocked that the embassy had records indicating her 'twin sister' worked at the same time in 2 different locations and states...they also had some other stuff on her where she was supposedly out of US but working in US, e.t.c. needless to say, despite all the name change and all that, they refused her the green card.

When i called KCC, one thing they said was not to worry about late numbers because several people end up getting refused especially these days for various reasons! Also imagine that they notify at least 90000 principal applicants and only issue a total of 50000 visas. Each principal applicant can represent a family - husband wife and kids. each of them will count for one visa each. making it possible that something like 150000 people are competing for 50000 visas and yet, look at the visa bulletin archives, in september of each year, almost all regions have current visa numbers i.e they serve all numbers! that simply means thousands and thousands got disqualified!

So my advice to you again, PRAY AS HARD AS U CAN!

dont bank on CP as a point of deliverance. just pray that on your interview date, u wil meet the right consul. i have seen such miracles happen even for unqualified people! someone whose borther applied for him. brother in US, applicant out of US, brother used personal passport picture and signed applciation! out of US applciant won DV, went for interview, consul told him, hey, this doesnt absolutely look like u, also signature differs from your form...the guy confesses, very fearfully! consul approves Green card nonetheless!!!

So again, pray. Prayers work!

in my case, my parents won several years ago and during processing, i became 21. we didnt knwo all that stuff then and even though they alerted us to it and said dont bother to apply for her, we still apllied and paid the visa fees. on day of interview, the consul jsut said, i am sorry u cant go with them...but i will refund your money! that alone was a miracle cos at least a portion is supposed to be non-refundable.

in summary, iwi ll still advice CP as against AOS though i had that AOS allows u to pay extra $1000 if you were otu of status but i am not sure. if u want, go CP and be truthful with them and pray for favor all the way.

God's blessings!
Omo Jesu
 
thanks to all for the good advice. I have decided to go with AoS for now. The main reason is that I do not have any time to consider CP..time is running out. I will keep you all informed. Please pray for me as I will also PRAY PRAY PRAY for myself (thanks omo-jesu).

mj-2020
 
Hi mg,
If you decided to go throught AOS I think in your case you should hire a GOOD lawyer, because I'm not sure you could pay 1000$ and they'll "forgive" you your illegal status this year.
Good luck.;)
 
hey guys,

just wondering...how long does it take to receive packet 2 from KKC after you send them the initial info?

thanks
mj-2020
 
First of all it depends on your case number.
As I've heard they usually send pacet2 1.5-2 month before the interview.
I haven't heard yet that somebody who won DV2003 received pacet2 MIO ;)
 
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