• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

worries because of overstay

HoDaV said:
on the a;ppilcatin they ask ) if i remember well) if i have violated there overstay rule of 180 days to 360 days or 360 days or more, and since I overstayd for 179 days I ticked no, which is not a lie
Click to expand...

you did overstay, thus breaking the immigration law, and you should have marked "yes".
 
canadaturk said:
-Person was approved for asylum and is now PR of Canada but is a citizen of an eligible DV country and has applied for the DV Lottery.
Click to expand...
country of his citizenship is irrelevant. Does his country of birth make him eligible for DV?

Case was not persued and withdrawn in 2005 as person voluntarily left US for Canada. Case was withdrawn due to the difficulty of approval from the 1-yr deadline.
-Person was approved for asylum
Click to expand...
so, was it withdrawn or approved? or was it a Canadian asylum?


-A person entered US legally on F-1 student visa (1989). Person files asylum application in 2001.
Click to expand...
he was in F-1 status for 13 years prior to filing for asylum? I was under the impression that you could do it only in the first year of your non-immigrant status.

lastly, I don't know if he ever accumulated any illegal presense, how much of it, and as a result, whether he is subject to a ban.
 
There are exceptions to the 1 year rule

LucyMO said:
he was in F-1 status for 13 years prior to filing for asylum? I was under the impression that you could do it only in the first year of your non-immigrant status.

lastly, I don't know if he ever accumulated any illegal pretense, how much of it, and as a result, whether he is subject to a ban.
Click to expand...

There are exceptions to the 1 year deadline rule. If the applicant can demonstrate that there were change of circumstances relating to his asylum application then it doesn't apply. Also if he can demonstrate that there are "extraordinary circumstances" relating to the delay in applying for asylum then the 1 year deadline rule doesn't apply.
Interestingly, an applicant maintaining lawful status "until a reasonable period before the filing of the asylum application" is recognized as an "extraordinary circumstance" that excuses a delay in applying for asylum.
 
Last edited by a moderator:
Overstay And Dv Lottery

The 2001 asylum application was in the USA. No interview was attended and no decision was made. Country of birth is Turkey.
In 2005 person left US voluntarily and arrived in Canada for asylum. The US case was withdrawn. The asylum case in Canada was approved in 2005.
My question is does D/S on the I-94 allow the person to be eligible for the DV Lottery?
 
D/S in his i-94 only allows him not to accumulate any illegal presense until an official determination by an immigration officer is made that he is in fact - out of status.
 
canadaturk said:
The 2001 asylum application was in the USA. No interview was attended and no decision was made. Country of birth is Turkey.
In 2005 person left US voluntarily and arrived in Canada for asylum. The US case was withdrawn. The asylum case in Canada was approved in 2005.
My question is does D/S on the I-94 allow the person to be eligible for the DV Lottery?
Click to expand...
Don't the US and Canada have agreement that one who applied asylum in either Canada or the US can not apply the same in another country ?
 
Last edited by a moderator:
That is true---however there is an exception for US citizens and the spouse is a US citizen. Both applied for asylum.
 
wow, a US citizen applied for an asylum in Canada? was the spouse subject to persecution in the US?

Why didn't the spouse from Turkey simply apply for an immigrant visa based on the relationship to the US spouse? it would be a lot easier than waiting for the DV lottery win.
 
You must log in or register to reply here.
Top