Joachim Feise

Mo007 wrote on 9/30/2004 10:15:
    >
    > Can I apply for Diversity Visa Lottery in the US, and if I am selected,
    > will all previous overstays be forgiven?

Nope. The same rules as for any other avenue exist.

    > - and how quick is the DV for
    > the winners to get a green-card?

GCs are only given out in the fiscal year the DV is for. I.e., for this
year's DV lottery, DV2006, GCs are given out in fiscal year 2006, from
Oct. 1, 2005 to Sept. 30, 2006. In the past, it has happened that INS/CIS
wasn't fast enough, and people didn't get their GC. Some people have
filed lawsuits because of that.

-Joe

Amanda

<snip>
    >
    > Can I apply for Diversity Visa Lottery in the US,

Anyone can apply regardless of where one lives as long as meet the
requirements.

    >and if I am selected,
    > will all previous overstays be forgiven? - and how quick is the DV for
    > the winners to get a green-card?


If you win, get an immigration lawyer. As fr as I know those who are
out of status but have I-130 pending can use 245(i) if they are
eligble to use the 245(i) when doing family-based AOS application.

Mo007

Sounds like I am doomed.

I will however, continue with my studies, hang on to my approved I-130, and if a visa becomes available to me - talk to an attorney. If another 245i or another act is passed, that benefits people with similar situation, I will get out of these crisis.

Kerry has a good proposal for people in my situation in his "SOLVE" act, particulary the "Transition Status". But the congress have to pass it, again... there are millions like me, surely immigration lawmakers must do something post-elections. Even if that mean the current adminstration continues to govern this country.

Amanda

Mo007 <member28317@british_expats.com> wrote in message news:<[email protected] om>...
    > > <snip>
    > > >
    > > > Can I apply for Diversity Visa Lottery in the US,
    > >
    > > Anyone can apply regardless of where one lives as long as meet the
    > > requirements.
    > >
    > > >and if I am selected,
    > > >will all previous overstays be forgiven? - and how quick is the DV
    > > >for
    > > >the winners to get a green-card?
    > >
    > >
    > > If you win, get an immigration lawyer. As fr as I know those who are
    > > out of status but have I-130 pending can use 245(i) if they are
    > > eligble to use the 245(i) when doing family-based AOS application.
    >
    > Sounds like I am doomed. :(
    >
    > I will however, continue with my studies,
That's the spirit. I heard that Canada is easier for educated
people to immigrate to. For any reason, if you must leave, may be you
could go wait in canmada and your family can visit you. But I hope
that 245 (i) will be extended to cover the lack of physical presence.


    >hang on to my approved I-130,
    > and if a visa becomes available to me - talk to an attorney. If another
    > 245i or another act is passed, that benefits people with similar
    > situation, I will get out of these crisis.
    >
    > Kerry has a good proposal for people in my situation in his "SOLVE" act,
    > particulary the "Transition Status". But the congress have to pass it,
    > again... there are millions like me, surely immigration lawmakers must
    > do something post-elections. Even if that mean the current adminstration
    > continues to govern this country.

Mo007

Amanda

Thanks for the encouragements, I am not taking further risks by immigrating to Canada. Sometimes you take a real look on how much trouble you are in, and you have no more room for mistakes.

I have this question though...

What If: The USCIS havent found out about my overstay yet, and when a visa becomes available for me, I go to Canada (which is not my home country, The UK is)... can I go to the US consular post in Canada to get my consular process completed.

This was probably already thought-out before...

Thanks

Amanda

Mo007 <member28317@british_expats.com> wrote in message news:<[email protected] om>...
    > > Mo007 <member28317@british_expats.com> wrote in message
    > > news:<[email protected] om>...
    > > > > <snip>
    > > > > >
    > > > > > Can I apply for Diversity Visa Lottery in the US,
    > > > >
    > > > > Anyone can apply regardless of where one lives as long as meet the
    > > > > requirements.
    > > > >
    > > > > >and if I am selected,
    > > > > >will all previous overstays be forgiven? - and how quick is the
    > > > > >DV
    > > > > >for
    > > > > >the winners to get a green-card?
    > > > >
    > > > >
    > > > > If you win, get an immigration lawyer. As fr as I know those who
    > > > > are
    > > > > out of status but have I-130 pending can use 245(i) if they are
    > > > > eligble to use the 245(i) when doing family-based AOS application.
    > > >
    > > > Sounds like I am doomed. :(
    > > >
    > > > I will however, continue with my studies,
    > > That's the spirit. I heard that Canada is easier for educated
    > > people to immigrate to. For any reason, if you must leave, may be
    > > you
    > > could go wait in canmada and your family can visit you. But I hope
    > > that 245 (i) will be extended to cover the lack of physical
    > > presence.
    > >
    > >
    > > >hang on to my approved I-130,
    > > >and if a visa becomes available to me - talk to an attorney. If
    > > >another
    > > >245i or another act is passed, that benefits people with similar
    > > >situation, I will get out of these crisis.
    > > >
    > > > Kerry has a good proposal for people in my situation in his "SOLVE"
    > > > act,
    > > > particulary the "Transition Status". But the congress have to pass
    > > > it,
    > > > again... there are millions like me, surely immigration lawmakers
    > > > must
    > > > do something post-elections. Even if that mean the current
    > > > adminstration
    > > > continues to govern this country.
    >
    > Amanda
    >
    > Thanks for the encouragements, I am not taking further risks by
    > immigrating to Canada. Sometimes you take a real look on how much
    > trouble you are in, and you have no more room for mistakes. :D
    >
    > I have this question though...
    >
    > What If: The USCIS havent found out about my overstay yet, and when a
    > visa becomes available for me, I go to Canada (which is not my home
    > country, The UK is)... can I go to the US consular post in Canada to get
    > my consular process completed.

What day you left would be recorded when you leave. The bar, if
applied, would start from that date. Then again, you might not be
barred, who knows? There is a form to request for the waiver when
applying for the visa (immigrant visa) at a consulate office. But
then, there might be a similar provision that would becomes available
to you by the time you do AOS.

If no option becomes available, instead of going to Canada, why not
find a US citizen wife?

    >
    > This was probably already thought-out before... :(
    >
    > Thanks

Mo007

My I94 says D/S... so they can not techinically apply the 3/10 yrs bar, unless a judge or USCIS figures it out.

If I leave the US un-noticed (this sounds so wrong ... but let's say hypothetically speaking) to Canada, can I get an immigrant visa from the consular office there? (Canada is not my home country).

I dont feel committing to someone (US Citizen) for green-card purposes... but If happen to find myself in a serious relationship... I wouldn't wait .

Amanda: You think (given the lapsed time for old provisions) a new provision could make its way in the next year or so?

Thanks

Sylvia Ottemoeller

"Mo007" <member28317@british_expats.com> wrote in message
news:[email protected] m...

    > > Mo007 <member28317@british_expats.com> wrote in message
    > > news:<[email protected] om>...

    > > > > Mo007 <member28317@british_expats.com> wrote in message
    > > > > news:<[email protected] om>...

    > > > > > > <snip>
    > > > > > > >
    > > > > > > > Can I apply for Diversity Visa Lottery in the US,

    > > > > > > Anyone can apply regardless of where one lives as long as meet
the
    > > > > > > requirements.

    > > > > > > >and if I am selected,
    > > > > > > >will all previous overstays be forgiven? - and how quick is
    > > > > > > >the DV for the winners to get a green-card?

    > > > > > > If you win, get an immigration lawyer.

And get a good one that has experience with DV processing. There are not
many lawyers that really know this area.

As fr as I know those
    > > > > > > who are out of status but have I-130 pending can use 245(i) if
they
    > > > > > > are eligble to use the 245(i) when doing family-based AOS
    > > > > > > application.

    > > > > > Sounds like I am doomed. :(

[snip]

    > > > I have this question though...
    > > >
    > > > What If: The USCIS havent found out about my overstay yet, and when a
    > > > visa becomes available for me, I go to Canada (which is not my home
    > > > country, The UK is)... can I go to the US consular post in Canada to
get
    > > > my consular process completed.

Don't kid yourself that there is the slightest possibility of hiding the
overstay. When processing permanent resident cases, USCIS and the State
Department go over your entire background with a fine toothed comb. They
ask you to write down where you have been (month and year to month and year)
since the age of 16, and sign the form under penalty of perjury.

    > > What day you left would be recorded when you leave. The bar, if
    > > applied, would start from that date. Then again, you might not be
    > > barred, who knows? There is a form to request for the waiver when
    > > applying for the visa (immigrant visa) at a consulate office. But
    > > then, there might be a similar provision that would becomes available
    > > to you by the time you do AOS.

[snip]

    > My I94 says D/S... so they can not techinically apply the 3/10 yrs bar,
    > unless a judge or USCIS figures it out.
    > If I leave the US un-noticed (this sounds so wrong :) ... but let's say
    > hypothetically speaking) to Canada, can I get an immigrant visa from the
    > consular office there? (Canada is not my home country).

A "third-country" consular post has the choice of accepting your immigrant
visa application, but it almost never does so except in some extreme
situation with a humanitarian element. For DV cases, you have the absolute
deadline of September 30 of that year, and it is very unwise to do anything
that may take extra time. You should arrange for consular processing in
your home country.

Amanda

Mo007 <member28317@british_expats.com> wrote in message news:<[email protected] om>...
    > > Mo007 <member28317@british_expats.com> wrote in message
    > > news:<[email protected] om>...
    > > > > Mo007 <member28317@british_expats.com> wrote in message
    > > > > news:<[email protected] om>...
    > > > > > > <snip>
    > > > > > > >
    > > > > > > > Can I apply for Diversity Visa Lottery in the US,
    > > > > > >
    > > > > > > Anyone can apply regardless of where one lives as long as meet
    > > > > > > the
    > > > > > > requirements.
    > > > > > >
    > > > > > > >and if I am selected,
    > > > > > > >will all previous overstays be forgiven? - and how quick is
    > > > > > > >the
    > > > > > > >DV
    > > > > > > >for
    > > > > > > >the winners to get a green-card?
    > > > > > >
    > > > > > >
    > > > > > > If you win, get an immigration lawyer. As fr as I know those
    > > > > > > who
    > > > > > > are
    > > > > > > out of status but have I-130 pending can use 245(i) if they
    > > > > > > are
    > > > > > > eligble to use the 245(i) when doing family-based AOS
    > > > > > > application.
    > > > > >
    > > > > > Sounds like I am doomed. :(
    > > > > >
    > > > > > I will however, continue with my studies,
    > > > > That's the spirit. I heard that Canada is easier for educated
    > > > > people to immigrate to. For any reason, if you must leave, may
    > > > > be
    > > > > you
    > > > > could go wait in canmada and your family can visit you. But I
    > > > > hope
    > > > > that 245 (i) will be extended to cover the lack of physical
    > > > > presence.
    > > > >
    > > > >
    > > > > >hang on to my approved I-130,
    > > > > >and if a visa becomes available to me - talk to an attorney. If
    > > > > >another
    > > > > >245i or another act is passed, that benefits people with similar
    > > > > >situation, I will get out of these crisis.
    > > > > >
    > > > > > Kerry has a good proposal for people in my situation in his
    > > > > > "SOLVE"
    > > > > > act,
    > > > > > particulary the "Transition Status". But the congress have to
    > > > > > pass
    > > > > > it,
    > > > > > again... there are millions like me, surely immigration
    > > > > > lawmakers
    > > > > > must
    > > > > > do something post-elections. Even if that mean the current
    > > > > > adminstration
    > > > > > continues to govern this country.
    > > >
    > > > Amanda
    > > >
    > > > Thanks for the encouragements, I am not taking further risks by
    > > > immigrating to Canada. Sometimes you take a real look on how much
    > > > trouble you are in, and you have no more room for mistakes. :D
    > > >
    > > > I have this question though...
    > > >
    > > > What If: The USCIS havent found out about my overstay yet, and when
    > > > a
    > > > visa becomes available for me, I go to Canada (which is not my home
    > > > country, The UK is)... can I go to the US consular post in Canada to
    > > > get
    > > > my consular process completed.
    > >
    > > What day you left would be recorded when you leave. The bar, if
    > > applied, would start from that date. Then again, you might not be
    > > barred, who knows? There is a form to request for the waiver when
    > > applying for the visa (immigrant visa) at a consulate office. But
    > > then, there might be a similar provision that would becomes available
    > > to you by the time you do AOS.
    > >
    > > If no option becomes available, instead of going to Canada, why not
    > > find a US citizen wife?
    > >
    > > >
    > > > This was probably already thought-out before... :(
    > > >
    > > > Thanks
    >
    > My I94 says D/S... so they can not techinically apply the 3/10 yrs bar,
    > unless a judge or USCIS figures it out.
    >
    > If I leave the US un-noticed (this sounds so wrong :) ... but let's say
    > hypothetically speaking) to Canada, can I get an immigrant visa from the
    > consular office there? (Canada is not my home country).

Let's say you susceeded sneaking into Canada. There will always be a
record of your entry to US on F-1. You do your CP and eneter on
immigrant visa and then boom..one day, the old info pops up and what
do you think will happen?

    >
    > I dont feel committing to someone (US Citizen) for green-card
    > purposes...

I didn't mean that either.

    >but If happen to find myself in a serious relationship... I
    > wouldn't wait :D.
    >
    > Amanda: You think (given the lapsed time for old provisions) a new
    > provision could make its way in the next year or so?

I am hopeful that it will because I have friends who need that.

    >
    > Thanks

Mo007

Ok... so there are million other people in my situation, and reinsitution of previous provision are needed... and most like the USCIS knows that there are people who need this, but they dont know who they are until these people come forward.

They need to bail us out from old provisions... We violated our status, because some laws force people to violate statuses, keeping families together for-instance.

Immigration issues should be re-reviewed by the congress by individual acts, in my opinion, it should be the centre stage of all domestic issues post-elections.

Joachim Feise

Mo007 wrote on 10/5/2004 22:10:
    >
    > They need to bail us out from old provisions... We violated our status,
    > because some laws force people to violate statuses, keeping families
    > together for-instance.

Huh? This is a flawed argumentation. There is nothing that keeps families
from staying together. There just is no right to "keep together" in the US...
Nobody prevents you to stay in your home country together with your family.
Using the inability to stay together in the US as an excuse for violating
US laws is just that, a bad excuse.

    > Immigration issues should be re-reviewed by the congress by individual
    > acts, in my opinion, it should be the centre stage of all domestic
    > issues post-elections.

Dream on...

-Joe

maua

I need some advice with almost the same situation.

I came to US with F-1 Visa. I completed my undergraduate degree, then ran out of F-1 Status for more than a year. i.e. I didn't apply for OPT's one year EAD since I thought I will start attending graduate school immediately following my graduation. But things didn't work out that way.
Then I applied for a political asylum during my out of status period. In the receipt notice, it says that I am allowed to stay in US till my case has been decided. So I am still waiting, but chances for me to be granted an asylum filed after one year in US is very slim.
Now, since both my parents are here in US (permanent residents), my dad filed I-130, which is pending.
I am in graduate school right now, and I have EAD based on my pending asylum case. My question is same as others above. If my asylum case is still pending, will I be able to adjust my status here in US when my I-130 is approved? without going back to my country?

Jozef

"maua" <member30162@british_expats.com> wrote in message
news:[email protected] m...
    > I came to US with F-1 Visa. I completed my undergraduate degree, then
    > ran out of F-1 Status for more than a year. i.e. I didn't apply for
    > OPT's one year EAD since I thought I will start attending graduate
    > school immediately following my graduation. But things didn't work out
    > that way.
    > Then I applied for a political asylum during my out of status period. In
    > the receipt notice, it says that I am allowed to stay in US till my case
    > has been decided. So I am still waiting, but chances for me to be
    > granted an asylum filed after one year in US is very slim.
    > Now, since both my parents are here in US (permanent residents), my dad
    > filed I-130, which is pending.
    > I am in graduate school right now, and I have EAD based on my pending
    > asylum case. My question is same as others above. If my asylum case is
    > still pending, will I be able to adjust my status here in US when my I-
    > 130 is approved? without going back to my country?

Considering you did not maintain status, that is unlikely. However, if like
Mo007 your I-94 says D/S, you have not accrued illegal presence that counts
towards the 3/10 bar, you should be able to obtain an immigrant visa at the
consulate in your home country once the I-130 is approved.

Jozef
(Not a lawyer)

Mo007

I was wondering... when you said "your I-94 says D/S, you have not accrued illegal presence that counts
towards the 3/10 bar, you should be able to obtain an immigrant visa at the
consulate in your home country".... won't they find out you have been out-of-status while in the US when you try to obtain that visa from the consulate in my home country.

How long does the process take anyways?...

So, if my Priority becomes current.... if I leave the US to obtain a visa from outside, Will my out-of-status be an issue at the US exit ports (considering I have I94 with D/S on it), will they be able to check what my status was before I left?

Thanks everyone.

Jozef

"Mo007" <member28317@british_expats.com> wrote in message
news:[email protected] m...
    > I was wondering... when you said "your I-94 says D/S, you have not
    > accrued illegal presence that counts
    > towards the 3/10 bar, you should be able to obtain an immigrant visa at
    > the
    > consulate in your home country".... won't they find out you have been
    > out-of-status while in the US when you try to obtain that visa from the
    > consulate in my home country.

Well, yes, probably - that's why you should minimize the out of status time.

    > How long does the process take anyways?...

It depends on the consulate, and whether they decide on doing a background
check. But we're talking months, instead of years for AOS in the US. And for
you AOS is not an option.

    > So, if my Priority becomes current.... if I leave the US to obtain a
    > visa from outside, Will my out-of-status be an issue at the US exit
    > ports (considering I have I94 with D/S on it), will they be able to
    > check what my status was before I left?

It won't be an issue when you leave. I imagine you may have some explaining
to do during your interview at the consulate though.

Jozef
(Not a lawyer)