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-   -   accepted for further processing in dv-2012 but worried may be ineligible (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/accepted-further-processing-dv-2012-but-worried-may-ineligible-725135/)

embrake81 Jul 16th 2011 4:06 pm

accepted for further processing in dv-2012 but worried may be ineligible
 
Hello. Yesterday I was fortunate enough to be selected for further processing in the diversity visa lottery however a colleague seems to think I may be ineligible and I wanted another opinion as I’m a little concerned. Earlier this year I flew into LA under the VWP spending roughly two months in the country before driving into Canada where I spent some time before flying home out of Vancouver. My colleague seems to think I may have not been ‘checked out’ of the US effectively. I did some research online and people in similar situations previously have mentioned about returning their i-94 to be officially checked out but I never had this stapled into my passport upon arrival. I do have a stamp in my passport stating the date I entered Canada, which is obviously the same day I left the US. Do you think this will come up at my Green Card interview and if so is there anything extra I should take just incase? Thank you in advance.

meauxna Jul 16th 2011 5:27 pm

Re: accepted for further processing in dv-2012 but worried may be ineligible
 
Going to Canada is not the same as leaving the US (when visiting on the VWP). You don't say how long you were in Canada. Or where you went from there. It matters.

You may not be eligible to use the VWP in the future but it should not affect your DV application.

Collect evidence of your physical presence in Canada and clear evidence of when you returned to your home.

embrake81 Jul 16th 2011 5:33 pm

Re: accepted for further processing in dv-2012 but worried may be ineligible
 

Originally Posted by meauxna (Post 9499381)
Going to Canada is not the same as leaving the US (when visiting on the VWP). You don't say how long you were in Canada. Or where you went from there. It matters.

You may not be eligible to use the VWP in the future but it should not affect your DV application.

Collect evidence of your physical presence in Canada and clear evidence of when you returned to your home.

I was in Canada from mid April to mid May and then flew from Vancouver to Sydney (home) In total this mean't I was in USA/Canada for more than 90 days. I was told that the VWP doesnt reset if you enter Canada and then go back into the USA but was under the impression that as long as I didn't outstay my welcome in Canada regarding their laws I would be fine. The only evidence I could think of from Canada is receipts and bank statements showing I was there, as from evidence of when I returned home i'm not too sure. Thanks for your help though, most appreciated

ian-mstm Jul 16th 2011 6:19 pm

Re: accepted for further processing in dv-2012 but worried may be ineligible
 

Originally Posted by embrake81 (Post 9499388)
I was told that the VWP doesnt reset if you enter Canada and then go back into the USA but was under the impression that as long as I didn't outstay my welcome in Canada regarding their laws I would be fine.

AFAIK, this is correct. As long as you have proof that you left the US prior to the end of the 90 days, you should be fine.



The only evidence I could think of from Canada is receipts and bank statements showing I was there, as from evidence of when I returned home i'm not too sure.
You don't need proof that you returned home. You only need proof that you departed the US in a timely manner. If you have dated receipts from Canada, that'll be sufficient.

Ian

embrake81 Jul 16th 2011 8:13 pm

Re: accepted for further processing in dv-2012 but worried may be ineligible
 

Originally Posted by ian-mstm (Post 9499441)
AFAIK, this is correct. As long as you have proof that you left the US prior to the end of the 90 days, you should be fine.



You don't need proof that you returned home. You only need proof that you departed the US in a timely manner. If you have dated receipts from Canada, that'll be sufficient.

Ian

Thanks for the clarification Ian

S Folinsky Jul 17th 2011 2:40 am

Re: accepted for further processing in dv-2012 but worried may be ineligible
 

Originally Posted by meauxna (Post 9499381)
Going to Canada is not the same as leaving the US (when visiting on the VWP). You don't say how long you were in Canada. Or where you went from there. It matters.

You may not be eligible to use the VWP in the future but it should not affect your DV application.

Collect evidence of your physical presence in Canada and clear evidence of when you returned to your home.

My dear Mona: Think about this answer.

Going into Canada is a departure. The problem comes up with a person in the United States who has had a "brief, innocent, and casual departure not meaningfully interruptive" of their stay in the United States.

An interesting topic, to be sure.

ElhamSh Jul 17th 2011 3:42 pm

Re: accepted for further processing in dv-2012 but worried may be ineligible
 
I was selected also for DV2012 visa further processing.

Just in case, do I need a AOS ?

How soon can I find a job upon arriving US? Any agency that would help DV visa owner?

Thanks
Eli

crg Jul 17th 2011 4:41 pm

Re: accepted for further processing in dv-2012 but worried may be ineligible
 

Originally Posted by ElhamSh (Post 9500930)
I was selected also for DV2012 visa further processing.

Just in case, do I need a AOS ?

How soon can I find a job upon arriving US? Any agency that would help DV visa owner?

Thanks
Eli

By AOS, do you mean adjustment of status? AOS is for people who are already in the US. People outside the US get an immigrant visa and then move in.

There is no agency that I know of that is dedicated to or involved in assisting DV winners.

Noorah101 Jul 17th 2011 5:41 pm

Re: accepted for further processing in dv-2012 but worried may be ineligible
 

Originally Posted by crg (Post 9501000)
By AOS, do you mean adjustment of status? AOS is for people who are already in the US. People outside the US get an immigrant visa and then move in.

He probably means Affidavit of Support (I-134).

Eli, some countries need to show an I-134 (for example, I know Iran does). Some don't.

Rene

Ray Jul 17th 2011 6:07 pm

Re: accepted for further processing in dv-2012 but worried may be ineligible
 

Originally Posted by ElhamSh (Post 9500930)
How soon can I find a job upon arriving US? Any agency that would help DV visa owner?
Eli

nobody helps with anything
but you get this free site
http://www.welcometousa.gov/

crg Jul 18th 2011 9:40 am

Re: accepted for further processing in dv-2012 but worried may be ineligible
 

Originally Posted by S Folinsky (Post 9499986)
The problem comes up with a person in the United States who has had a "brief, innocent, and casual departure not meaningfully interruptive" of their stay in the United States.

That's an interesting quote. Is it your understanding that Fleuti has any bearing whatsoever on a nonimmigrant departure?

ElhamSh Jul 18th 2011 1:22 pm

Re: accepted for further processing in dv-2012 but worried may be ineligible
 

Originally Posted by Noorah101 (Post 9501080)
He probably means Affidavit of Support (I-134).

Eli, some countries need to show an I-134 (for example, I know Iran does). Some don't.

Rene

Thanks Rene. In case I don 't have an AOS , how much show money is needed? Yes I am from Iran.

I have only one year job experience in Iran but requirement for DV visa is 2 yrs, shall I still write my job experience ?

I graduated from the Phil. University BSArchitecture, my docs are not authenticated, do i need to go back to Phil to have them authenticated? How about Police clearance, shall I get it personally from the Phil? I was in the country for 7 years .

Thanks for your kind advise.

Eli

Noorah101 Jul 18th 2011 4:20 pm

Re: accepted for further processing in dv-2012 but worried may be ineligible
 

Originally Posted by ElhamSh (Post 9502523)
Thanks Rene. In case I don 't have an AOS , how much show money is needed? Yes I am from Iran.

I don't know if you'll be allowed to "self sponsor" without an I-134 from someone in the USA. But if you could, you'd probably need something near the amount of $50,000, if it's just you immigrating (no spouse or kids). The problem with Iran and trying to self-sponsor using your own savings, is that there is no way to move the money from Iran to the USA.


I have only one year job experience in Iran but requirement for DV visa is 2 yrs, shall I still write my job experience ?
Yes, answer all questions honestly.


I graduated from the Phil. University BSArchitecture, my docs are not authenticated, do i need to go back to Phil to have them authenticated? How about Police clearance, shall I get it personally from the Phil? I was in the country for 7 years .
I'm not sure what you mean by Phil. Do you mean Philippines, or Philadelphia USA?

I'm not sure also what you mean by "authenticated documents". If you received a degree, and you have the original degree certificate, that should be authentic enough. If it's in a language other than English, you'll just need to get it translated.

You do not need a police certificate from the USA (if you meant Philadelphia). I don't know if a police certificate is available from Philippines (if that's what you meant), but you can check it out here: http://travel.state.gov/visa/fees/fe....html?cid=9719. Scroll down to "Police Records". I don't know if you'll be able to obtain it from within Iran.

Rene

ElhamSh Jul 18th 2011 6:33 pm

Re: accepted for further processing in dv-2012 but worried may be ineligible
 

Originally Posted by Noorah101 (Post 9502822)
I don't know if you'll be allowed to "self sponsor" without an I-134 from someone in the USA. But if you could, you'd probably need something near the amount of $50,000, if it's just you immigrating (no spouse or kids). The problem with Iran and trying to self-sponsor using your own savings, is that there is no way to move the money from Iran to the USA.


Yes, answer all questions honestly.



I'm not sure what you mean by Phil. Do you mean Philippines, or Philadelphia USA?

I'm not sure also what you mean by "authenticated documents". If you received a degree, and you have the original degree certificate, that should be authentic enough. If it's in a language other than English, you'll just need to get it translated.

You do not need a police certificate from the USA (if you meant Philadelphia). I don't know if a police certificate is available from Philippines (if that's what you meant), but you can check it out here: http://travel.state.gov/visa/fees/fe....html?cid=9719. Scroll down to "Police Records". I don't know if you'll be able to obtain it from within Iran.

Rene

Thanks again Rene.

I meant the Philippines with Phil. My original Diploma and TOR from Univ. in the Phil. should be forwarded by the Univ. to the Dept. of Education for confirmation and then they will forward it to the DFA for aunthentication.After this, I have to bring the docs. to Iran Embassy in the Phil for further authentication and this is the only time my docs are considered valid for employment abroad or in Iran.Worse thing , my university is not accredited and recognised by Iran Ministry of Educ. so the embassy is not authenticating it.All but my universiies accredited by Iran are private institution with extremely high tuition. My university is semi gov't and students usually belong to very poor family. So my 19 yrs academic earnings is in vain?

That's too much money for me to prove self sponsorship.I don't have even half of it.And yes, no way to take out foreign currency from Iran.

Sad:(
Eli

Noorah101 Jul 18th 2011 6:46 pm

Re: accepted for further processing in dv-2012 but worried may be ineligible
 

Originally Posted by ElhamSh (Post 9503087)
I meant the Philippines with Phil. My original Diploma and TOR from Univ. in the Phil. should be forwarded by the Univ. to the Dept. of Education for confirmation and then they will forward it to the DFA for aunthentication.After this, I have to bring the docs. to Iran Embassy in the Phil for further authentication and this is the only time my docs are considered valid for employment abroad or in Iran.Worse thing , my university is not accredited and recognised by Iran Ministry of Educ. so the embassy is not authenticating it.All but my universiies accredited by Iran are private institution with extremely high tuition. My university is semi gov't and students usually belong to very poor family. So my 19 yrs academic earnings is in vain?

Honestly, I really don't know how the US Embassy will view your education documents at the interview. All you can do is get them in order the best you can, and hope it's acceptable. It's not about what Iran requires, it's what the US requires.


That's too much money for me to prove self sponsorship.I don't have even half of it.And yes, no way to take out foreign currency from Iran.
Maybe I shouldn't have given you a specific dollar amount. Perhaps $25,000 will be acceptable. Again, it's all up to the ConOff at your visa interview. I still think it's a problem bringing that much money out of Iran, though, so even if you have that amount yourself, the ConOff probably knows you won't be able to bring that much money out of Iran.

Other Iranians I've known who won the DV lottery were required to submit an I-134 Affidavit of Support from someone in the USA.

Don't give up, anyway...follow through and go with everything you have, and hope for the best. Don't miss the opportunity.

khoda negahdar
Rene


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