Family member won a lottery.

Old Jan 21st 2001, 9:35 am
  #1  
AV
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Friend of my is in very difficult situation. Her husband won a DV-98. He and their
daughter received they GC in embassy in their homecountry. My friend was in US at the
time. Her husband was told, that they have to come together before the end of fiscal year.
They had another interview in NY INS office, she received her A-number and was told to
wait 120 days for GC interview. they never contacted her again until this month, 2 and 1/2
years later she recieved notice of denial. They say that DV-98 is over. But she was there
before the end of fiscal year and was assured that they have a number for her. Her husband
has stamp DV-1, daughter DV-3. What is she supposed to do know? Can she file under 245-i?
 
Old Jan 29th 2001, 10:32 am
  #2  
Sylvia Ottemoeller
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AV wrote:

> Friend of my is in very difficult situation. Her husband won a DV-98. He and their
> daughter received they GC in embassy in their homecountry. My friend was in US at the
> time. Her husband was told, that they have to come together before the end of fiscal
> year. They had another interview in NY INS office, she received her A-number and was
> told to wait 120 days for GC interview. they never contacted her again until this month,
> 2 and 1/2 years later she recieved notice of denial. They say that DV-98 is over. But
> she was there before the end of fiscal year and was assured that they have a number for
> her. Her husband has stamp DV-1, daughter DV-3. What is she supposed to do know? Can she
> file under 245-i?

Because she did not obtain permanent resident status by
9/30/98, her chance at the lottery is gone. It's over. (She should have been beating down
the door of INS New York during the months of August and September 1998. But she
didn't know that. Actually, what she really should have done was to join her husband
and son at the consular interview. Any good immigration practitioner would have told
her that.)

Her husband can file a relative petition, Form I-130, to classify her in category F 2A, as
the spouse of a U.S. permanent resident. This will establish her eligibility for
245i. However, she will not be able to "use" 245i until a visa number is
available to her.

The fastest way for her to get permanent resident status is for her husband to get U.S.
citizenship.

She has a problem in that INS denied her I-485 application. She will go into deportation
proceedings. She should get a lawyer to protect her rights and assist her to be in the
best possible position when the time comes that she can immigrate. Maybe she can get some
kind of extended voluntary departure for a few years, and stay in the U.S. It has been
done before.
 

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