GC lottery for illegal aliens

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Old Jul 3rd 2002, 5:20 am
  #1  
Alien
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Default GC lottery for illegal aliens

Hi, A friend of mine won the GC lottery recently, but he's been illegal here for more
than at least two years. I thought illegal people cannot get GC from the lottery. I
don't know how, but he hired a lawyer and is trying to get it. It sounds like he
doesn't have any problems through AOS in LA. Is it really impossible for him to get a
GC? Maybe his lawyer is just trying to get money from him...
 
Old Jul 3rd 2002, 5:20 am
  #2  
Joachim Feise
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Default Re: GC lottery for illegal aliens

Alien wrote:
    > Hi, A friend of mine won the GC lottery recently, but he's been illegal here for
    > more than at least two years. I thought illegal people cannot get GC from the
    > lottery. I don't know how, but he hired a lawyer and is trying to get it. It sounds
    > like he doesn't have any problems through AOS in LA. Is it really impossible for
    > him to get a GC?

Yes. You can't do AOS if you are illegal. The I-485 instructions state that very
cleary. There are some exceptions, but the only one I could see in this case
would be if he "failed to maintain his nonimmigrant status through no fault of
his own" (paraphrased from the instructions on the form). But stuff like this is
very hard to prove.

    > Maybe his lawyer is just trying to get money from him...

Probably.
 
Old Jul 3rd 2002, 7:20 am
  #3  
Ingo Pakleppa
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Default Re: GC lottery for illegal aliens

On Tue, 02 Jul 2002 21:15:21 -0700, Alien wrote:

    > Hi, A friend of mine won the GC lottery recently, but he's been illegal here for
    > more than at least two years. I thought illegal people cannot get GC from the
    > lottery. I don't know how, but he hired a lawyer and is trying to get it. It sounds
    > like he doesn't have any problems through AOS in LA. Is it really impossible for
    > him to get a GC? Maybe his lawyer is just trying to get money from him...

It depends on circumstances, but in most cases it is not possible. He might be able
to take advantage of 245(i) if somebody has filed a petition on his behalf before
April 14, 2001.

Ingo
 
Old Jul 4th 2002, 5:20 am
  #4  
James Donovan
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Posts: n/a
Default Re: GC lottery for illegal aliens

Joachim Feise <[email protected]> wrote in message
news:<[email protected]>...
    > Alien wrote:
    > > Hi, A friend of mine won the GC lottery recently, but he's been illegal here for
    > > more than at least two years. I thought illegal people cannot get GC from the
    > > lottery. I don't know how, but he hired a lawyer and is trying to get it. It
    > > sounds like he doesn't have any problems through AOS in LA. Is it really
    > > impossible for him to get a GC?
    >
    > Yes. You can't do AOS if you are illegal. The I-485 instructions state that very
    > cleary. There are some exceptions, but the only one I could see in this case would
    > be if he "failed to maintain his nonimmigrant status through no fault of his own"
    > (paraphrased from the instructions on the form). But stuff like this is very hard
    > to prove.
    >
    > > Maybe his lawyer is just trying to get money from him...
    >
    > Probably.

He probably applied during the period that 245(i) was in force.
 

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