GUEST1

Hi fellows.

Thanks for helping people. Keep up the good work. I have a question for a friend, who was in usa with visit visa in 95, He won DV lottery with a name and date of birth other than his real name and date of birth. Then he applied for AOS inside US, got EAD card but in final interview he was refused AOS. he got a letter from INS to leave the country and he did left USA in 96.

Now can he get his H1 visa under his real name?? any suggestion would be very helpful.

thanks a lot.

Dan

Well... it somewhat depends on what he put on his AOS application: his real
or assumed name? if he applied using his real name, one may argue the
lottery part was immaterial because it could not have been used anyway.
Otherwise, he can be determined to have committed fraud, the lottery result
being material to his eligibility to adjust status, which would render him
inadmissible for life. This is a matter for a very good imm. lawyer. Sounds
like a long shot to me, though.

Under some circumstances, he can apply for a waiver that would allow him to
be admitted temporarily as a nonimigrant.


--this is not legal advice

"GUEST1" wrote in message
news:[email protected]...
    > Hi fellows.
    > Thanks for helping people. Keep up the good work. I have a question for
    > a friend, who was in usa with visit visa in 95, He won DV lottery with a
    > name and date of birth other than his real name and date of birth. Then
    > he applied for AOS inside US, got EAD card but in final interview he was
    > refused AOS. he got a letter from INS to leave the country and he did
    > left USA in 96.
    > Now can he get his H1 visa under his real name?? any suggestion would be
    > very helpful.
    > thanks a lot.
    > --
    > Posted via http://britishexpats.com