Out of status and winning DV lottery

[Brother Hesekiel 2,236]

He is not eligible for AOS based on his unlawful presence in the U.S. There is no waiver for being not eligible.

[Boiler 46,116]

There is a waiver.

I 601

[Harsh_77 718]

not eligible for I601 unless married to USC - which I am guess is not a case or would have not applied for lottery.

Anyone who had accumulated 180 days of illegal prescene would not be eligble for I601.

I601 would have to be completed by a USC, in this case there is no USC.

[Boiler 46,116]

I do not know his matital status.

And it is not just a wife, qualifying relative. Parent.

[Harsh_77 718]

I do not know his matital status.

And it is not just a wife, qualifying relative. Parent.

Yes that can happen if the parents are USC....

[swisstourist 0]

If you leave USA and don't give baca k i94, there is Noway to know when you left.all these people saying you are ban 10 years talk Bullock because only a judge can ban you.

[NigeriaorBust 4,087]

If you leave USA and don't give baca k i94, there is Noway to know when you left.all these people saying you are ban 10 years talk Bullock because only a judge can ban you.

Airlines are required to share their data with immigration. Someone got denied because the airlines gave the return ticket they bought for cost to someone else but didn't fix their manefest.

[swisstourist 0]

So you think airline is going to and send to inn judge.give name of passengers to custom and custom will check for the millions of people if they did nt extend their visa illegaly.?i doubt...

All u have to stay is you have not your i-94 because you extend visa.ban is triggered only if they catch u in the country

[NigeriaorBust 4,087]

The ban is triggered by leaving the country. Once he leaves the ban is triggered. When he has his interview they will ask about his time in the US. It is up to him to show them when he arrived and when he left. In the situation of an interview the person seeking a visa is the one with the burden of proof. What is he going to use to board the plane, his passport , which will be stamped with the exit date. You should stop trying to blow fairy dust at this persons hopes.

[Boiler 46,116]

So you think airline is going to and send to inn judge.give name of passengers to custom and custom will check for the millions of people if they did nt extend their visa illegaly.?i doubt...

All u have to stay is you have not your i-94 because you extend visa.ban is triggered only if they catch u in the country

Difficult to understand but me thinks you are talking out of your bottom.

[Penguin_ie 5,996]

***** One post removed for advocating illegal action, which is a violation of the TOS (as well as very bad advice!). *****

[Kathryn41 3,205]

He would be required, as part of the process, to complete a biographical form which lists all of his addresses over the past xxx years. This information, along with his fingerprints from the biometrics, is used by the FBI to validate the information presented and to ensure that there is no criminal past that has not been disclosed. Committing information known to be fraudulent in writing is sufficient to allow a finding of misrepresentation - lying to gain an immigration benefit by hiding a material fact that would affect the decision. Misrepresentation of this nature is easily discovered and is rewarded with a life time ban on ever being allowed to enter the US again.

Your friend is not eligible to adjust status from within the US as he is out of status even though he entered legally. Once he leaves the US, his departure will trigger a 10 year ban on re-entry. It does not appear that he has anyone who is eligible to apply for a waiver of this ban, so unfortunately, it looks like he is not going to be able to benefit from winning the Diversity lottery.

[Brother Hesekiel 2,236]

I was in the same situation in 2004 when I got lucky and was picked as a lottery winner.

I can assure you that I initially tried to find a loophole myself to pull this off. I contemplated driving to Canada or Mexico (when that was still very easy to do) and from there flying home to Europe and attending my interview there, like I had been in Europe all along, but after consulting an immigration attorney I learned that I not only had left a trace of being present in the U.S., starting with my SSN and driver's licenses and paying taxes and getting a speeding ticket and studying, etc. but that I would have to give the biographic information Kathyryn mentioned above. There is just no way that somebody who is out of status will be able to pull this off. Be assured, you will have left a trace of being present in the U.S., and the FBI will find it, guaranteed.

Edited November 8, 2011 by Brother Hesekiel

[Ban Hammer 13,551]

one member thread banned and admin actioned for continuing despite a previous warning from a mod.