I won the DV-2005 lottery and have filled all necessary papers. My interview is scheduled on Feb 28, 2005 in my native country (But I am in USA right now). I have to explain my case to you good people so that you can advice me accordingly as I am about to make a very crucial step in my life. Here is my case:
I first came to the USA back in 1995 to visit, I went back home without violating the visa I was granted. Then I applied for F-1 Visa, and came in 1996 to study. I went to school full time non stop till I graduated in 2000. Then I went back home again, stayed for a year and applied for another F-1 Visa to pursue my masters. I acame in the USA in 2001 and joined the school for a semester and then my daughter (1 year by then) got very very sick. SHe was diagnosed with Sickle Cell Anemia. Her condition forced me to quit school to take care of her as she was in the hospital almost every 2 weeks till now as we speak. Now, having violated my status, and going home to process for the Green Card, I am very very scared. I request you to give me a sincere advice if I should go ahead in my country to process or just forfeit it? Then again, my daughter is supposed to be seen here in America every month, does this make my case a little easier?
Shantax, Did you violate your visa by not attending the classes, or you're out of status? It is different, and either way, you still have a chance if the numbers reach yours, but you'll need a lawyer.
JohnDoe and Injoy, Thanks for the input. I violated my visa by not attending the classes due to my daughter's sickness. Like I said, I do have all medical proof for my daughter, I am scheduled for an interview on Feb 28,2005 at my home country, meaning the number is available for me.
I don't understand why you have to go to your country?! If you win the lottery while living in the US you can go the interview here, a friend of mine was in the same situation and he went to the interview here in the US, the only difference is he didn't violate his visa, if your visa is still valid on your passport you still have the chance to argue. Why don't you get a consultation from a lawyer? For a $100 you'll get the bottom line, and you save your self a lot of headaches.
Thank you Injoy, I am a little bit frustrated by now as 28 Feb is around the corner, I am in a dillema whether to just forfeit the GC and stay here. What makes me more angry is, they should put these requirement when people are apllying for DV lottery. The only requirements shown there are education and work experience, that's it. Till you win that's when they bring up all these out of status stuff. I think they should say" If you are ou of Status, you do not qualify to play the DV Lottery.
Shantax, Yes you're right, but it also says that if you're out of status you can contact the USCIS office and they will tell you what to do, remeber that you're not out of status, and consulting a lawyer will save you a lot of headaches.
>I don't understand why you have to go to your >country?! If you win the lottery while living >in the US you can go the interview here, a >friend of mine was in the same
This guy probably just send the stuff back to kentucky to get "consular processing" (so he did what I should have done :-( ). The alternative is to apply in the US for Adjustment of status (I-485) based on the DV-2005 winning letter.
In your case only a lawyer can help. Don't chose your lawer random, don't get one without a recommendation.
Injoy and jens_nyc Do you know any other lawyer that I can seek more advice to. Any recomendations? you can also write me an email at shantax@hotmail.com may be we can exchange the phone numbers. I advance my thanks
Thanks guys, I have consulted 2 lawyers, both tell me that my best chance is to go home and process through the Consular. I have decided to take a risk, will leave the country on Feb 16, 2005. Will share the experience of whatever verdict. Pray for me.
Shantax I dont who the lawyers you consulted are. We have 4 clients in the same position as you. they won the DV visa and they all came to the USA with valid visas which have since expired. We applied for adjustment of status for them and They all have their work permits, completed their biomteric and are waiting for interviews. You made a mistake by applying through the consular channel. You should have paid the $100 penalty and applied for adjustment of status (I-485) because a visa # is available to you. Good luck if you go home. you may never come back.
LegalNut, Thanks for input, Please let me know how can I get to talk with you, any good help is needed very much at this point. If you can, please write me an email shantax@hotmail.com and we can exchange the numbers
@LegalNut, Would winning the DV Lottery make someone that overstayed eligible for AOS regardless of the kind of visa he/she came with to the US? I came on D visa and overstayed...
if you are out of status and win the dv lottery you can not adjust within the us. the $1000 penalty kicks in if you applied for an immigration benefit prior to expiration of 245i in april 2001, otherwise consular processing is the way to go.
Please be careful. I really think you should consult another lawyer before you go home for that interview. Two years ago I had a friend that won in the DV lottery. She had entered the country on an F-1 and dropped out of school. Later on she brought her younger brother and sister over. She met this guy, a USC and married him. Before they could even get started on the paperwork he started abusing her and she had to run away and hide with her siblings. Then she won the DV-lottery and thought things were looking up.
To make a long story longer, when she showed up at the consulate for her interview back in her home country, the agent told her no way and denied her application. And this was in the Bahamas, not a country known for huge amounts of there citizens immigrating anywhere. People usually move there. The agents at the consulate are usually very nice and polite. Almost every Bahamian citizen that shows up there is granted a multiple entry visa.
Her mother had to go over and get the brother and sister, who fortunately had multiple entry B-1 visas and had never worked.
Of course she tried to explain to the agent at the consulate that her husband was an American. She was told that she should let her husband apply for her. Of course she was in hiding from him so that was out of the question.
I don't mean to scare you becasue I really understand how important this is to you. I am praying for you that this will work out. Please, Please see another lawyer.
sunnyjohn, Thanks a million for the advice, you have a point and that's why I have requested for board members to refer me to a lawyer that I can rely on. Unfortunately, I have not received any recommendation for a specific lawyer. If you know one, please refer me so that I can make arrangements to connect with him/her.
LegalNut: You have vanished into very thin air, where are you?
Try Carl Shusterman or Siskind and Susser. I know Shusterman has had lots of luck with cases like this..... If your degree is in healthcare or nursing you may even have other options.
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