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My interview is coming up! Getting nervious.

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  • My interview is coming up! Getting nervious.

    Hello everyone,

    Is it true that if a person who won a green card lottery and overstayed, but was present in the US on December 20, 2000 will have no problem of receiving a green card?

    In December 2000 I was still a student here in US.

    My interview for a green card is coming up. I will have to go home for it because I overstayed. Many people are skeptical that I won't have any problems. But in my case I was a student in US for 10 years. My I-94 has a D/D on it. Never once I changed my status to the working or a tourist visa.

    Yes I overstayed, but whould my case be deferent because I was a full time student here all these years?

    On the day of my interview would it help to have all my school/college transcripts, forms, old passports as a proof?

  • #2
    Oops, I meant D/S on my I-94.


    • #3
      What do you mean by overstay? You said you were going to school all these years, does that include present time with a valid I-20? If yes, you are still in status.

      Please explain your situation adding some details.


      • #4

        By overstay I mean that my i-94 has expired, but I'm still here in US.

        I've graduated in 2001. I was going to continue my education to get the MFA degree. Unfortunately, I've decided it a little bit too late. I should of apply to the other school almost right away then my I-20 whould of been still valid.

        I got accepted to one school, but when they found out that I'm out of status they told me to go home, get a new visa, and then come back. My I-20 wasn't valid any longer. They can issue a new one only when I get a new visa.

        Anyway, I was getting ready to go home knowing that I might never come back when I won a green card lottery. I got a lawyer who helped me to fill out all the forms and send it in. Now I have to wait till the mid-March for my interview which is going to be in my home country.

        Now, I've heard that if you overstayed you can not get a green card even if you won a gc lottery, but for the students it's a little different. At least that's what my lawyer said.


        • #5
          Not really. The only AOS that has an built in waiver for overstay is marriage based AOS. There's also the problem when you left the US, it might trigger the 10yrs ban even though you did the voluntary departure.
          I'm not aware of any special condition for those based on F1. An overstay is an overstay in the eye of USCIS, for anyone but those that are married to a USC. Never heard of the December 2000 thing either.


          • #6
            That'd be an interesting question to bring up in the lawyer chat on Monday night. You need to be there at 5:45 to send in a question. The issue of having D/S on I-94 has been discussed a good bit in regards to K-3 and even K-1. I've consulted with attorneys on that issue and the D/S could possibly keep a person from being considered an "overstay", it varies as to who is making the decision... But I've never seen discussion in regards to a lottery. They may have some helpful advice for you or they may say to go to an attorney. Usually they'll give an opinion (with reservation) and maybe a free phone call.


            • #7
              Still Learning, thank you for letting me know about the lawyer chat. I will definitely post my question there. By the way I'm in Los Angeles so 5:45 which time?

              "it varies as to who is making the decision..."

              Exactly. First of all. I'll have to proof an immigration officer that I've been a full time student here all the time without changing my status. I have no criminal record, no desease, I'll open my own LLC so I'm not taking anybody elses job. Each case is very personal and it's up to an immigration officer to make this decision.


              • #8
                The D/S might be an issue for K-3/4 visa, but I doubt it will take into play on F1. For F1 visa, the D/S is tied to whatever expected reasonable length of study as stated in the I-20. In Karina's case, the I-20 is past due, thus making her overstay.
                I think another interesting point will be what have you been doing since your graduation in 2001 up until now (2yrs frame)? If you work illegaly that would be another strike against you.

                It'll be interesting to see the lawyers take on this matter.


                • #9
                  Marmaduk, yes my situation is not that simple. That's why I hired a lawyer. He's been very optimistic about may case so far and because he has been an immigration lawyer for over 15 years I do want to believe him. But of course I have my doubts, just because of what I'm reading on this forum.

                  After I graduated I had a practical training for a year, but i never worked officialy. So EAD did not have an effect on my D/S status, and I did not accumulated unlawful presence. The only poblem is that there are some immigration officers who don't know the distinctions under the law and whould believe that I was here unlawfully present.


                  • #10
                    Just a quote from the AILA-General Counsel Liaison Meetings.

                    "An alien whose I-94 indicates "D/S" does not accrue unlawful presence time commencing when the INS initiates removal proceedings; rather, it commences form the date of an immigration judge's order that the alien is removable".


                    • #11
                      This has been discussed many times before.
                      You need to be admissiable if you're outside the U.S. and/or not deportable if you're in the U.S. to take advantage of the DVD. No "if", "but", "when" and "thoughs" as far as I'm knowing. But it's worth a try thoug I think hopeless, but if lawyer wants 10K forget about it!


                      • #12
                        "This has been discussed many times before".

                        What has been discussed many times before? I didn't see an answer concerning my particular situation. Have you read my posts above?

                        "You need to be admissiable if you're outside the U.S. and/or not deportable if you're in the U.S. to take advantage of the DVD".

                        I'm familiar with this one, but that's not what concerns me. I'm not deportable and technically I didn't accumulate unlawful presence, therefore I'm admissible.

                        As I said before what concerns me is that immigration officers might not know the fine distinctions under the law or make-up their own law, in that case I have to be prepared to show him all the proof that I have legal grounds to reenter.

                        That's why I'm wondering about the role of D/S in my case. It's better to know every detail now then later. I will post this question tomorrow in the lawyer chat. Will see what they have to say.

                        Anyway, thank you everyone for responding.