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**limpo** · 09-03-2006, 08:30 PM

Hello, I came here on a B1/B2 Visa in march of 2002. Was given 6 mths, applied for an extension of stay for a year, could not fulfill the conditions and the case was abondand. I won the 2007 lottery and consulted an Attorney who told me I should go ahead and apply here for Adjustment of Status to LPR based on the Lottery. According to sec 245 I may be eligible to adjust to LPR but I'll have to pay a penalty of $1000.00 apart from the other ins fees.

Can anyone please advise, will I be granted adjustment to LPR? pLEASE ADVISE?

**Ramalotti** · 09-03-2006, 10:00 PM

I'm not sure but if you won the lottery you should be able to adjust your status and yes you will have to pay the $1000 penalty plus all the applicable fees.

**aneri** · 09-04-2006, 08:29 AM

Limpo, my understanding of the rules for AOS is different than Ramalotti's.

You can't adjust status in the US since you are an overstay (and probably working illegaly). That's not forgiven to Lottery winners.

Was there an I-130 filed on your behalf before April 31, 2001? If not, you can't benefit from sec 245(i) either.

Consult a different Attorney.

**limpo** · 09-04-2006, 03:05 PM

Thanks for the advice. Why I askl is that, I know someone whop was in the same situation as I'am and was allowed to adjust to LPR. I ahve no prior criminal record and have not worked illegally for any entity.

**aneri** · 09-05-2006, 12:22 PM

Limpo, you are in the US, aren't you?

if you can, have a chat with that person who overstayed (that's how I interpreted your current situation) and was able to adjust status. See what's different in your situations. Did that person pay $1000 fine?

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