Waiver Visa Overstay, DV2005 Lottery

I posted this question...

Hi. I am trying to inquire from perhaps one of the immigrations lawyers that grace this board if someone who entered the USA from Australia on a waiver visa and overstayed by more than a year is eligible to enter (and win) the DV 2005 green card lottery or have they screwed their chances by overstaying the visa.

thankyou in advance

And you replied...

ta ta

posted June 27, 2003 06:27 AM
Visa waiver program is NOT a visa thus NO chance of changing to a different status.
BCIS is very unforgiving with overstaying visa waivers.
I'd try going through the consular processing in Australia if possible

What is the BCIS and what do you mean going thru the consular processing in Australia. I live in the US now, I can not leave or I would be subject to a 10 year reentry ban.

Just curious if I can solve my problems by applying for DV2005 and winning or am I ineligble ?

I posted this question...

Hi. I am trying to inquire from perhaps one of the immigrations lawyers that grace this board if someone who entered the USA from Australia on a waiver visa and overstayed by more than a year is eligible to enter (and win) the DV 2005 green card lottery or have they screwed their chances by overstaying the visa.

thankyou in advance

And you replied...

ta ta

posted June 27, 2003 06:27 AM
Visa waiver program is NOT a visa thus NO chance of changing to a different status.
BCIS is very unforgiving with overstaying visa waivers.
I'd try going through the consular processing in Australia if possible

What is the BCIS and what do you mean going thru the consular processing in Australia. I live in the US now, I can not leave or I would be subject to a 10 year reentry ban.

Just curious if I can solve my problems by applying for DV2005 and winning or am I ineligble ?

[Umesh Passi]

Yes, if you could win DV2005 Lottery, it can solve your problem or if you are single then can marry a USC also.
Good luck.

Umesh,

He overstayed for one year and he is banned for 10 years.

How come you says he is fine. Just stop giving wrong information. I am sick and tired of you people who is giving free info, most of them are just misleading.

that's true..if you overstayed yr visa that's make you illegal and therefore even if you win the dv lottery, no chance to get yr green card...I have a cousin who were in the same case...he was illegal, filed for dv lottery but he was refused since he was illegal here.