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  • DV-2005 PROCESSING

    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?

  • #2
    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?

    Comment


    • #3
      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.

      Comment


      • #4
        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.

        Comment


        • #5
          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.

          Good luck

          Comment


          • #6
            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.

            Comment


            • #7
              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.

              Comment


              • #8
                >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.

                Comment


                • #9
                  That's what he did.

                  Comment


                  • #10
                    I have consulted a lawyer and he says my chances are better if I go back home. I guess that's the only option I have now. Thank you guys for the help.

                    Comment


                    • #11
                      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

                      Comment


                      • #12
                        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.

                        Comment


                        • #13
                          Has the result already come out for DV-05( the one that just ended Jan7th?)

                          Comment


                          • #14
                            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.

                            Comment


                            • #15
                              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

                              Comment

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