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 WON DV lottery but out of status
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Posted on 05-16-08 2:50 PM     Reply [Subscribe]
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Hi guys,

I recently won dv 2009 lottery but due to many reasons I have overstayed my visa for more than 5 years. I also have applied for canadian PR but have not heard anything from them yet.

Has anyone been in this kind of situation... I have emailed a few lawyers but most of them say its impossible to do AOS. If anyone was ever in a situation like this and had a good lawyer please email me...

Thanks


 
Posted on 05-16-08 3:08 PM     Reply [Subscribe]
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return back home and do CP, but i cant guarentee that they would not be able to track ur overstay in US. getting a lawyer is a gud thing 2 do..

 
Posted on 05-16-08 3:25 PM     Reply [Subscribe]
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it shouldnt be a problem one of my friend had the same issue... he was out of status in usa... but he was lucky to get the DV...now he is in usa and working ...was not a problem for him... consult a lawyer...

I_A_N

 
Posted on 05-16-08 3:40 PM     Reply [Subscribe]
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dv 2009 ko result aayo ra???? any links to result????
 
Posted on 05-16-08 3:49 PM     Reply [Subscribe]
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I am so glad to read all of your posts...

I am nepali... Is there anyway that you would recommend me the lawyer your friend used... i would be forever grateful... Or is there anyway your friend could contact me or visa versa...

Thanks again 


 
Posted on 05-16-08 3:49 PM     Reply [Subscribe]
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I am so glad to read all of your posts...

I am nepali... Is there anyway that you would recommend me the lawyer your friend used... i would be forever grateful... Or is there anyway your friend could contact me or visa versa...

Thanks again 


 
Posted on 05-16-08 3:50 PM     Reply [Subscribe]
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I am so glad to read all of your posts...

I am nepali... Is there anyway that you would recommend me the lawyer your friend used... i would be forever grateful... Or is there anyway your friend could contact me or visa versa...

Thanks again 


 
Posted on 05-16-08 6:31 PM     Reply [Subscribe]
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Winners outside the United States have two advantages:

  1. Winners outside the U.S. have no impediments to eligibility and
  2. They can begin the processing and submission of their forms immediately.

 

If you are in a winner in the United States:

  1. Not required to submit the forms sent with the package
  2. Pay the fee and
  3. Wait until after October 1, 2008 depending on your winning number.

 

If you are out of status:

  1. Required to be in status at the time of filing the application for adjustment of status.
  2. The problem could be solved:
    1. If you have a previous petition or a pending application for labor certification that was filed on or before April 30, 2001, you will be able to use such application to grandfather your DV Lottery application and obtain your permanent resident status by paying a penalty of $1000. In this case you will not need to depart the United States to obtain your resident status.
    2. The other alternative is if the law changes between now and October 2008 or if the §245(i) relief which allows the payment of penalty for overstaying in the United States is reinstated; winners could take advantage of such.

 

  1. If you are a winner, please consult with an attorney immediately.
  2. Do not depart the United States because you may not be able to return for the next 3 to 10 years depending on how long you have been out of status.
  3. Additionally, the adjustment of status application cannot be filed before October 1, 2008.
  4. Not all the eligible winners in the United States will be able to file the adjustment of status application on October 1, 2008. There is a priority date established yearly for the Diversity program. Some winners will have to wait until their priority date is ripe. You will be eligible to apply when the priority date is current.
  5. If you file your application for adjustment of status before your priority date is ripe, the U.S. Citizenship and Immigration Service will reject your application as being premature.

 

The Law offices of Joseph Rotimi Famuyide, Esq claims to have successfully taken care of these situations bases on the flyer. The information provided above is based on the flyer issued by www.lawyerfamuyide.com


 
Posted on 05-16-08 6:31 PM     Reply [Subscribe]
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Winners outside the United States have two advantages:

  1. Winners outside the U.S. have no impediments to eligibility and
  2. They can begin the processing and submission of their forms immediately.

 

If you are in a winner in the United States:

  1. Not required to submit the forms sent with the package
  2. Pay the fee and
  3. Wait until after October 1, 2008 depending on your winning number.

 

If you are out of status:

  1. Required to be in status at the time of filing the application for adjustment of status.
  2. The problem could be solved:
    1. If you have a previous petition or a pending application for labor certification that was filed on or before April 30, 2001, you will be able to use such application to grandfather your DV Lottery application and obtain your permanent resident status by paying a penalty of $1000. In this case you will not need to depart the United States to obtain your resident status.
    2. The other alternative is if the law changes between now and October 2008 or if the §245(i) relief which allows the payment of penalty for overstaying in the United States is reinstated; winners could take advantage of such.

 

  1. If you are a winner, please consult with an attorney immediately.
  2. Do not depart the United States because you may not be able to return for the next 3 to 10 years depending on how long you have been out of status.
  3. Additionally, the adjustment of status application cannot be filed before October 1, 2008.
  4. Not all the eligible winners in the United States will be able to file the adjustment of status application on October 1, 2008. There is a priority date established yearly for the Diversity program. Some winners will have to wait until their priority date is ripe. You will be eligible to apply when the priority date is current.
  5. If you file your application for adjustment of status before your priority date is ripe, the U.S. Citizenship and Immigration Service will reject your application as being premature.

 

The Law offices of Joseph Rotimi Famuyide, Esq claims to have successfully taken care of these situations based on the flyer. The information provided above is based on the flyer issued by www.lawyerfamuyide.com


 
Posted on 05-16-08 10:02 PM     Reply [Subscribe]
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 Mr.Giri,

I will definietly email the lawyer you recommended. Thank you so much for your input.... I really appreciate it.


 
Posted on 05-16-08 10:28 PM     Reply [Subscribe]
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it depends on whether ur student "out of status" or other visa "out of status". which one are u ?

 
Posted on 05-16-08 11:44 PM     Reply [Subscribe]
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My case is realated to F1 visa overstay.


 


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