Deported and applying to DV

[drmrz93 0]

Hello,

I was deported on February 8 2011 from Atlanta, GA. I entered the US in 2003 when I was 10 years old with my family under a visa waiver (I-94) from Uruguay. I was arrested on January 12, a day after my 18th birthday, and subsequently deported on Feb. 8th. A few months after being deported I went to the consulate in Montevideo to speak to one of the consulate people, and he told me that the only way was applying for a student visa whenever I was in college (I had just finished high school when I went, now I am in college). I applied for a tourist visa on July 2013 but was denied, and was banned, supposedly, for five years (that's what said on the paper I was given by ICE). I also have my alien ID, I don't know if that is useful in any way.

What I want to know is... Should I file for an I-212? Do I automatically get disqualified from the DV Lottery? I'm actually not interested in living or migrating to the US because I have recently moved to Buenos Aires to finish college, made my life here, work, etc. But I do want to visit because I have my mom, brother and nephews living in the US. So I thought the DV lottery was a good way to start since I was denied the tourist visa.

Does anyone know of a deported person qualifying for the DV or ... entering the US after deportation?

Thank you for your help.

Edited November 23, 2014 by drmrz93

[SusieQQQ 11,584]

If you are still under a ban you will not be eligible to receive a DV visa. I'm not sure in general about any other implications of being deported.

But even if you get it a DV visa is not a tourist visa. If you use your green card just for visits it will be taken away sooner or later, and as a green card holder you are liable to file tax returns to the IRS irrespective of where you live/earn income.

Edited November 23, 2014 by SusieQQQ

[drmrz93 0]

Thanks for your answer. I'm aware that the DV lottery is not a tourist visa, a tourist visa is well ... a tourist visa. I just see it as an option where I will be able to see my family again.

[SusieQQQ 11,584]

Well, you'd need to wait till your ban is over, assuming you have no other ineligibilities. The DV rules are very specific that being selected does not overcome any visa ineligibilities, and with DV the timeframes for visa issuance are so constrained that even if you could apply for a waiver it's unlikely the process would be completed in time for successful visa issuance.

[Jawaree 717]

You should consult with a waiver atty

(LizzCannon does free consults) google her

and send an email...see the immigration ban

is 5 yrs....did u get arrested for CIMT or a

misdemeanor? U will have to keep a disposition

of your case for interview at consulate who

may find other inadmissibilities due to arrest

even if U are not convicted...No U cannot get

DV and if U were a GC holder B4 lots of hoops

to jump for 212(h)

You will have to be re-petitioned and file the waiver/s

its discretionary after U wait out the ban.

Living in the US for that long time with all that family they

wont give U a tourist visa or a D3 visa due to strong

immigrant intent *They will tell U*

You could get a work visa a long shot but the employer would

have to have their company atty do the petition, U would need

to have a degree and it would cost them a lot.

Email Lizz & ask

[Boiler 43,397]

Your chances are pretty slim anyway. You should reasonably work on the basis that they will be visiting you.

[drmrz93 0]

Thank you both for your response.

@Jammer - I was caught on a misdemeanor. So even if I file a waiver and try to do everything prior to DV, I will still not qualify? I thought of the work visa as well because I worked for US-based company in Uruguay where we had to travel for business in Texas but I was never sent. In that case, for example, I wouldn't qualify either, right? The ban was supposedly for five years which would be up next year in February. On my third year of college I can also do an exchange in a US university, for which I wouldn't qualify either in the case I want to apply because of my family living in the US?

Through my brother there is no chance of visiting? I have a friend who was in the same situation as me but she wasn't deported. She moved back to our home country where she lived for three years, applied for a tourist visa, and was approved even though she has a US citizen sister living in Miami plus her entire family. She also lied on her interview about having lived in the US, she said she never had, and was granted a tourist visa. How is this possible?

Thank you so much for taking the time to answer my questions. I will email Lizz Cannon.

[SusieQQQ 11,584]

From what I have understood, someone correct me if I'm wrong, you can't apply for a waiver in advance. You need to apply for the visa, get refused and get told you can apply for a waiver to overcome the ineligibility, and then apply for the waiver, and then go back and try again. Given the timeframes involved in DV its unlikely you would be able to complete this process in time before the end of the relevant fiscal year, possibly if you are interviewed very early but that requires you to not only be selected but to be assigned a very low case number. The probability of this is so tiny that while you can dream about it, it's hardly anything close to a practical plan.

Your friend took quite a risk, as if she had been caught lying on her visa application she would probably have been permanently banned from the US. She may yet get caught out of course.

Edited November 23, 2014 by SusieQQQ

[drmrz93 0]

But if I already got denied a tourist visa, doesn't that qualify me to apply for a I-212 waiver?

And... whether my friend took a risk and will or will not be caught in the near future, is not relevant nor of our business. It's simply what happened in her case, and two other people I know who have done this and travel regularly to the US. Doesn't apply to me but was worth mentioning.

[SusieQQQ 11,584]

But if I already got denied a tourist visa, doesn't that qualify me to apply for a I-212 waiver?

And... whether my friend took a risk and will or will not be caught in the near future, is not relevant nor of our business. It's simply what happened in her case, and two other people I know who have done this and travel regularly to the US. Doesn't apply to me but was worth mentioning.

Presumably it allows you to apply for a waiver for the same visa you got denied for, I don't know too much about waivers. Even if it can apply to another visa I thought that entry bans generally don't get overturned unless you can prove hardship to a U.S. citizen, which it really doesn't sound like you could. You do realise the chances of being selected for DV are tiny, right? Do you really want to go paying attorneys and waiver fees or whatever in the hope that you might win a lottery? I'm sure the attorney will take your money and file the waiver for you even if they think there is no chance of success judging by many posts. Edited November 23, 2014 by SusieQQQ

[drmrz93 0]

Thanks for your help.

[Boiler 43,397]

For a non immigrant visa there are 2 steps. You have to be otherwise approvable and then need an waiver to overcome whatever the particular issue is

Sounds like you failed on the first step so any ban etc is not relevant.

[jan22 2,897]

I assume the visa was denied under Section 214b...the part of the law that requires you to show sufficient reasons to return home after visiting get the US and not just because of the deportaton, right? If so, no, you cannot apply for a waiver. The waiver would apply only to the deportation, not the 214b (for which there is no waiver). For the visa officer to process a waiver for you, they are telling DHS (the agency that would have to agree to the waiver), that but for the cited ineligibility (in your case, the deportaton), the person qualifies for a visa. You didn't, so no waiver.

[drmrz93 0]

@jan22 Thank you this clears it up much better.

[Jawaree 717]

There was a misdemeanor also that led to a deportation

so the denial should show was he only denied under 214B?

not being able to show non immigrant intent, or is the charges

being looked into also even if he did no jail/prison time.

OP your friend was not deported so your situation may seem the

same but it differs...I think a NIV you could try for is a work visa

I've seen two deported ppl return on those that had minor misdemeanors

Best you ask an atty who can look at your paper-work & advise you

the arrests & deportation is what goes against you