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malvika

Out of status and winning DV lottery

By malvika in Diversity Lottery Visas

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malvika Proficient

malvika   1

Posted
Filed: IR-1/CR-1 Visa Country: Nepal
 Timeline
Posted

Hello Folks,

One of my friend who is living in US out of status won the DV lottery this year. He came to US in B1/B2 visa 12 or some years ago and living here since then with an expired visa. Now what happens to his DV lottery?

1. Will his DV application be approved or denied?

2. Does he have to go back to his country to do consular processing or he can also do AOS from here?

Your feedback will be highly appreciated. Is there anyone who went through the similar/same situation in the past?

Thanks

My NVC Journey

10/12/10 –NVC received the file

10/15/10 -NVC case # generated

10/18/10 -Called NVC and gave both beneficiary and petitioner email addresses

10/19/10 - Beneficiary emailed DS-3032 to NVC and also mailed the hard copy

10/26/10 - Called NVC and got the IIN

10/26/10 - Paid AOS fee $ 88.00

10/27/10 - AOS fee status shows "PAID"

10/27/10 - AOS package expressed mailed (next day delivery)

10/30/10 - IV fee bill generated and paid immediately

10/30/10 - Received AOS fee bill and DS-3032 kit and also received the confirmation of receipt of DS-3032

11/04/10 - IV fee bill status shown as "paid"

11/04/10 - Sent IV package (next day delivery)

11/06/10 - Received IV instructions packet (packet 3) via email

11/08/10 - AOS entered into NVC system

11/16/10 - AOS was reviewed and OK'ed

11/18/10 - IV entered into NVC system

11/24/10 - IV package was reviewed and generated artificial RFE for missing photographs (which was actually submitted with the package)

11/26/10 - RFE response mailed out

11/29/10 - RFE response delivered to NVC

12/08/10 - RFE response entered into NVC system

12/15/10 - SIF :)

12/15/10 - Case Complete :)

01/03/11 - Interview date assigned for Feb 15 @ 1:30 PM

01/17/11 - Medical done ! Passed

01/25/11 - Re-scheduled the interview for Feb 1 @ 1:00 PM

02/01/11 - Interview @ 1:00 PM - Approved :)

02/03/11 - Visa picked up from USEM

02/12/11 - POE @ JFK

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aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

Hello Folks,

One of my friend who is living in US out of status won the DV lottery this year. He came to US in B1/B2 visa 12 or some years ago and living here since then with an expired visa. Now what happens to his DV lottery?

1. Will his DV application be approved or denied?

2. Does he have to go back to his country to do consular processing or he can also do AOS from here?

Your feedback will be highly appreciated. Is there anyone who went through the similar/same situation in the past?

Thanks

people who are out of status aren't elegible for the GC, he will be denied if he continues the process.

just like many immigration petitions and visas, the person has to have legal status to adjust in country.

the DV lottery is really for people waiting in their country and once they are granted a visa, to como to live to the US. if you file in the US, you must have legal status at all times.

if he leaves, he will trigger the 10 year ban.

it would be a waste of time and money and it could trigger a deportation order.

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Boiler Grand Master

Boiler   43,543

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

He would have to go though his Consulate.

Does he have a qualifying relative for the waiver?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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malvika Proficient

malvika   1

Posted
Filed: IR-1/CR-1 Visa Country: Nepal
 Timeline
  • Author
Posted

people who are out of status aren't elegible for the GC, he will be denied if he continues the process.

just like many immigration petitions and visas, the person has to have legal status to adjust in country.

the DV lottery is really for people waiting in their country and once they are granted a visa, to como to live to the US. if you file in the US, you must have legal status at all times.

if he leaves, he will trigger the 10 year ban.

it would be a waste of time and money and it could trigger a deportation order.

Thanks for the info aleful.

My NVC Journey

10/12/10 –NVC received the file

10/15/10 -NVC case # generated

10/18/10 -Called NVC and gave both beneficiary and petitioner email addresses

10/19/10 - Beneficiary emailed DS-3032 to NVC and also mailed the hard copy

10/26/10 - Called NVC and got the IIN

10/26/10 - Paid AOS fee $ 88.00

10/27/10 - AOS fee status shows "PAID"

10/27/10 - AOS package expressed mailed (next day delivery)

10/30/10 - IV fee bill generated and paid immediately

10/30/10 - Received AOS fee bill and DS-3032 kit and also received the confirmation of receipt of DS-3032

11/04/10 - IV fee bill status shown as "paid"

11/04/10 - Sent IV package (next day delivery)

11/06/10 - Received IV instructions packet (packet 3) via email

11/08/10 - AOS entered into NVC system

11/16/10 - AOS was reviewed and OK'ed

11/18/10 - IV entered into NVC system

11/24/10 - IV package was reviewed and generated artificial RFE for missing photographs (which was actually submitted with the package)

11/26/10 - RFE response mailed out

11/29/10 - RFE response delivered to NVC

12/08/10 - RFE response entered into NVC system

12/15/10 - SIF :)

12/15/10 - Case Complete :)

01/03/11 - Interview date assigned for Feb 15 @ 1:30 PM

01/17/11 - Medical done ! Passed

01/25/11 - Re-scheduled the interview for Feb 1 @ 1:00 PM

02/01/11 - Interview @ 1:00 PM - Approved :)

02/03/11 - Visa picked up from USEM

02/12/11 - POE @ JFK

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malvika Proficient

malvika   1

Posted
Filed: IR-1/CR-1 Visa Country: Nepal
 Timeline
  • Author
Posted

He would have to go though his Consulate.

Does he have a qualifying relative for the waiver?

Boiler, I appreciate your quick response.

What are his chance of getting approval if he goes through his consulate?

When you say qualifying relative for the waiver what are the requirements? Does anybody within his relative has to file for his waiver? or how does it work? Please suggest.

My NVC Journey

10/12/10 –NVC received the file

10/15/10 -NVC case # generated

10/18/10 -Called NVC and gave both beneficiary and petitioner email addresses

10/19/10 - Beneficiary emailed DS-3032 to NVC and also mailed the hard copy

10/26/10 - Called NVC and got the IIN

10/26/10 - Paid AOS fee $ 88.00

10/27/10 - AOS fee status shows "PAID"

10/27/10 - AOS package expressed mailed (next day delivery)

10/30/10 - IV fee bill generated and paid immediately

10/30/10 - Received AOS fee bill and DS-3032 kit and also received the confirmation of receipt of DS-3032

11/04/10 - IV fee bill status shown as "paid"

11/04/10 - Sent IV package (next day delivery)

11/06/10 - Received IV instructions packet (packet 3) via email

11/08/10 - AOS entered into NVC system

11/16/10 - AOS was reviewed and OK'ed

11/18/10 - IV entered into NVC system

11/24/10 - IV package was reviewed and generated artificial RFE for missing photographs (which was actually submitted with the package)

11/26/10 - RFE response mailed out

11/29/10 - RFE response delivered to NVC

12/08/10 - RFE response entered into NVC system

12/15/10 - SIF :)

12/15/10 - Case Complete :)

01/03/11 - Interview date assigned for Feb 15 @ 1:30 PM

01/17/11 - Medical done ! Passed

01/25/11 - Re-scheduled the interview for Feb 1 @ 1:00 PM

02/01/11 - Interview @ 1:00 PM - Approved :)

02/03/11 - Visa picked up from USEM

02/12/11 - POE @ JFK

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belinda63 Experienced

belinda63   2,981

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

Suggest you PM Bob as he was in this situation but the answer is...he would have to leave the country for consular processing at which time he would incur a 10 year ban for which he does not qualify for a waiver.

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Boiler Grand Master

Boiler   43,543

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Spouse of a Parent

They draw more than they award so it would just go on down the line.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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malvika Proficient

malvika   1

Posted
Filed: IR-1/CR-1 Visa Country: Nepal
 Timeline
  • Author
Posted

Suggest you PM Bob as he was in this situation but the answer is...he would have to leave the country for consular processing at which time he would incur a 10 year ban for which he does not qualify for a waiver.

OMG that's terrible. But thanks for your input.

I don't get why people apply for DV knowing they are out of status. Not only is waste of time but also waste of someone else's opportunity to be granted stay in the US.

I see what you exactly saying but everybody wants to take a chance regardless of what the outcome be.

Spouse of a Parent

They draw more than they award so it would just go on down the line.

Spouse of a parent? wacko.gif

My NVC Journey

10/12/10 –NVC received the file

10/15/10 -NVC case # generated

10/18/10 -Called NVC and gave both beneficiary and petitioner email addresses

10/19/10 - Beneficiary emailed DS-3032 to NVC and also mailed the hard copy

10/26/10 - Called NVC and got the IIN

10/26/10 - Paid AOS fee $ 88.00

10/27/10 - AOS fee status shows "PAID"

10/27/10 - AOS package expressed mailed (next day delivery)

10/30/10 - IV fee bill generated and paid immediately

10/30/10 - Received AOS fee bill and DS-3032 kit and also received the confirmation of receipt of DS-3032

11/04/10 - IV fee bill status shown as "paid"

11/04/10 - Sent IV package (next day delivery)

11/06/10 - Received IV instructions packet (packet 3) via email

11/08/10 - AOS entered into NVC system

11/16/10 - AOS was reviewed and OK'ed

11/18/10 - IV entered into NVC system

11/24/10 - IV package was reviewed and generated artificial RFE for missing photographs (which was actually submitted with the package)

11/26/10 - RFE response mailed out

11/29/10 - RFE response delivered to NVC

12/08/10 - RFE response entered into NVC system

12/15/10 - SIF :)

12/15/10 - Case Complete :)

01/03/11 - Interview date assigned for Feb 15 @ 1:30 PM

01/17/11 - Medical done ! Passed

01/25/11 - Re-scheduled the interview for Feb 1 @ 1:00 PM

02/01/11 - Interview @ 1:00 PM - Approved :)

02/03/11 - Visa picked up from USEM

02/12/11 - POE @ JFK

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Boiler Grand Master

Boiler   43,543

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Sorry OR

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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malvika Proficient

malvika   1

Posted
Filed: IR-1/CR-1 Visa Country: Nepal
 Timeline
  • Author
Posted

Sorry OR

You mean he has to have either his spouse or parents filling waiver for him? and they have to be US citizen? right?

My NVC Journey

10/12/10 –NVC received the file

10/15/10 -NVC case # generated

10/18/10 -Called NVC and gave both beneficiary and petitioner email addresses

10/19/10 - Beneficiary emailed DS-3032 to NVC and also mailed the hard copy

10/26/10 - Called NVC and got the IIN

10/26/10 - Paid AOS fee $ 88.00

10/27/10 - AOS fee status shows "PAID"

10/27/10 - AOS package expressed mailed (next day delivery)

10/30/10 - IV fee bill generated and paid immediately

10/30/10 - Received AOS fee bill and DS-3032 kit and also received the confirmation of receipt of DS-3032

11/04/10 - IV fee bill status shown as "paid"

11/04/10 - Sent IV package (next day delivery)

11/06/10 - Received IV instructions packet (packet 3) via email

11/08/10 - AOS entered into NVC system

11/16/10 - AOS was reviewed and OK'ed

11/18/10 - IV entered into NVC system

11/24/10 - IV package was reviewed and generated artificial RFE for missing photographs (which was actually submitted with the package)

11/26/10 - RFE response mailed out

11/29/10 - RFE response delivered to NVC

12/08/10 - RFE response entered into NVC system

12/15/10 - SIF :)

12/15/10 - Case Complete :)

01/03/11 - Interview date assigned for Feb 15 @ 1:30 PM

01/17/11 - Medical done ! Passed

01/25/11 - Re-scheduled the interview for Feb 1 @ 1:00 PM

02/01/11 - Interview @ 1:00 PM - Approved :)

02/03/11 - Visa picked up from USEM

02/12/11 - POE @ JFK

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Boiler Grand Master

Boiler   43,543

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Could be PR's. but that would be harder.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
Posted

I, personally, was in the same situation.

If your friend is out of status, he cannot adjust status to that of a resident. He would have to leave and return to his home country for consular processing. The moment he leaves the US, he will trigger the 10-year bar.

Dream over.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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malvika Proficient

malvika   1

Posted
Filed: IR-1/CR-1 Visa Country: Nepal
 Timeline
  • Author
Posted

I, personally, was in the same situation.

If your friend is out of status, he cannot adjust status to that of a resident. He would have to leave and return to his home country for consular processing. The moment he leaves the US, he will trigger the 10-year bar.

Dream over.

Thanks for your input Just Bob, Boiler and all.

Just Bob, is there anyway to work around in order to lift that 10 year bar? Does the waiver help in that situation? If yes, who can file a waiver for him? Your feedback will be highly appreciated !

My NVC Journey

10/12/10 –NVC received the file

10/15/10 -NVC case # generated

10/18/10 -Called NVC and gave both beneficiary and petitioner email addresses

10/19/10 - Beneficiary emailed DS-3032 to NVC and also mailed the hard copy

10/26/10 - Called NVC and got the IIN

10/26/10 - Paid AOS fee $ 88.00

10/27/10 - AOS fee status shows "PAID"

10/27/10 - AOS package expressed mailed (next day delivery)

10/30/10 - IV fee bill generated and paid immediately

10/30/10 - Received AOS fee bill and DS-3032 kit and also received the confirmation of receipt of DS-3032

11/04/10 - IV fee bill status shown as "paid"

11/04/10 - Sent IV package (next day delivery)

11/06/10 - Received IV instructions packet (packet 3) via email

11/08/10 - AOS entered into NVC system

11/16/10 - AOS was reviewed and OK'ed

11/18/10 - IV entered into NVC system

11/24/10 - IV package was reviewed and generated artificial RFE for missing photographs (which was actually submitted with the package)

11/26/10 - RFE response mailed out

11/29/10 - RFE response delivered to NVC

12/08/10 - RFE response entered into NVC system

12/15/10 - SIF :)

12/15/10 - Case Complete :)

01/03/11 - Interview date assigned for Feb 15 @ 1:30 PM

01/17/11 - Medical done ! Passed

01/25/11 - Re-scheduled the interview for Feb 1 @ 1:00 PM

02/01/11 - Interview @ 1:00 PM - Approved :)

02/03/11 - Visa picked up from USEM

02/12/11 - POE @ JFK

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Boiler Grand Master

Boiler   43,543

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Spouse or a Parent

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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