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Aymanovich

DV VISA Winner previously deported

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Hello Dears ,

I'm gonna try to be as clear as possible :

I've been randomly slected for further processing for the DV-2016 ( I have to wait for a visa number to be ready so I can be interviwed)

I was deported from the US back on 11/2004 for an over stay ( one year) and I got a 10 year bar ( that is already over by now )

I was on the US on a student VISA ( F1) so I failed to register in two semesters in row what made me out of status wich lead me to the over stay , I have no ciriminal charges , I've never been connvicted , I have a clean record except for my over stay .

My Fiancee already lives in the US and we were about to start the process for the K1 visa that we postponed for now since I won the DV lottery .

My question is :

Do I have any chances to be approved the VISA after consular interview ??

If not am I gonna have a chance to file a waiver ( in my case it seems to be the I-212) to over come the refusal ?

Thanks for reading my post and happy day to everyone.

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Since you were deported, you will likely need an I-212 waiver for permission to re-enter, as you say.


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I can't comment specifically about the waiver but something you need to bear in mind that to be issued a DV visa, it must be completed before the end of the fiscal year. If I understand correctly the process is that you have your interview, you get denied but can waiver then file the waiver, come back and get your visa. But if you have your initial interview late in the fiscal year, you may not have time for this - if the process goes on beyond 30 September 2016, you lose the chance for a DV visa.

Your interview will be scheduled according to when your case number is. May I ask what your case number is - leave out the last 3 digits (eg format of EU12xxx if the number is EU12345).

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IMHO - A U.S. spouse is way better than the DV lottery.

The spouse of a USC is offered more protection and exceptions from the rules than a foreigner applying on his own.

I would go the spousal route. This also frees up a spot in the DV for someone else.

I would disagree entirely. As a DV based green card holder, you have an unconditional green card the moment you set foot in the country. You don't get that going the spousal route, and this forum (other threads) is full of people who are being held 'hostage' in some way by their spouses as a result or feel trapped in unhappy relationships because they haven't removed conditions yet and don't want to lose their green cards. DV is also - usually - a faster, cheaper and easier route. High school diploma? No criminal record? There, you're done.

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I would disagree entirely. As a DV based green card holder, you have an unconditional green card the moment you set foot in the country. You don't get that going the spousal route, and this forum (other threads) is full of people who are being held 'hostage' in some way by their spouses as a result or feel trapped in unhappy relationships because they haven't removed conditions yet and don't want to lose their green cards. DV is also - usually - a faster, cheaper and easier route. High school diploma? No criminal record? There, you're done.

Hello Susie , Hello All ,

Thanks for the reply that every one is sending.

You asked me about my case number >> My case is AF00035xxx

Well as the time frame I m keeping my hopes up but in case the time frame doesn-t help then my fiancee will have no other choice but to move back to europe where I live.

Best regards

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Hello Susie , Hello All ,

Thanks for the reply that every one is sending.

You asked me about my case number >> My case is AF00035xxx

Well as the time frame I m keeping my hopes up but in case the time frame doesn-t help then my fiancee will have no other choice but to move back to europe where I live.

Best regards

Ah, AF - I got confused as you have a Spanish flag!

Well, judging by this year (always a guess though) you might only get your interview in July 2016, and even later if you are Egyptian or Ethiopian - which doesn't give you much time at all to get a waiver sorted before fiscal year end of September 2016. Taking that into consideration, I'd suggest proceeding with K1 and keeping DV as a back up option.

Edited by SusieQQQ

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What waiver?



The Five-Year Ban: If you were summarily removed or deported upon arrival at a U.S. port of entry because you were found inadmissible, or if you were removed or deported after having been placed in removal proceedings upon arrival in the U.S., you may be ineligible to return to the U.S. for five years.


The Ten-Year Ban: If an IJ issued a removal order at the conclusion of your removal hearing in Immigration Court (even if you did not attend these proceedings) you may not be able to return for ten years.


The Twenty-Year Ban: Although you can be permanently banned from entering the U.S. if you are deported and attempt to reenter the U.S. prior to the expiration of the ten-year ban, it is possible that an IJ could add an additional ten years to your original ten-year ban. As a result, the issuance of multiple removal orders can often result in a 20-year prohibition from entering the United States.


The Permanent Ban: If you were convicted of an aggravated felony, entered without permission after being removed, or reentered the U.S. after having previously been in the U.S. unlawfully for more than one year, you may be permanently barred from entering the United States.



“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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Ah, AF - I got confused as you have a Spanish flag!

Well, judging by this year (always a guess though) you might only get your interview in July 2016, and even later if you are Egyptian or Ethiopian - which doesn't give you much time at all to get a waiver sorted before fiscal year end of September 2016. Taking that into consideration, I'd suggest proceeding with K1 and keeping DV as a back up option.

Hey Susie ,

AF because we apply on the dv lottery based on the contry of birth wich is in AFrica but I live in Spain .

My question is clear : My 10 year BAR is already over

I have been deported only once and more then 10 years ago .

I downloaded the I-212 File and there is nothing that fit my situation , it seems that I don't have to file nothing ( it's like if have no ban to wave ) and that where I'm getting confused .

if you could suggest any lawyer , I'm taking the advice .

and thanks in advance

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Hey Susie ,

AF because we apply on the dv lottery based on the contry of birth wich is in AFrica but I live in Spain .

My question is clear : My 10 year BAR is already over

I have been deported only once and more then 10 years ago .

I downloaded the I-212 File and there is nothing that fit my situation , it seems that I don't have to file nothing ( it's like if have no ban to wave ) and that where I'm getting confused .

if you could suggest any lawyer , I'm taking the advice .

and thanks in advance

Understood re the AF number.

As I said above, I know nothing about bans and waivers. I can only give you info on how the DV process works!

Boiler's post implies you don't need a waiver as your ban period is over. Before paying a lawyer maybe ask the question about bans in a different part of the forum about that - I am sure you will get confirmation of what needs to be done (or that you don't need to do anything).

If there is no waiver needed, still bear in mind it's more than a year probably till you will interview, so you may decide K1 will be faster (I'm not sure if it is, there will be other forums on that). DV will certainly be easier, I think cheaper and give you an unconditional green card, so that is also something to consider.

Edited by SusieQQQ

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