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babu1

Previous Asylum Claim and DV lottery

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Dear Experts,

I am from Nepal. I went USA in 2006 in F1 Visa. I got out of status in few months, Then I applied for Asylum before one year of my arrival in the USA. This means I remained out of status for more than 180 days but less than 1 year. My asylum case was pending till May 2011, but before my individual asylum hearing I left USA on my own because the situation of my home country had improved. This might have caused me to self deportation and (3-5 year ban) Now I have won DV lottery for 2018. It has been 6 years since I left the US. Will I be eligible to get the Green Card? Will I be ok with this DV lottery or should I need to apply for waiver of inadmissibility? After leaving the USA I have traveled UK, Australia and EU countries with no violations.

 

Thank  you very much for your help.

Babu

 
 

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Hopefully someone else who knows about the ban periods and stuff like that can help you with specifics of that.

 

All I can tell you from a DV perspective is: if you are in a situation where you are still under the ban - you can't apply for the waiver in advance AFAIK. You need to go for your interview, get a temporary refusal/administrative processing decision (221g), and then apply for the waiver, to overcome the 221g. Given the time constraints involved in DV, and depending when your initial interview is, such a course of action may be pretty risky because there is absolutely no guarantee you'd get the waiver before the end of the fiscal year.

 

Incidentally, the US has no interest in your immigration violations or non-violations in other countries, it is only worried about what you did in the US.

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While travel from your country to others after the US intiially is good, it doesn't exactly hold a ton of weight seeing as you had already overstayed in the US and had tried for asylum.

 

To get a better feel for your timeline I think we need more specific dates to be able to give you better idea about any potential ban.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif    

 

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DV lottery is an immigrant visa so whether you wanted to stay here or come here so bad is irrelevant.

The DV lottery is going to depend on the information you provide at the interview.

Prepare to answer questions about the overstay, the asylum application and your self-deportation.

Prepare extensive documentation to support  every action you took.

At the top of my head, I would think of:

Do you have news paper reports, article, pictures to show what was happening in your country to make your file for asylum?

Do you have proof to support this [things got better] resulting you returning home?

If you can enlist the help of a lawyer, that would be great.

Let me also add that not many folks get lottery visa so dont waste so much money on a lawyer.

 

As I stated before, be very thorough in your evidence. If you can get a copy of your travel records that would be great. Don't leave any question unanswered in your evidence for interview.

That is going to determine whether you will get the visa or not.

You have served your ban, you now have to prove why you did what you did and show that you respect our immigration laws.

Good luck!


(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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