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Green Card Lottery Winner Who Previously Overstayed

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  • 03-05-2011, 03:10 AM
    tomleo
    Green Card Lottery Winner Who Previously Overstayed
    Hello
    You Kindly,
    I wish and I would like to know from experts about this case please:
    If some one has been overstayed in the U.S. and he left the States by him self by air,
    Later on he found that he has a 10 years bar, now he is in his home country.
    If he wins the Green Card Lottery, is he eligible?
    If not what really he should do by the U.S. law some how, any options to be eligible from not losing this golden chance?
    I really appreciate your help
    Thanks
  • 03-05-2011, 10:08 AM
    T53147
    Re: Green Card Lottery Issue
    He should serve out the ban before applying. Even marriage to a US citizen - the most privileged category for immigration - does not cancel a ban for overstay for a spouse outside the country unless there is reason for a waiver. An applicant under the diversity visa would not likely have any way to meet the standards required for a waive.

    There are consequences to overstaying.
  • 03-05-2011, 12:38 PM
    cyjeff
    Re: Green Card Lottery Issue
    A ban is a ban. It is designed to NOT be very easy to be circumvented.

    Your friend should not try the lottery until the ban has expired.
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