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  1. #1
    Join Date
    Feb 2011
    Posts
    2

    Exclamation 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

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default 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.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default 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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