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difficult sittuation , need answers !

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fairyland
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Posts: 3
Joined: Mon Jul 18, 2005 3:42 pm

difficult sittuation , need answers !

Post by fairyland » Mon Jul 18, 2005 3:53 pm

Hello, I have been browsing this forum before and decided to post.
I have overstayed for over 3 years on both visitors, and R L2 visa. I am a still bit confused about the visa differences. Anyways, I an considering to go back to my home coutry, but I am under 18. How is the 10 year ban process go? Will it affect my parent? Also during the 10 year ban, If any of my family are lucky enought to win the DV lottery during the ban, will that person be able to recieve it??
Thanks You for reading, and hope someone can reply.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Mon Jul 18, 2005 4:23 pm

1. Minors are exempt from the 3 and 10yr overstay bans (only whilst they are minors).

2. What is the date on your last issued I-94?

3. A person out of status may not adjust to an immigrant visa - DV win impact.

4. A person banned may not enter the US until the specified time period has passed - DV win impact.

5. Peharps given your resourcefullness in finding this site and posting quite a set of coherent queries you may advise/ inform your parents to go see an immigration attorney like today.

fairyland
Newly Registered
Posts: 3
Joined: Mon Jul 18, 2005 3:42 pm

Post by fairyland » Mon Jul 18, 2005 8:53 pm

Thank you very much for your reply.

1. This means only minors will not recieve the ban? , so a minor can leave the country withought a parent?

2. The Date is May 31st 2002

3.+4. A person who is banned can not go furture with the dv visa process even if they've won?

5. Yes, I understand, Thank you for your information!

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue Jul 19, 2005 9:43 am

1. Yes. However there may be logistical issues in your home country. Can you manage without your parents?

2. You are definitley out of status. Your parents if they depart the US must not return for 10 years. You are exempt from the bans but need to depart the US before age 18 yrs. If they decide to remain in the US they risk deportation when apprehended. You will also find it next to impossible to enter the US in a non immigrant category given that your parents are in the US and are illegal.

3/4. Correct. Even if they are able to get a DV Lottery visa number they may not use it to adjust status in the US or aply for an immigrant visa at a US consulate outside the US. Presumably if you are a dependent on the DV lottery you likewise may not get a derivative DV visa since the principal applicant is not eligible for an immigrant visa due to the overstay and bans. You may apply for DV on your own but may find it difficult to meet the education and financial resources requirement based on your age. A further point is that some nationalities based on place of birth are exempt from the DV. Where were you born and what is your nationality? Where were your parents born and what are their nationalities?

5. No worries but get a move on with this one. Immigration (especially US)is one area you never take a risk with.

fairyland
Newly Registered
Posts: 3
Joined: Mon Jul 18, 2005 3:42 pm

Post by fairyland » Tue Jul 19, 2005 3:14 pm

Thank you very much for your information!

The only concern for me now is , how the departing process go due to my overstay. Will they stop me , or quetion me in any form?
The only way for my parents to get DV is after the 10-year ban?
Also Is there any way to get any visa during the ban?

Thank you again for your information.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue Jul 19, 2005 5:21 pm

The only concern for me now is , how the departing process go due to my overstay. Will they stop me , or quetion me in any form?
Airline collects your I-94 which they forward on to USCIS.
The only way for my parents to get DV is after the 10-year ban?
Yes if the scheme is still available, they are eligible and succeed in being selected.
Also Is there any way to get any visa during the ban?
No unless a waiver is obtained on grounds that the persons absence causes exceptional hardship to their US citizen spouse or minor child.

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