View Full Version : I've won DV2005, but overstayed J-1 visa in the past ?

06-06-2004, 11:26 AM
Zdrastvujte, prostite za angliskij jazyk, u mine kak ta ne to c shriftami...

I've won DV2005, but overstayed J-1 (D/S) visa in the past am I still eligible ?

any experience and knowledge would be very valuable and appreciated.
currently I live in UK
I ve just won green card on the 2005 lottery, but in the pas I've overstayed my J1 visa for more than 1 year...(

That means that I will not be eligible for the green card..and banned for 10 years from entering US...

While leaving USA in 2002 I dint submit I-94 card showing and recording me leaving the country. tHAT MEANS that nobody had record on me as overstayer

I have 2 options :

1. to ly on my GC application sying that I returned on time...
hoping that they will not have my record but might ask additional proof such as airline return tickets..
anyway this option is strongly considerable as nothing to lose...except green card

2. say the truth and hope on good will of consular officer, but biggest probability would be denial as entry bar law will be in force,
(well, some people were talking about J-1 D/S unlawful presence determination which still gives a chance, but I dont know if it is realistic..)

any experience, precedents ?

06-06-2004, 11:26 AM
Doest this apply to my and any chances ?

Therefore, Exchange Visitors should be aware of the following factors (assuming, of course, that a final removal order has not been issued): 1) that a period of unauthorized residence will not necessarily prevent such a foreign national from becoming a permanent resident; 2) that J-1 Exchange Visitors holding an I-94 card endorsed as "D/S are not subject to the 3/10 year bars or to restrictions on the ability to apply for an H-1B visa through a third country such as Canada or Mexico; 3) that periods in excess of 180 days following admission spent in unlawful status, unauthorized employment, or in violation of admission could bar an Exchange Visitor from adjustment to permanent resident status although it may not preclude him/her from processing for permanent resident status through a U.S. Consulate abroad.

There's a loophole in the law that causes the 10 yr ban. If you were admitted D/S (Duration of Status) then the unlawful presence clock does not start ticking until there was a formal finding and/or notification by immigration authorities that you are out of status.

by Robert D. Aronson