Is it possible to still come to the USA if you win the diversity visa lottery but you had and order of removal in absentia 5 years ago? And what type of waiver will need to be filed?
Thank you in advance.
It depends on whether or not you can be successful in reopening the in absentia order, the underlying basis of the removal order and any other immigration transgressions. Very difficult case. It is unknown what waivers would be necessary and available.
Mr Eichorn is correct as usual
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I agree with my colleagues. Specific facts regarding your in absentia removal order are crucial in evaluating a motion to reopen, and other facts would be needed to discuss waiver options.
Due to the in absentia removal order, you will need to file form I-212 and supporting documents showing that your admission to the U.S. merits a favorable exercise of discretion on the part of DHS. Establishing a case for discretionary relief is a complex matter best left to a lawyer if you can retain one. Following an in absentia order, and absolute minimum of five years must pass before you can even file an I-212.
You may very well have to file form I-601(known as a waiver) to waive additional grounds of inadmissibility, which will depend on your personal history, whether you have family members who are legal permanent residents of the U.S. or U.S. citizens, the nature of their relationship (spouse, parent, child, depending on the type of waiver), whether you can establish that they will suffer extreme hardship if you are not admitted to the U.S. and merit a favorable exercise of discretion on the part of DHS (filing a waiver another complex matter best left to a lawyer.)
Daniel Green, Esq.
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