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Diversity visa lottery win and an order of removal.

Eure, NC |

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.

Attorney Answers 4

Posted

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.

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Posted

Mr Eichorn is correct as usual

Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/

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Posted

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.

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Posted

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.)

-Dan

Daniel Green, Esq.
www.hudsonvalleyimmigrationlaw.com
lawyer@hudsonvalleyimmigrationlaw.com
Location: 684 Aaron Court, Kingston, NY
Mailing Address: PO Box 3238, Kingston, NY 12402
Tel: 347-245-7078/845-853-7302

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1 comment

Daniel E. Green

Daniel E. Green

Posted

In my answer I assumed that you are not presently in the U.S, and my analysis is based on that.

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