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Iam an undocumented student but selected for the DV lottery visa. Iam supposed to set an apointment with USCIS, i need advice!!

Harrisburg, PA |

I came to US through F1 sudent visa in fall 2010. After a semester my school could not allow me to come back without paying full tution. I could not go back to school because i did not have enough money for tution and they held my (i)20. I dropped school for one semester and got accepted to another school as undocumented student. I applied and got accepted for Dv lottery 2013. I am at the stage of making an appointment with USCIS to see if I am eligible. My biggest question is should i go?,Iam afraid of getting deported because my visa expired August 2012, and what are my chances of getting this visa??, If any ideas please help I can't stay this undocumented life.

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Attorney answers 3


You will NOT be able to get the visa. Your problem is that you overstayed your visa by over 180 days. To get the DV visa, you must leave the US for processing. As soon as you leave the US, you will be barred for 10 years because of your unlawful presence.

This information is intended as general information only. This communication does not establish an attorney-client relationship between me and the asker.


You are not eligible to apply for adjustment of status and would have to leave the US in order to apply for an immigrant visa based on your DV lottery selection. If you entered as a student, you have not accrued unlawful presence that would bar you from applying at the Consulate unless there was a formal determination about your status violation. You should consult with an immigration attorney rather than alerting USCIS about your presence in the US.


Never, ever, under any circumstances go to USCIS for legal advice! USCIS customer service agents are not attorneys and are not allowed to give legal advice. Contact an immigration attorney for a consultation about your options.

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