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DAP Forums > DREAM Act > The Lounge

Diversity Visa Lottery Question

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#1
10-05-2021, 06:16 PM
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My wife qualifies for the diversity visa, but I do not qualify given I am DACA. If she applies and wins, does anyone know if this will affect me negatively in some way? (She is asked to include her spouse's information in the application)
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#2
10-06-2021, 12:04 AM
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Quote:
Originally Posted by jorgeag92 View Post
My wife qualifies for the diversity visa, but I do not qualify given I am DACA. If she applies and wins, does anyone know if this will affect me negatively in some way? (She is asked to include her spouse's information in the application)
Won't negatively affect you but unless you fall under 245(i) you won't get to tag along since there's just no time for her to adjust and do an I-601A/DS-260 for you. Can do that in F2A after she wins tho.
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#3
10-06-2021, 03:45 AM
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So I can't tag along even if I am a visa overstay?
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#4
10-06-2021, 02:06 PM
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Quote:
Originally Posted by jorgeag92 View Post
So I can't tag along even if I am a visa overstay?
Nope. In order to adjust via the DV lottery you need to be in continuous lawful status. Overstay prevents you from AOS.
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#5
10-06-2021, 11:28 PM
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Oh well. Thank you for the information
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#6
10-07-2021, 04:41 AM
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Originally Posted by jorgeag92 View Post
Oh well. Thank you for the information
You can just do an I-130 in F2A and later an I-601A to get your green card. Will be a bit of a longer wait time but oh well, beats nothing.
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#7
10-07-2021, 08:20 AM
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Why do DACA recipients not qualify? I was literally going to apply.
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#8
10-07-2021, 09:00 AM
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Why do DACA recipients not qualify? I was literally going to apply.
Can't adjust after an overstay normally, hence why the whole you need to marry a USC meme came to be because in those cases an overstay is forgiven.

Like if you have 245(i) or have a qualifying relative through which you can try to do an I-601A waiver, go for it.

In absence of that, sure, you can apply, you can win, but then you're stuck in a position where you can't do anything with that win.
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