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Question about DV Lotto & Obama/Mccain

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#1
10-13-2008, 06:17 PM
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First The DV-Lotto, i know it is open again for 2010. The country i am originally from is eligible to apply, and thousands of people from there receive the chance to come to america every year.

However im not sure whether or not i can/should apply due to the reason that, Im here on a denied asylum, and i have an SSN. Im not suppose to be here i guess you can say, but the DV requires you to fill out a lot of info. My question is if i do it, will i run into problems? or am i stuck and have no other choice but to wait everything out?


2) With Obama and Mccain, i mean i know the economy is the major issue in todays news and health care right below it or what not. But is it just me? or have both candidates BARELY touched on immigration even recently. I mean on there websites, they seem to be supporting the same thing in terms of immigration. They say everyone will be looked over and those who have deport or something must leave. I mean if thats the case for both it cant help me or many others for that matter in anyway. Anyone know whats up? or whats the latest thing? Man, i really wish they would touch on some of this for atleast a few minutes in one of the debates.
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#2
10-13-2008, 06:32 PM
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About that asylum thing. Were you put into removal proceedings? How old were you when you got your removal order? Was it voluntary departure? If you got voluntary departure after turning age 16 and did not follow through, you could not be eligible to adjust via DREAM and definitely not through the DV lottery.

Again, talk to a lawyer because every case is different. Repeat: Talk to SEVERAL lawyers
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#3
10-13-2008, 09:50 PM
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The denied asylum is a troubling situation because many DREAMIES who were caught by ICE were results of investigations into denied asylum petitions.

The DV lottery itself doesn't have any relation with prior immigrant petitions. You can file any immigrant petition for which you are eligible but in your adjustment interview you'd have to pick a choice.

You can apply for the DV lottery with no problems. The reason is that you're applying to the State Department for a visa and not to USCIS which has jurisdiction over your asylum petition. However, if you do win a visa from the lottery and when you're adjusting with that visa, you will be filing with USCIS in which case you'd have to disclose that you had a previously denied asylum petition.

I don't know the process from then on, but certainly speak to an immigration attorney.

Bottom line, you can apply for the DV lottery.
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#4
10-13-2008, 11:33 PM
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Let's say that you are one of the lucky ones and got picked for the DV, wouldn't you be ineligible since u are here illegally? If so, then what's the point of applying?

My friend was one of the lucky ones who got picked and he had to show proof of his legal immigration status.
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#5
10-14-2008, 01:14 AM
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Well first we applied normally n we had recieved SS's and work authorizations however later it got denied, and when we apealed it was rejected --> denied asylum. This was put in before i was 16, probably when i was 8, and i came here when i was 3 or 4. Now i am 18.

The thing is with my SS i dont want to get screwed if i do apply for the DV lotto which i can now since i am 18.

now i am kind of confused when you say ineligible for the dream act, youguysareawesome.

I know when i joined i explained my situation and RahmanIV told me that i would be eligible. But i was again sort of looking for altrnate ways because i know in my situation there is not that many. I will probably speak to a lawyer but we spoke to him about 3 years ago, and we dont want him to keep pulling up our record in the system. Any suggestions?

And RahmanIV what do you mean when you say in the adjustment interview you would have to pick a choice? So im still not clear on that, i mean everything im doing now is tied to my social weather it be school, health care (even though its my last year) etc... how would this be effected if i was to get a DV lotto? i mean wouldnt i probably receive a new SS or something?
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#6
10-14-2008, 01:19 AM
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Good News: You're in the same position as Marie Gonzalez and Juan and Alex Gomez before they were picked up. If you got voluntary departure before age 16 you would still qualify for DREAM.

Bad News: You may not be able to adjust any other way. In some cases this might not be true. SPEAK TO SEVERAL REPUTABLE LAWYERS, or Carl Shusterman if you only want to speak to one.
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#7
10-14-2008, 01:34 AM
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When you see the lawyer:

Ask these questions you should ask :

What type of ban you have?

Can you adjust in the country (it may still be possible) and if yes, how?

Are you eligible for cancellation of removal (very hard to get)?

Would you be eligible for an I-601 wavier?

And anything else you can think of.
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#8
10-14-2008, 01:39 AM
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Quote:
Originally Posted by MDxOD View Post
Well first we applied normally n we had recieved SS's and work authorizations however later it got denied, and when we apealed it was rejected --> denied asylum. This was put in before i was 16, probably when i was 8, and i came here when i was 3 or 4. Now i am 18.

The thing is with my SS i dont want to get screwed if i do apply for the DV lotto which i can now since i am 18.

now i am kind of confused when you say ineligible for the dream act, youguysareawesome.

I know when i joined i explained my situation and RahmanIV told me that i would be eligible. But i was again sort of looking for altrnate ways because i know in my situation there is not that many. I will probably speak to a lawyer but we spoke to him about 3 years ago, and we dont want him to keep pulling up our record in the system. Any suggestions?

And RahmanIV what do you mean when you say in the adjustment interview you would have to pick a choice? So im still not clear on that, i mean everything im doing now is tied to my social weather it be school, health care (even though its my last year) etc... how would this be effected if i was to get a DV lotto? i mean wouldnt i probably receive a new SS or something?
It seems you are qualified for Dream act,but it is also likely that you cannot adjust your status anyway else within the U.S. the reason being is that you still have an active removal or final deportation order.Whenever someone goes for an adjustment interview when they are active USCIS usually arrests the person(s) with the order & try to deport them while in their custody.

The DV lottery sadly would not be an option for you.It might be best if you consider multiple opinions from lawyers with some experience[15+ years] & see what they say,but your situation looks grim at the moment.
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#9
10-14-2008, 02:38 PM
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Quote:
Originally Posted by MDxOD View Post
Well first we applied normally n we had recieved SS's and work authorizations however later it got denied, and when we apealed it was rejected --> denied asylum. This was put in before i was 16, probably when i was 8, and i came here when i was 3 or 4. Now i am 18.

The thing is with my SS i dont want to get screwed if i do apply for the DV lotto which i can now since i am 18.

now i am kind of confused when you say ineligible for the dream act, youguysareawesome.

I know when i joined i explained my situation and RahmanIV told me that i would be eligible. But i was again sort of looking for altrnate ways because i know in my situation there is not that many. I will probably speak to a lawyer but we spoke to him about 3 years ago, and we dont want him to keep pulling up our record in the system. Any suggestions?

And RahmanIV what do you mean when you say in the adjustment interview you would have to pick a choice? So im still not clear on that, i mean everything im doing now is tied to my social weather it be school, health care (even though its my last year) etc... how would this be effected if i was to get a DV lotto? i mean wouldnt i probably receive a new SS or something?
Hang on, do you have a deportation order against you or your family? To my knowledge, not all denied asylum petitions are put into removal proceedings but a significantly high percentage of them are. You can check if you have a deportation order against you by calling a national hotline number. Just Google it or search on this forum. I remember someone posting it up.

The issue here isn't whether you are eligible to apply for the DV lottery. The issue is whether you can adjust using the DV visa if you win the lottery. You are eligible to apply for the DV lottery but if you have a deportation order, that prevents you from adjusting if you win a visa.

When I said picking a choice in the adjustment interview, I meant if someone is applying through multiple channels. Say someone is applying through an employment based petition but then also wins the DV lottery. They can file for adjustment under both petitions but during their interview, they'd have to choose a route, either employment or DV lottery.
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Last edited by RahmanIV; 10-14-2008 at 02:45 PM..
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#10
10-14-2008, 05:50 PM
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To RahmanIV:

from my understanding it was my dad who applied for the family, and it got denied. I will in the near future go speak to a lawyer but from my understanding the lawyer told my brother 2-3 years ago (reputable lawyer) that marriage is one way, and government reform is the 2nd.


Youguysareawesome:

it is not a volutary departure i believe. It is one that was issued to all of us as a family. and that i recieved well before i was 16.

I hope im still elibigible for the DREAM though if it passes, because ive completed highschool, in college, done many services and have no negative background. Its just the SS that worries me at times because it feels as if the SS makes it extremely difficult to adjust for me. I mean i even get health insurance, dental and vision until next year before its done.
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