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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105121
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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can an illegal alien play the dv lottery, and if he win can

Customer Question

can an illegal alien play the dv lottery, and if he win can he adjust his status
Submitted: 6 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 6 years ago.
Unfortunately, you cannot adjust status in the U.S. if you win the DV lottery and are here illegally 180 days or longer. You would have to leave and if you leave, you will not be able to come back in unless you get an I-601 waiver. To get this waiver you will have to prove that you have a qualifying U.S. Citizen or U.S. Lawful Permanent Resident spouse or parent will suffer extreme hardship if you are not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because your spouse's hardship probably will need to be more than just economic hardship or emotional separation hardship. So because they are difficult to get, no one wants to risk leaving the U.S. and getting stuck outside for 10 years if it isn't granted.


You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.

and here is another link:

I am truly sorry for the bad news, but the options are very limited at the moment.

Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you

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