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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94314
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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what are the chances of someone that won America visa lottery

Customer Question

what are the chances of someone that won America visa lottery in 2011 as a single but she gotten married in 2009. Please read the full story,
please am making this request on behalf of my brother and his wife. The lady played America lottery as a single lady and won in 2011,but they got married in 2009. What really happened was that before she married she played the lottery in 2008 with an agent who kept on playing for her every other year until she won in 2011. Although during her document with the Kentucky office of the lottery about her new status she told to process the lottery only to be told by her interviewer that her documentation has error and refused to interview them after spending lot of money for the processing which includes medical, visa and other, so please i need your legal advance and assistance. Thanks.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.

Unfortunately, the chances are zero. Had they married after 2011, that would have been fine, but because they married before 2011, the spouse had to have been included. Here is an OFFICIAL link:

http://www.state.gov/documents/organization/87838.pdf



 

You must deny the applications of registrants who list on their Form DS-230, Application for Immigrant Visa and Alien Registration, or their Form DS-260, Online Application for Immigrant Visa and Alien Registration, a spouse or child who was not included in their initial entry, unless such spouse or child was acquired subsequent to submission of qualifying DV entry. The spouse of a principal alien, if acquired after registration, and prior to the principal alien’s admission, or the child of a principal alien, if the child was born after registration or is the issue of a marriage which took place after registration and prior to the principal alien’s admission to the United States, although not named on an application, is entitled to derivative DV status.

So I am truly sorry, but the spouse will not be able to immigrate with the principle. After the principle immigrates, they can petition an I-130 for their spouse and the spouse should be able to follow abour 2 to 3 years later. The spouse will generally not be able to visit the U.S. during this process. The principle can visit the spouse often or if the principle wants to live outside of the U.S. with the spouse while waiting, they would have to file an I-131 Re-Entry Permit that will allow them to be outside of the U.S. for up to 2 years and not lose their Residency status.

I am truly sorry.

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

 

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94314
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


Thanks the Law ,am really glad with the answer given, so is it possible for the principal to process the application if yes, how can she get started since herself and her family were not interviewed at all.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
When the principle is approved for Lawful Permanent Residency, they can immediately file an I-130 for the spouse. The spouse will not get any benefit from the I-130 for 2 or 3 years, but that's how it is done. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Customer: replied 1 year ago.

please can the lady that won the lottery process the application and how can she start the process?Also can you take this case up on her behalf?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I am not allowed to present a customer of this website directly. They can look for an attorney at www.ailalawyer.com. After winning, a letter will be received with instructions as to what needs to be done for the interview at the U.S. Embassy or Consulate.

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