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KJL LAW, Lawyer
Category: Immigration Law
Satisfied Customers: 1538
Experience:  Attorney at law Office of KJLLAW
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I just won DV lottery visa. I lived in US from 2004 to 2006

Customer Question

I just won DV lottery visa. I lived in US from 2004 to 2006 and overstayed my visa for almost 2 years. I tried to reenter in 2016 and was denied an entry followed by a 5 years ban. Do I have chance to get DV visa now?
Submitted: 4 months ago.
Category: Immigration Law
Expert:  KJL LAW replied 4 months ago.
Good morning
Expert:  KJL LAW replied 4 months ago.
By overstaying your visa, you have put yourself in a legal bind. However, in order to apply for adjustment of status, you normally must be in legal status to apply. Unless you qualify for one of the few exceptions, adjustment of status does not appear to be an option for you. However, if you are under a 5 year ban, the embassy will not approve the visa based on winning the DV lottery until the 5 years have passed. This makes you inadmissible to the US for 5 years unless you apply for and are granted a waiver on form I-601. To qualify for the waiver, you must establish extreme hardship to a spouse and/or parent(s) who are US citizens or residents. I hope this helps. Please don't forget to rate the question for credit and tracking so that I will receive credit and payment for assisting you with your question.