Legal Question in Immigration Law in New York

dv 2005 greencard lottery.

I am an international student. My Employment Authorized Document will expire on Fed 2004. Do I violate the eligibity for the dv 2005 greencard lottery, if I stay here after my status expired; and what if I win the lottery pick.

thank you.


Asked on 8/04/03, 11:11 am

4 Answers from Attorneys

Dwayne Bentley Law Office of Dwayne L. Bentley

Re: dv 2005 greencard lottery.

In order to answer your question, I will need some additional information. You can contact me to set up a free consultation at the address listed below:

Law Office of Dwayne L. Bentley

16 Court Street, Suite 1112

Brooklyn, NY 11241

Tel:718-855-3535

Fax:718-643-2007

Email:[email protected] . Thanks.

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Answered on 8/04/03, 12:18 pm
Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: dv 2005 greencard lottery.

If you are found to have violated the terms a previous admission to the U.S. you will be ineligible to receive a green card even if selected for further consideration in the random drawing.

Certain grace periods and waivers apply but from your question you do not seem to fall in any of the categories. Basically, you would have to convince a Consular Official that your overstay was due to extraordinary circumstances beyond your control, which is exceedingly difficult to prove.

It would make some difference if you had oversayed less than six months.

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Answered on 8/04/03, 3:04 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: dv 2005 greencard lottery.

Overstaying your legal status is considered very serious by the INS. Any overstay greater than 6 months is very difficult to overcome. There are exceptions, but most of them relate to the whether the immigrant's overstay was 'voluntary' or whether there is an issue of safety in the immigrant's behavior (battered wife or political asylum).

Enter the lottery this year. Do not wait.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 8/04/03, 6:48 pm
Neena Bohra Law Offices of Neena Bohra

Re: dv 2005 greencard lottery.

My advice to you is to stay here until your opt expires and then go back to your home country. Overstaying in the US may subject you to certain bars to re-enter and you should increase your chances of re-entering by establishing that your have not violated any immigration laws.

You may call me at 212-841-1329 for a consultation.

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Answered on 8/07/03, 1:13 pm


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