The Diversity Visa Lottery Program, also known as the U.S. green card lottery, is offered annually to individuals from countries with low rates of immigration to the United States. If someone has overstayed their visa and has been illegally residing in the U.S. for an extended period, does this mean they cannot enter the lottery? If they win the lottery, will they not receive a green card? This guide explains it all.
The Green Card Lottery
The United States government holds the Diversity Visa Lottery every year giving a limited number of green cards to people from countries with low immigration rates. Millions of people apply, making it a very competitive process.
Overstaying Your Visa
This means staying in the United States past the expiration date of your visa, often due to personal or other reasons and has legal consequences or affects your eligibility for immigration benefits.
The Problem of Unlawful Presence
Another primary obstacle for someone who has overstayed their visa’s allowable period and desires to enter through the Diversity Visa Lottery is ‘unlawful presence’, which is the act of living in the US without lawful status. Several problems can arise where unlawful presence is concerned if one leaves the US and seeks re-admittance or if one applies for a green card.
Applying for a Green Card
Winning the Diversity Visa Lottery is a triumph, but it’s not a green card if you have an unlawful presence. Normally, those in the US would adjust their status to get a green card. That option isn’t even eligible for those with unlawful presence. Adjustment of status is when one accumulates forms and then makes an appointment to go to a U.S. Citizenship and Immigration Services (USCIS) office for an interview. That option is also closed to those who are not in lawful status. This is because to obtain an appointment at a USCIS office, one has to demonstrate – with actual evidence – that they are lawfully in the US.
Consular Processing: The Likely Path
But if you overstayed and you win the Diversity Visa Lottery, consular processing is most likely your only option. That is, you will need to depart the US and apply for your green card through a US embassy or consulate abroad. If you overstayed illegally in the US for more than a year, and you then depart the US, you will face a 10year bar on reentry to the US.
Getting a Waiver
In some rare cases, you might be able to get a waiver for the ten-year reentry bar. To get this waiver, you need to prove that a U.S. citizen or lawful permanent resident family member would suffer extreme hardship if you were denied a visa. This is hard to prove, and not everyone qualifies.
The Provisional Waiver: A Helpful Option
Diversity Visa Lottery winners can apply for one before leaving the U.S. for their consular interview. This waiver lets you know if your request is approved before you leave, so you don’t risk being stuck outside the U.S. for ten years.
Special Cases: Section 245(i) and Others
Some people can still adjust their status in the U.S. under Section 245(i), which allows certain individuals with approved family or employment-based petitions to apply for a green card despite their unlawful presence. In addition, Certain situations allow individuals who believe they have overstayed to avoid being considered unlawfully present, such as students who dropped out of school but were not reviewed by immigration authorities.
The Green Card Process
Joining the Diversity Visa Lottery changes life and offers a path to lawful permanent residence in the U.S. However, if you’ve overstayed your visa, the process to get a green card is complex. Understanding the issues around unlawful presence, consular processing, waivers, and special cases is key.
Common Mistakes to Avoid when Applying
Not Understanding Eligibility Requirements:
Ensure you meet the eligibility criteria, including being a native of an eligible country and having the required education or work experience. Misunderstanding these requirements can lead to wasted efforts and disqualification.
Submitting Incomplete Applications:
An incomplete application can result in delays or outright rejection. Double-check that all required documents and information are included, such as completed forms, photographs, and proof of eligibility.
Providing Inaccurate or Inconsistent Information:
Any discrepancies in your application can raise red flags with USCIS. Ensure that all personal details, such as names and dates, are accurate and consistent throughout your application.
Missing Deadlines:
Be mindful of the application period, which is typically only one month each year. Missing this window can exclude you from the lottery entirely. Set reminders for important dates related to your application.
Failing to Meet Photo Requirements:
The Green Card Lottery has strict photo specifications. Submitting a photo that does not meet these requirements is a common reason for disqualification. Ensure your photo is recent and adheres to the guidelines provided.
Submitting Multiple Entries:
While it may seem tempting to increase your chances by submitting multiple applications, doing so can lead to disqualification. Each individual is allowed only one entry per lottery year.
Neglecting to Keep Records:
After submitting your application, keep a record of your confirmation number and copies of all documents submitted. This information will be essential for checking your status later on4.
Going It Alone Without Professional Help:
Navigating immigration processes can be complex. Consulting with an immigration attorney can provide valuable guidance and help avoid common pitfalls throughout the application process.
Ignoring Instructions:
Carefully read and follow all instructions provided on the official U.S. Department of State website regarding the application process, including how to fill out forms and what documents are needed.
Being Misled by Scams:
Beware of fraudulent websites or services that claim to guarantee success in the lottery or require payment for application submission. The official application process is free, and you should only use government resources
Getting help from experienced immigration lawyers can make a big difference for Diversity Visa Lottery winners with overstay issues. With the right guidance, you can improve your chances of getting a green card and achieving your American dream.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a Non-Immigrant Visa or an Immigrant Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
