Q & A October 31, 2004

Q & A 1.

Q&A 1.

Successful visa lottery winner must be legal or meet requirements of section 245(i) to adjust to Permanent Resident Status

Dear Mr. Lee:

My wife has been selected one of the applicants in the DV2005 program on 5/17/04. She held the B1 visa to enter USA since 7/8/03 and has extended her B1 visa last December. However, her stay extension was denied on 5/19/04. I’m wondering, is she eligible for the DV2005 program due to her extension denial. She still stayed in USA. What should I do next?

Mr. Asnon

Dear reader:

Unless your wife meets the requirements of Section 245(i) (allowing most illegal aliens to adjust status to permanent residence without leaving the U.S. so long as they are beneficiaries of bonafide visa petitions or applications for labor certifications filed by April 30, 2001), she is not eligible to adjust status to permanent residence in the States at present. If not allowed to adjust, your wife may be able to leave the U.S. and consular process her DV-2005 application if she made a timely application for extension. Most individuals are barred from returning to the U.S. for 3 or 10 years if they have been illegal in the U.S. for 180 days or one year after April 1, 1997 respectively. For purposes of counting the bar, the U.S.C.I.S. has decided that the starting date for counting in the case of a timely request for extension should be the day that the extension is denied. If your wife fits within the circumstances, she can leave the U.S. within 180 days of the extension denial of 5/19/04, and not be barred from reentry.

Copyright © 2003 - 2004 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.