Legal Question in Immigration Law in North Carolina

Select for Green Card Lottery but out of status

My husband arrived in the US in October on a B1/2 visa. It expird in April and now he is out of status. I arrived in December and mine expires on 19th June. We received a letter telling us that we had been selected for the Green Card Lottery. Will this affect our chances of finally receiving it. What would you advice we do? Do we have to return home for the interview?


Asked on 6/14/00, 3:46 pm

1 Answer from Attorneys
Daniel Huang Park & Huang

Re: Select for Green Card Lottery but out of status

Unfortunately, Congress repealed INA 245i, a provision allowing adjustment for persons out of status.

Thus, you and your husband should leave and file for adjustment back home. Beaware that if you are illegal for more than 180 days, you may be barred from entering the United States for 3 years if you leave and try to return.

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Answered on 8/07/00, 2:16 pm


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