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Thread: DV VISA Winner previously deported

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    Question DV VISA Winner previously deported

    Hello Dears ,

    I'm gonna try to be as clear as possible :

    I've been randomly slected for further processing for the DV-2016 ( I have to wait for a visa number to be ready so I can be interviwed)

    I was deported from the US back on 11/2004 for an over stay ( one year) and I got a 10 year bar ( that is already over by now )

    I was on the US on a student VISA ( F1) so I failed to register in two semesters in row what made me out of status wich lead me to the over stay , I have no ciriminal charges , I've never been connvicted , I have a clean record except for my over stay .

    My Fiancee already lives in the US and we were about to start the process for the K1 visa that we postponed for now since I won the DV lottery .

    My question is :

    Do I have any chances to be approved the VISA after consular interview ??
    If not am I gonna have a chance to file a waiver ( in my case it seems to be the I-212) to over come the refusal ?

    Thanks for reading my post and happy day to everyone.

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    Your fiancee is a US citizen?

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    Aymanetus (05-11-2015)

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    Yeah , My fiancee is a us citizen that why I talked about the K1 visa

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    How rude of me earlier not to congratulate you on winning DV-2016. Awesome!

    It appears that you are an alien inadmissible United States on the sole ground that you were previously removed from the United States. In that circumstance, you will first file form I-212 with the field office having jurisdiction over where your removal proceedings was held. Once that waiver petition is approved, and only then, will you go the US consulate to apply for the immigrant visa.

    The Kentucky Consular Center that is processing your DV package will not be aware of this, or be able to coordinate this with you. So, get cracking on that waiver, so you are ready to get that visa when you are instructed to go to your consulate.

    Come hang out at the I-212 forum, and talk about your situation there. The I-212 is more than just a form, and it is a challenge to draft a winning waiver request. This waiver I-212 does not require a "qualifying relative" like many waiver requests do, but you need to know how having family ties in the United States improves your odds of winning the waiver.

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    Quote Originally Posted by Aymanetus View Post
    Hello Dears ,

    I'm gonna try to be as clear as possible :

    I've been randomly slected for further processing for the DV-2016 ( I have to wait for a visa number to be ready so I can be interviwed)

    I was deported from the US back on 11/2004 for an over stay ( one year) and I got a 10 year bar ( that is already over by now )

    I was on the US on a student VISA ( F1) so I failed to register in two semesters in row what made me out of status wich lead me to the over stay , I have no ciriminal charges , I've never been connvicted , I have a clean record except for my over stay .

    My Fiancee already lives in the US and we were about to start the process for the K1 visa that we postponed for now since I won the DV lottery .

    My question is :

    Do I have any chances to be approved the VISA after consular interview ??
    If not am I gonna have a chance to file a waiver ( in my case it seems to be the I-212) to over come the refusal ?

    Thanks for reading my post and happy day to everyone.
    On the basis of what you said then you have no current bans so should be OK.

    Consulatation with one of the recommended lawyers would be a good idea, sometimes there is other stuff that may be relevant.

    Filing a K1 would be good insirance and go with what comes through first, the K1 is more certain.
    Nothing in life is guaranteed, especially anything to do with Immigration.

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    Aymanetus (05-12-2015),rejobe (05-11-2015)

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    congrats!
    601-A timeline - ---
    Application sent: October 11, 2013Lockbox receipt: no lockbox
    MSC receipt: mailed October 18, 2013
    Biometrics letter received: Mailed on 10/24/2013 received 10/31/2013
    Biometrics scheduled for: 11/21/2013
    Biometrics done *: 11/21/2013
    RFE received?: no
    Waiver decision date: 05/17/2014
    Waiver decision: APPROVED
    Filing country: Mexico
    Sent Final Docs to NVC on 07/05/2014
    NVC closed case 08/25/2014
    Visa interview date:10/17/2014
    Visa received:
    Extra information: Sent E request on 05/06/2014

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    Aymanetus (05-12-2015)

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    After you were deported, did you return to the US at any point?

    Did you comply with the deportation order when you were supposed to leave?


    If you have only one 10 year ban that was related to deportation, you will likely not need waiver. This is based on current deportation immigration laws and immigration laws in place at the time of your deportation.

    Congratulations on being chosen for the lottery. I hope it goes through well. If not, it is good to know you have other options for coming to the US permanently.

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    Aymanetus (05-12-2015)

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    Hello Cupcake ,

    well first thanks to all who got involved on this post .

    To answer your question , after my deportation I never attempted to come back , T respected the ban that was given to me wich is already over by now 8 since 11/1/2014.
    I downloaded the I-212 form but no section fits my case ( I was deported once , more then 10 years ago , and beside my over stay I have a clean record )

    I will be looking forward for your feedback .
    Best Regards

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    DV VISA Winner previously deported

    Quote Originally Posted by Aymanetus View Post
    Hello Cupcake ,

    well first thanks to all who got involved on this post .

    To answer your question , after my deportation I never attempted to come back , T respected the ban that was given to me wich is already over by now 8 since 11/1/2014.
    I downloaded the I-212 form but no section fits my case ( I was deported once , more then 10 years ago , and beside my over stay I have a clean record )

    I will be looking forward for your feedback .
    Best Regards
    Hello
    How did everything go? Did you need that waiver or not?

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