More details to this question:
I'm an F-1 Student in good standing. My wife and my 2 children joined me 8 months back on a visitor visa. We applied for an extension of the visa before it got expired, but still has not received a decision on it. Now her I-94 has expired. Two weeks back we found out that my wife's DV Lottery application has been successful. We are wondering if her overstay will have any effect on her getting the green card. Also can we have our interviews here in the US without having to go back home and do it in our country?
1 ANSWER
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Hi. In order to file an Adjustment of Status based on the DV lottery, you must maintain lawful status. Thus, she should leave and process via the Embassy. If she overstays longer than 6 months and then leaves, she will be barred for 3 years(10 years if stays over a year). If the extension is denied, she should leave and get an F2 visa at the Embassy and then return to the US.
Answered on May 29th, 2015 at 12:26 PM