You are unfortunately stuck in the situation where you will not be able to adjust status on the basis of winning the visa lottery unless you are also the beneficiary of section 245(i). That section allows most illegal aliens to adjust status upon the payment of a $1,000 fine if they have had a labor certification application or immigrant visa petition filed on their behalf by April 30, 2001, and were physically present on December 21, 2000. An earlier and still effective version of section 245(i) does away with the physical presence requirement if the labor certification application or immigrant visa petition was filed by January 14, 1998. If you cannot adjust status to permanent residence here in the States, your ability to obtain an immigrant visa from winning the visa lottery would then depend upon your possible success in consular processing and interviewing at the American consulate back home. Under present law, you would be barred from returning to the States for three years if you overstayed by 180 days. In the event that you overstayed by one year, you would be barred from returning for 10 years. If you do do not fall under the bars, you could attempt to consular process your case with the realization that your immigrant visa processing would have to be complete by the end of the fiscal year, September 30th. The rule of the visa lottery is that you must immigrate during the year that you are eligible. The government fiscal year runs from October 1st to September 30th.
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