QUESTION
What will happen if a DV lottery winner has a criminal record?
Asked on Jun 21st, 2014 on Immigration - Texas
More details to this question:
I'm a winner of DV lottery 2015. I have criminal record for the crime happened in August 2000. Crime includes CIMT (felony, theft, 3 years probation, sentence from 2002). Can I get a waiver and get visa to enter US? I live in Ukraine and I'm Ukrainian. In addition: I found out that 15 years since the day when crime took place (not when judge pronounced the sentence) I can apply for a waiver. But interview presumably happen somewhere in spring 2015 and then September 30th last day when I can get visa. Any chance to get a visa and to go to US? recommend me strategy please so I could do everything on time.
2 ANSWERS
Adebola O. Asekun
One will have to see your complete criminal file to make a determination of your eligibility to receive a 212h waiver under the second proviso, if the offense that you refer to occurred 15 years ago on the date of your application for the waiver. However, you will need to consult with an experienced immigration attorney. The problem as I see it however is that because your application for an immigrant visa is in the context of a DV Lottery application, the very restrictive time line for processing such visas may work against you.
Answered on Jun 25th, 2014 at 9:43 PM
Bruce A. Coane
If a person has a criminal record, depending on the details, they may be inadmissible to the USA, and, if they won the DV green card lottery, their visa could be turned down if inadmissible.
Answered on Jun 24th, 2014 at 7:58 AM