Q: Will I still be able to get my green card approved should I win the DV lottery and have my USC husband petition for me?
I have entered the US on a visa waiver on March 2017 and overstayed in the US for 5 months now due to marriage to a USC, but it did not work out so i am in the midst of getting a divorce right now which will only be finalized in December.
I am currently seeing someone new (USC) during the midst of my divorce. We are planning to marry in a few months should our relationship work out. I have applied for the DV lottery for next year, and wondering if i were to be hopefully selected, will I be able to obtain the green card if i were to be marry my current bf in future and him petitioning for me?
Because from what I have found out, the DV lottery winner is required to return to their country to have it processed, and should i return back to my country, it will trigger the 10-year ban because of the overstay (i should have overstayed by more than a year by then, hence the 10-year ban).
A:
You have overstayed and in doing so, as a visa waiver recipient, are disqualified from a hearing before an immigration court. If you marry a second time, you may be asked to prove that the first marriage was entered in good faith, not solely for immigration purposes, as well.
If you marry another U. S. citizen, then you should consider working with a competent immigration attorney. If you leave, you will be barred from lawful immigration for at least ten years. It is difficult to obtain a waiver of inadmissibility. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, before there are any more complications. Good luck.
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