Diversity Visa and previous Asylum Claim

[cdjn123]

Dear Experts,

I really need your help on this issue.

I am from Nepal.I went USA in 2006 in F1 Visa. I got out of status in few months, Then I applied for Asylum before one year of my arrival in the USA. This means I remained out of status for more than 180 days but less than 1 year. My asylum case was pending till May 2011, but before my individual asylum hearing I left USA on my own because the situation of my home country had improved. This might have caused me to self deportation and (3-5 year ban) Now I have won DV lottery for 2018. It has been 6 years since I left the US. Will I be eligible to get the Green Card? Thank you very much for your help. After leaving the USA I have traveled UK, Australia and EU countries with no violations.

Will I be ok with this DV lottery or should I need to prepare something else like filling waiver?

Thank you very much.

[inadmissible]

F visa holders are admitted for the duration of status. They do not accrue unlawful presence until a formal termination of that status, eg denial of change of status, determination by an immigration judge in removal proceedings. Assuming there was no formal termination of your status, you are not inadmissible as a result of excess unlawful presence. You may have been placed into removal proceedings, but did not receive a notification because you moved without filing Form AR-11. Assuming you were not ordered deported in absentia, you are not inadmissible as a result of removal

You could file a FOIA records request to find out if either case is true. However, it will take far longer to get your records than it will take to seek an immigrant visa based on your DV win. Congratulations on that by the way. If you are ineligible for an immigrant visa because of some ground of inadmissibility, they will let you know. If you are inadmissible, a waiver is available based on the extreme and unusual hardship that will be faced by your US citizen or permanent resident spouse or parent in the event you can not join them in the United States. You probably don't have such a qualifying relative or else you wouldn't have bothered applying for DV in the first place

[cdjn123]

Previous Asylum Case and DV lottery

F visa holders are admitted for the duration of status. They do not accrue unlawful presence until a formal termination of that status, eg denial of change of status, determination by an immigration judge in removal proceedings. Assuming there was no formal termination of your status, you are not inadmissible as a result of excess unlawful presence. You may have been placed into removal proceedings, but did not receive a notification because you moved without filing Form AR-11. Assuming you were not ordered deported in absentia, you are not inadmissible as a result of removal

You could file a FOIA records request to find out if either case is true. However, it will take far longer to get your records than it will take to seek an immigrant visa based on your DV win. Congratulations on that by the way. If you are ineligible for an immigrant visa because of some ground of inadmissibility, they will let you know. If you are inadmissible, a waiver is available based on the extreme and unusual hardship that will be faced by your US citizen or permanent resident spouse or parent in the event you can not join them in the United States. You probably don't have such a qualifying relative or else you wouldn't have bothered applying for DV in the first place

Thank you very much and I appreciate your thoughtful reply. As I have checked to my case with my A number I have been put in removal in absetia on june 22 2011 but i had left USA before my hearing on May 31 2011. I t has been 6 years since I left USA. Will I have longer than 5 year ban in this case. I assume I am not out of status for more than 6 months, but i have that removal order. I have my own brother and his family in USA, they are US citizens(Naturalized). Will there be any chance for me to get Waiver of inadmissibility?

Thanks in advance.

[inadmissible]

I would like to think that ICE didn't spend my taxpayer money prosecuting a removal case to completion where the alien wasn't even present in the United States. You should try to obtain the full record of the removal case and information about its final disposition. If you are subject to a final order of removal, you are inadmissible to the United States for ten years after you departed (which just sounds wacky because you departed before the case even begun). If that is the case, you can apply for advance permission to reapply for admission to the United States on Form I-212. Alternatively, you could get the case reopened and challenge the underlying finding (because obviously you weren't removable as an alien unlawfully present - you weren't present)