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Winning US Green Card doesn’t seem to help…

April 18 2007 at 8:02 AM
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  (Login diablozby)

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Winning US Green Card doesn’t seem to help…
My sister lives with her husband and two sons illegally in the US (for about 9years).
She recently won a green card. She has to visit her home country to process the application. It looks like she might be refused re-entry to US for a period of 10 years because of her overstaying her original visa.
She doesn’t want to risk her family happiness because of it.
Would anyone have any suggestions what to do please?
Thank You.

 
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(Login immigrateusa)
Forum Owner

§245(i)

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January 26 2008, 12:44 PM 

The only way for your sister to receive her green card by staying in the US is if she qualifies under §245(i) of the US immigration law. That provision of law requires that she be the beneficiary (or the daughter of a beneficiary) of an I-130 petition, I-140 petition, or Labor Certification filed before April 30, 2001.

If no application was filed on her behalf (or on behalf of one of her parents) before that date, she unfortunately will not be able to take advantage of winning the lottery.

Attorney Edward Weiner
E-mail : E.Weiner@immigration-aux-usa.com
Phone : + 1 (617) 889-0215
Internet Site : http://www.immigration-aux-usa.com

 
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