Immigration Issues/couple o' questions.

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Question -
Hi,

IM a foreign student who's 1-20 was just recently cancelled for early withdrawal from a us college. I am currently still in the US. I have applied for a green card through my mother who is a resident,and through my sister who is a citizen. Now that you know my situation ,here are my questions. 1. Is my application through my mother valid or does she need to be a citizen? 2. I want o apply for the annual visa lottery but I am afraid if my status is illegal and I win it will be rejected. Can I still apply and what will be needed if I win and am illegal? 3. Although I am planning on leaving the country in a few weeks..Im wondering how do they know if Im out of the country or not?
Thanks in advance for any help you can provide.
Answer -
As long as you are single - it was ok for your mom to apply for you. If you are over 21 that application will take about 8 years to get to the front of the line. Your sister's applciation for you will take about 15 years to be at the front of the line. You can apply for the lottery. I would leave the country before 6 months expire from the time your I-20 was cancelled, so you do not become subject to the 3 year bar for illegal presence. The burden is on you to prove you were out of the country at any particular time - it is not onthem to prove you were here.


Regards,


Robert


thanks,
well actually ,im not single,and my mom is not a citizen but a resident is this application still valid? what happens if I am here illegally and my application is approved- for either my sister or mother? Iwas advised to retain a lawyer in this case but Im wondering what benefits a lawyer would serve me at this point. what can he or she do to expedite the process,or what betterment would this serve me? Thanks again for your answer.

Answer
Permanent residents can not petition for married children - so your mom's petition for you is void. If your sister did not petition for you before April 30, 2001, you can not get your green card here and would have to go home before 6 months passes from the date your I-20 was cancelled. If you had nothing pending before 4/30/01 and 6 months has passed from the cancellation of your I-20, you will nopt be able to get your green card without a law change.


Regards,


Robert

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