What happens if my husband has an overstayed visa? 3 Answers as of August 23, 2011

My husband overstayed last time 8 yrs ago twice both for a year each time. Since then he has gone back on holiday three times for a week or two at a time and hasnt been pulled up at immigration. He also has a new passport and in a new name, long but genuine reason is found out he has a different birth father then he had thought. We have won the dv lottery and hope we can get into America legally. What are our chances ? We dont want to lie, we just hope it doesnt come up...do you think we would be lucky enough to slip through the system and if not rather then go on with the application and risk getting a ten yr ban can we apply for something to make a wrong 8 years ago right. Clear our record ect. Thank you for your help

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
None for him. He must disclose the past history and it is unlikely that the consulate will grant him a waiver.
Answer Applies to: Nevada
Replied: 8/23/2011
Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
Hello. It appears he has gotten lucky on his re-entries as he should be barred for 10 years. During the DV process, you will be asked if you have used any other names and all trips to the US. Thus, all of this is likely to come up.
Answer Applies to: California
Replied: 8/3/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Bottom line is that you should not lie under whatever circumstance. Hiding is a form of lie. You should hire a lawyer to represent you. You are welcome to contact us.
Answer Applies to: Florida
Replied: 8/3/2011
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