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Can i do AOS as an asylee?

A

adirom28

Registered Users (C)
Hi everybody,
i was granted asylum 4 months ago.2 days ago i received a package from KCC that i was selected to apply for DV2007.The deadline to receive your visa is 30 sept.2007.I called USCIS today and i was told i cannot do AOS because i don`t have 1 year spent in US after being granted asylum.
What can i do?IS there anything to be done? Should i contact a lawyer?
I cannot do Consular processing because i`m an asylee so i`m not suppose to return to my country.
Any help is appreciated.:confused:
 
This AOS is not based on your asylum and is based on DV. So, you can certainly do the AOS like anybody else who is in the US and wins the DV. the USCIS didn't get it and though you want to adjust based on your asylum that basically needs one year residence.
 
thanks for your reply,Memo.
The thing is i did not win.My package says:"You are among those randomly selected and registered for further consideration in the DV program for fiscal year 2007".So, i`m not garanteed a visa.My case # is EU00015XXX.SHould i get a lawyer and go for it?
 
adirom28 said:
thanks for your reply,Memo.
The thing is i did not win.My package says:"You are among those randomly selected and registered for further consideration in the DV program for fiscal year 2007".So, i`m not garanteed a visa.My case # is EU00015XXX.SHould i get a lawyer and go for it?
Click to expand...
First off, it can't be 2007. Check again... It should say 2008.
Second, no one is guaranteed visa when they are first selected.
Third, you don't need a lawyer for this!
 
Anahit said:
First off, it can't be 2007. Check again... It should say 2008.
Second, no one is guaranteed visa when they are first selected.
Third, you don't need a lawyer for this!
Click to expand...

Strange.. as I know there were no numbers for EU more than 15xxx (the official results shows that there are 22,000 EU winners) - does it means that these packets were not sent last year and KCC sends it now due to there are number of unused visas available for EU? Looks like it could be true..:eek:
 
langer said:
Strange.. as I know there were no numbers for EU more than 15xxx (the official results shows that there are 22,000 EU winners) - does it means that these packets were not sent last year and KCC sends it now due to there are number of unused visas available for EU? Looks like it could be true..:eek:
Click to expand...

Hmmm, the DV2007 results do say "Only participants in the DV-2007 program who were selected for further processing have been notified. Those who have not received notification were not selected." So I really don't think they would still be sending results now, but you never know...
 
HI,
thanks to all for responding.
I was selected for DV 2007.The package says "Since the number of returned instruction packets from European applicants for 2007 DV program has remained low since the initial notification in the spring of 2006, you now have an opportunity to continue processing in the 2007 Program."
I called USCIS yesterday and they said i cannot adjust status yet.It has to be after a year has passed since my asylum has been granted.
Should i send the package anyway?I know i don`t need a lawyer for this, but i will contact one anyway to ask him if we can do anything.
I`m thinking to go to the local USCIS office but i`m affraid they will give me the same answer.
WHAT SHOULD I DO?
 
Even if i can apply,will i get AOS by september 30th 2007? I`ve seen on a different forum that it ussually takes between 2-6 months to get AOS if everything goes well.
 
I called USCIS yesterday and they said i cannot adjust status yet.It has to be after a year has passed since my asylum has been granted.
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they misunderstood you. You cannot adjust yet based on asylum, but you can adjust based on DV. Better hurry up then, if the number is current. If the number is not current, you cannot yet apply for DV AOS.

If your number is higher than 15100, you can't apply yet. You will be able to apply in May.
 
adirom28 said:
HI,
thanks to all for responding.
I was selected for DV 2007.The package says "Since the number of returned instruction packets from European applicants for 2007 DV program has remained low since the initial notification in the spring of 2006, you now have an opportunity to continue processing in the 2007 Program."
I called USCIS yesterday and they said i cannot adjust status yet.It has to be after a year has passed since my asylum has been granted.
Should i send the package anyway?I know i don`t need a lawyer for this, but i will contact one anyway to ask him if we can do anything.
I`m thinking to go to the local USCIS office but i`m affraid they will give me the same answer.
WHAT SHOULD I DO?
Click to expand...
Call KCC to make sure it is not a scam... just in case.
If it is a real thing then fill out and send back the applications asap. At the 800 number (USCIS), they didn't know what they were talking about. Of course you can't adjust your status as an asylee yet. But this has nothing to do with the adjustment of status as an asylee. You will adjust your status as a DV lottery winner, which only requires you to be in a legal status, which you are.
Good luck!
 
i will call KCC just to make sure it is all true.Then, i`ll go to the USCIS local office to pick up the AOS forms.NOw, i file with USCIS or i send my package back to KCC?
My number is above 15100 so i guess i have to wait till May.SHould i do anything meantime?
 
LucyMO said:
If your number is higher than 15100, you can't apply yet. You will be able to apply in May.
Click to expand...
Shouldn't he send the DSP122 form to let them know that he is doing AOS, and then, when his number is current, he would send the rest?
 
adirom28 said:
i will call KCC just to make sure it is all true.Then, i`ll go to the USCIS local office to pick up the AOS forms.NOw, i file with USCIS or i send my package back to KCC?
My number is above 15100 so i guess i have to wait till May.SHould i do anything meantime?
Click to expand...
The instructions on the letter should tell you what to do for the AOS. You can find tons of info on this forum, as well.
There is no need to go to the local USCIS office. You can find the forms on www.uscis.gov.
 
i`ve just called KCC and they said the package is real but i can`t apply untill May when my number will become available.Meanwhile,i`ll try to see if USCIS is going to allow me to adjust status or not.
In the case i`m allowed to adjust status and i send my application after May 1 what are the chances to get a visa? What do you guys think?
 
adirom28 said:
i`ve just called KCC and they said the package is real but i can`t apply untill May when my number will become available.Meanwhile,i`ll try to see if USCIS is going to allow me to adjust status or not.
In the case i`m allowed to adjust status and i send my application after May 1 what are the chances to get a visa? What do you guys think?
Click to expand...

1. If KCC say it's genuine ask them about sending forms DS122-DS230 included in the package.

2. Like LucyMO says, a DV based AOS application has nothing to do whis an Asylum application. Don't let USCIS confuse you on this. You can apply as DV regardless, just like anybody else.

Good luck
 
adirom28 said:
i`ve just called KCC and they said the package is real but i can`t apply untill May when my number will become available.Meanwhile,i`ll try to see if USCIS is going to allow me to adjust status or not.
In the case i`m allowed to adjust status and i send my application after May 1 what are the chances to get a visa? What do you guys think?
Click to expand...
Read these threads:
http://boards.immigration.com/showthread.php?t=215048
http://boards.immigration.com/showthread.php?t=220636

You are eligible to adjust your status. You should be able to get a visa.
 
Hi,
Just wanted to let everybody know that i called a lawyer and he said that i can apply:D ! Now,i will meet with him and discuss the details.KCC said that i have to wait `till May to apply so i have 1 month to get everything togheter.Should i do my medical now or wait?
 
For the medicals I had to make my appointment ONE month in advance, so take that into consideration although it may be different in your area. Call your USCIS approved medical center and find out.
 
Hi,
i just came back from a lawyer and he told me that the case is arguable so we will proceed and he will come with me to the interview and will argue that i am able to adjust status.Now,he`s telling me that i have to get proof of highschool diploma or any other document that confirms the minimum of 12 years of study.
Has anybody been asked to provide his/hers highschool diploma or college degree while doing AOS?
 
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