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DV 2016 AOS Only

Marian Valentin said:
I wanted to share an argument that the lawyer is going to use in case my F1 is still pending at the time of the interview( since we are getting a little bit closer- next week we have the biometrics appointment). I would appreciate any thoughts here;


On Uscis website states that an applicant is eligible to apply for a Green card thru Dv Lottery if:

https://www.uscis.gov/green-card/ot...card-through-diversity-immigrant-visa-program

-have been selected for a dv visa by DOS lottery
-has a visa nr available at the time of
application
-applicants are admissible to the United States at the time of the application

As clear as possible. We meet all these criteria, I would say. First 2 are very clear.

The 3rd one is considered by the lawyer as follows. The fact that we are in 'pending' at this moment and at the moment that last I-94 expired( 2015 Sep), we timely filed a change of status to F1 back in May 2015, keeps us in an authorized period of stay until a decision is made ( Based on a Uscis memorandum from May 6th, 2009 )which does not count towards grounds of inadmissibility or unlawful presence( and ultimately does not make us inadmissible to the Us at all).

Thank you!
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I'm not quite sure you're paying enough attention to what we're trying to point you to all along. There's nothing ingenious in what you've stated your lawyer is planning to argue your case upon. As a matter of fact, you don't need a lawyer for that line of argument - it's something you can politely point out yourself if it were to be raised during your AOS interview. Plus I'm convinced USCIS wouldn't even make an issue of that. If it's clear to me that a 'pending status' is considered a valid status, I see no reason why that wouldn't be obvious to USCIS at the time of the AOS interview, if the F1 petition was/is still pending by then.

If you take another look at my post, which you quoted in your above response, you will see the area of concern is if your F1 petition was to be denied BEFORE the AOS interview. For as long as the F1 petition is still pending by then (or it has been approved), you should be fine.
 
michaelbor said:
Hi All,
I have the following questions:

1) We are currently on the O1/O3 status and previously were on the J1/J2. Do we have an Alien Number (A-number)?

2) Question 16 in i-485: "Have you EVER been a member of, assisted in, or participated in any group, unit, or organization of any kind in which you or other person used any type of weapon against any person or threatened to do so?".
In my home country I did a mandatory military service. Although my job in the army was not related directly to any combats or so, how should I treat this question? Being served in the army automatically enforces me to answer "yes" to this question, right? Is there any negative effect can be caused by it in getting the greencard?

3) Questions 16-18 in i-765: "Eligibility Category". I can't find the DV-lottery category in the "Who may file form i-765" document. What category should I put there?

Thanks a lot!
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1. I wouldn't know if you've previously sought immigration benefits from USCIS in the past or not (only a person who has previously sought an immigration benefit from USCIS will have an A#). So check your papers to see if an A# is listed on any of the official documents you have. It however shouldn't be a big deal if you previously have an A# and do not list it on the AOS package, nothing to sweat over.

2. You answer 'Yes'. You can provide more information on precisely what you did on an additional piece of paper though. Really doesn't matter whether there may be a negative consequence or not. The important thing is to always answer all immigration related questions truthfully. I do hope you have your military papers?

3. (C)(9) - Adjustment Applicant.
 
Rukash said:
Hello Mom,
Thank you for addressing all my previous questions:) Our AOS package was delivered two weeks ago, but we haven't got NOA yet! As you said in your previous post to go through TIMELINE, I went through it and most of the people have got their NOA within the time frame of 1-2 weeks. Any suggestions? (Just letting you know that our DV case just got current this month/FEB)
Thank you!
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P.A.T.I.E.N.C.E!

Without checking the Timelines spreadsheet, I'm certain there are others who got the NOA outside of the 1-2 weeks timeframe.
 
Sm1smom said:
1. I wouldn't know if you've previously sought immigration benefits from USCIS in the past or not (only a person who has previously sought an immigration benefit from USCIS will have an A#). So check your papers to see if an A# is listed on any of the official documents you have. It however shouldn't be a big deal if you previously have an A# and do not list it on the AOS package, nothing to sweat over.

2. You answer 'Yes'. You can provide more information on precisely what you did on an additional piece of paper though. Really doesn't matter whether there may be a negative consequence or not. The important thing is to always answer all immigration related questions truthfully. I do hope you have your military papers?

3. (C)(9) - Adjustment Applicant.
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Thanks much for the answers. Yes, I have a paper that says what type of job I performed there. However, I will need to translate it to English.
 
Sm1smom said:
P.A.T.I.E.N.C.E!

Without checking the Timelines spreadsheet, I'm certain there are others who got the NOA outside of the 1-2 weeks timeframe.
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Hi MOM!
Today I received two different text/email notification(#NOA receipt numbers). My wife who is the principal applicant didn't receive any text or email and I suppose second email notification is for her. I am 100% sure that we include her g-1145 in the AOS package. I am anxious, if this is normal... Thank you!
 
Rukash said:
Hi MOM!
Today I received two different text/email notification(#NOA receipt numbers). My wife who is the principal applicant didn't receive any text or email and I suppose second email notification is for her. I am 100% sure that we include her g-1145 in the AOS package. I am anxious, if this is normal... Thank you!
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Read this:

DV 2016 AOS Only
 
HappyWinner2 said:
Hi Mom,

Hope you are doing great.
I submitted my DS260 a couple months ago and I already received my 2NL. My question is can I still unlock it or is too late ? And in case I can still unlocked it, will I receive a second 2NL, and is it worth doing that or putting the correct information in my I485 will be sufficient ?
Many thanks.
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Yes, you can unlock the DS-260 form and update your information if need be. No, you will not receive another 2NL, not unless you're changing from AOS to CP. Without knowing what it is you wish to update, I can't tell you whether or not unlocking the DS-260 form is necessary in your case.
 
Hi,
I have submitted by DS-260. After submission i realized i made a couple of mistakes.
1. I have mentioned wrong start date for My recent job. I have entered 10 days more from actual date.
2. Forgot to write first job description only, where it say "Does this job required two years of training or experience"?

Can these will be ok?
Thanks.
 
Alyas said:
Hi,
I have submitted by DS-260. After submission i realized i made a couple of mistakes.
1. I have mentioned wrong start date for My recent job. I have entered 10 days more from actual date.
2. Forgot to write first job description only, where it say "Does this job required two years of training or experience"?

Can these will be ok?
Thanks.
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You'll be fine.
 
Hi,

Question about I-131:
We are currently on O1/O3 status (my wife is the primary applicant for AOS and she is on O3). Do we need to file the I-131 form?

Thanks.
 
michaelbor said:
Hi,

Question about I-131:
We are currently on O1/O3 status (my wife is the primary applicant for AOS and she is on O3). Do we need to file the I-131 form?

Thanks.
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You only need to file an I-131 if you think you might possibly be traveling outside of the US once your AOS package gets submitted and before it gets adjudicated. If you have no travel plans, the I-131 is a waste of time for a DV based AOS petition IMHO.
 
Sm1smom said:
You only need to file an I-131 if you think you might possibly be traveling outside of the US once your AOS package gets submitted and before it gets adjudicated. If you have no travel plans, the I-131 is a waste of time for a DV based AOS petition IMHO.
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So if I don't file I-131, I won't be able to travel using my O1/O3 (while AOS is in process)?
 
michaelbor said:
So if I don't file I-131, I won't be able to travel using my O1/O3 (while AOS is in process)?
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If you travel out without an approved AP card (an AP Card is what you receive for filing an I-131), while your AOS petition is being process, your petition would be considered abandoned.
 
Hi Mom, I went to fingerprinting today and after the fingerprinting I went to the info counter of my field office and I asked them about how long does it take to get the interview letter for I485. Her answer was quite promising she said currenty they are sending interview letters to application received in December and asked me when I submit my I485. I told her its on Jan then she said you should receive the letter around march or april. Wonder is this a normal answer in all field offices or is this a quick turnaround (she doesnt know this is a DV case).
 
Sm1smom said:
You only need to file an I-131 if you think you might possibly be traveling outside of the US once your AOS package gets submitted and before it gets adjudicated. If you have no travel plans, the I-131 is a waste of time for a DV based AOS petition IMHO.
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In case I do want to ensure myself an option to travel, I need to file I-131. What will happen if by any chance our AOS won't be approved? Will we be able to fall back to our O1/O3 status?
 
michaelbor said:
In case I do want to ensure myself an option to travel, I need to file I-131. What will happen if by any chance our AOS won't be approved? Will we be able to fall back to our O1/O3 status?
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Once you use the AP card to travel, you're technically no longer in O visa status, and if your AOS petition gets denied, you can't revert back to the O status. If all you want to do is simply ensure the possibility of being able to travel without actually using the card, then your O status remains intact even if the AOS petition gets denied (the AP card of course becomes invalid at that point).
 
Sm1smom said:
Once you use the AP card to travel, you're technically no longer in O visa status, and if your AOS petition gets denied, you can't revert back to the O status. If all you want to do is simply ensure the possibility of being able to travel without actually using the card, then your O status remains intact even if the AOS petition gets denied (the AP card of course becomes invalid at that point).
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So, just to verify that I understand correctly. Obtaining the AP card does not cancel my O1 status. Only the "usage/showing" of the card while re-entering the US will cancel the O1 status? And if I have the AP card but will re-enter US by showing my O1 visa will cancel the AOS?
 
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