Sm1smom
Super Moderator
You've been asked to provide more specifics for better guidance, and you only respond to thank us? Oh well. Good luck with your case(s).
DV 2017 AOS Only
- Thread starter Sm1smom
- Start date
You've been asked to provide more specifics for better guidance, and you only respond to thank us? Oh well. Good luck with your case(s).
EURO2014
Well-Known Member
Right. Due to the fact that detailed, case specific information will be required to properly advise on overlapping asylum/DV AoS filings, it probably will be best for him to initiate effective face-to-face counsel through an experienced immigration lawyer, with all facts on the table. Potential downsides would otherwise be rather high in my humble opinion.
Sm1smom
Super Moderator
In as much as I don't like voicing an opinion or providing guidance on none straight forward DV cases, I do not believe a detailed case specific response is necessarily required in order to confirm if the OP is eligible to file a DV based AOS petition while an asylum petition is already in the system. For now, all the OP has to do is provide some dates - precisely when their admitted status expired and when their asylum petition was formally accepted by USCIS evidenced by the date on their NOA receipt.
We have documented cases of asylum pending petitioners who successfully processed their DV selections via AOS. I don't have a head count of many we have to date, but I do believe we've had at least one such case each year. As a matter of fact, one of such cases just reported their AOS approval on the the DV 2016 AOS Thread.
Hi - I got selected in the 2017 DV Program and have submitted the DS-260 online form. My CN is 2017AF0003xxxx. I have the following questions.
1. What is the approximate time-frame when I can expect my priority date to become current?
2. My employer has filed for my GC (PERM got submitted recently). Will this affect anything or can both occur in parallel?
Thank you!
1. What is the approximate time-frame when I can expect my priority date to become current?
2. My employer has filed for my GC (PERM got submitted recently). Will this affect anything or can both occur in parallel?
Thank you!
Thanks for the contribution @Sm1smom, EURO2014. The detail information goes thus:
-on a B2 visa, my I-94 expired on the 20th march 2016( after a 6 months in U.S).
- my Asylum application I-589 was received in USCIS on the 21st of march 2016 (as per application receipt number letter, i received after 7 day), and fingerprint later.
- on the 3rd of may i was selected for the dv applicant CN 2017AF00014xxx.
- as of 3rd may 2016, that i was selected for the dv lottery my asylum case has been pending just 1 months 2 weeks ,(also 1 months 2 weeks from my I-94 expiration)
1) may i be legible for AOS?
2) what forms should i used for the AOS?
3) when can i submit my DS260?
-on a B2 visa, my I-94 expired on the 20th march 2016( after a 6 months in U.S).
- my Asylum application I-589 was received in USCIS on the 21st of march 2016 (as per application receipt number letter, i received after 7 day), and fingerprint later.
- on the 3rd of may i was selected for the dv applicant CN 2017AF00014xxx.
- as of 3rd may 2016, that i was selected for the dv lottery my asylum case has been pending just 1 months 2 weeks ,(also 1 months 2 weeks from my I-94 expiration)
1) may i be legible for AOS?
2) what forms should i used for the AOS?
3) when can i submit my DS260?
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Sm1smom
Super Moderator
1. Based on the dates provided, seems to me like you're eligible to process AOS, although a very picky IO could argue you were already out of status on Mar. 21st when USCIS formally accepted your asylum petition, but I doubt they will go that far.
2. Go through the AOS process spreadsheet - the link to that spreadsheet can be found on the first post on page 1 of this Thread.
3. Whenever you wish, just be sure to do so before sending out your AOS package.
Sm1smom
Super Moderator
1. Hard to take a guess now considering that we don't currently know how many people got selected for DV 2017. However, you can go through past VB yourself to get a rough idea. Link to VB:
https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html
2. Both petitions can go on parallel, not a problem.
xellos93
New Member
1) What is the official document that shows that I-134's are legally unenforceable? Is it the one at https://fam.state.gov/fam/09FAM/09FAM030208.html , section 9 FAM 302.8-2(B)(3) at g.(3) (a) - "This affidavit [I-134], submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864"? I figure this would be something useful/reassuring to show to potential sponsors.
2) Is the FO you are assigned always the one indicated online at https://www.uscis.gov/about-us/find-uscis-office/field-offices based on your US address? I'm located in NJ, which has FOs in Newark and Mt. Laurel. Judging by the DV timeline spreadsheets here, the Newark FO has had at least a dozen DV AOS's done over the past couple of years. This makes it more "trustworthy" for me than the Mt. Laurel FO, which didn't have the cases of any users of this forum. However, based on my county it seems I would unfortunately be assigned to the Mt. Laurel one, so just wanted to make sure if that will 100% be the case.
2) Is the FO you are assigned always the one indicated online at https://www.uscis.gov/about-us/find-uscis-office/field-offices based on your US address? I'm located in NJ, which has FOs in Newark and Mt. Laurel. Judging by the DV timeline spreadsheets here, the Newark FO has had at least a dozen DV AOS's done over the past couple of years. This makes it more "trustworthy" for me than the Mt. Laurel FO, which didn't have the cases of any users of this forum. However, based on my county it seems I would unfortunately be assigned to the Mt. Laurel one, so just wanted to make sure if that will 100% be the case.
Sm1smom
Super Moderator
1. Yes, that should do it.
2. FO assignment is strictly based on your listed home address.
Britsimon
Super Moderator
1. Yes - that.
2. It is based on your address. My assigned FO was further away and less convenient than what I would have liked but matched the office designated for my county. So - that is 99.9% certainty.
Sachedina
New Member
Hello. First and foremost I want to thank you for this excellent service that you provide.
My situation is as follows:
- I am a DV2017 selectee with CN 2017AF000012xx
- I'm currently in the US on a F1 visa.
- I intend to travel for the summer break to my home country and return after 3mo (May-Aug)
- My F1 visa will still be valid upon my return.
My question is, does leaving the U.S. and returning change anything or put my application in jeopardy?
One immigration lawyer advised me that there is always the risk of the quota running out. Hence the earlier I begin my application the better and perhaps I should look at cutting down my summer break to 1mo. That didn't make any sense to me since I know there is a fresh DV quota each year and the process doesn't start before October. Am I missing something here?
Finally I don't see a security clearance letter requirement on the AOS spreadsheet. Is that not necessary?
Many thanks.
My situation is as follows:
- I am a DV2017 selectee with CN 2017AF000012xx
- I'm currently in the US on a F1 visa.
- I intend to travel for the summer break to my home country and return after 3mo (May-Aug)
- My F1 visa will still be valid upon my return.
My question is, does leaving the U.S. and returning change anything or put my application in jeopardy?
One immigration lawyer advised me that there is always the risk of the quota running out. Hence the earlier I begin my application the better and perhaps I should look at cutting down my summer break to 1mo. That didn't make any sense to me since I know there is a fresh DV quota each year and the process doesn't start before October. Am I missing something here?
Finally I don't see a security clearance letter requirement on the AOS spreadsheet. Is that not necessary?
Many thanks.
Sm1smom
Super Moderator
If you travel out and return in August, I hope you're aware of the 30-60-90 days rule that may apply. Well, it's technically not a rule, it's a recommendation. You have a low CN likely to become current in October, if you file within 30 days upon your return without waiting at least 60-90 days, you could be accused of having an immigrant intent when you came in on a NIV. This way be what your lawyer was trying to imply by suggesting you cut down on the time spent outside. However since it's a new FY, the extra waiting shouldn't lead to the visas running out like you rightly observed.
PCC is not required for AOS, that's why it's not listed on the spreadsheet.
CountryGirl
Member
Hello folks!!
After ALL this reading... I have my situation much clear!! First thing, thank you all for your amazing advice in every particular case. We all have different lives and situations and you, guys, have an answer for everything.
I'm with F1 visa right now. In the moment I filled out the DS-260 I was F2, dependant of my husband, and I was in the middle of changing my status. I even traveled to my country to change the visa in my passport, so everything is legal and correct now. And I'm back home in US. However, my fear is if they ask me in the interview about my intention when I applied for the visa, because I already knew I had won the DV lottery.
My case is EU00011XXX so it's supposed to be current by November or December 2016 (looking at past years boletin). Even when my case is a low number, I'm really excited and impatient, so, I'm wondering if I can make the "early filling" once my case is published, about 2 months in advance of my real month of currency. Because I read in the spreadsheet that you can do that but sometimes they deny the petition and you lose the money. What do you think? I mean, I know it's up to me (and my husband) to take or not the risk of submitting the papers early... But... Any advice or experience??
Thank you!!!
After ALL this reading... I have my situation much clear!! First thing, thank you all for your amazing advice in every particular case. We all have different lives and situations and you, guys, have an answer for everything.
I'm with F1 visa right now. In the moment I filled out the DS-260 I was F2, dependant of my husband, and I was in the middle of changing my status. I even traveled to my country to change the visa in my passport, so everything is legal and correct now. And I'm back home in US. However, my fear is if they ask me in the interview about my intention when I applied for the visa, because I already knew I had won the DV lottery.
My case is EU00011XXX so it's supposed to be current by November or December 2016 (looking at past years boletin). Even when my case is a low number, I'm really excited and impatient, so, I'm wondering if I can make the "early filling" once my case is published, about 2 months in advance of my real month of currency. Because I read in the spreadsheet that you can do that but sometimes they deny the petition and you lose the money
. What do you think? I mean, I know it's up to me (and my husband) to take or not the risk of submitting the papers early... But... Any advice or experience??Thank you!!!
Sm1smom
Super Moderator
Hello folks!!
After ALL this reading... I have my situation much clear!! First thing, thank you all for your amazing advice in every particular case. We all have different lives and situations and you, guys, have an answer for everything.
I'm with F1 visa right now. In the moment I filled out the DS-260 I was F2, dependant of my husband, and I was in the middle of changing my status. I even traveled to my country to change the visa in my passport, so everything is legal and correct now. And I'm back home in US. However, my fear is if they ask me in the interview about my intention when I applied for the visa, because I already knew I had won the DV lottery.
My case is EU00011XXX so it's supposed to be current by November or December 2016 (looking at past years boletin). Even when my case is a low number, I'm really excited and impatient, so, I'm wondering if I can make the "early filling" once my case is published, about 2 months in advance of my real month of currency. Because I read in the spreadsheet that you can do that but sometimes they deny the petition and you lose the money
Thank you!!!
1. The right approach would have been to wait on submitting the DS-260 until you where done with your F1 visa processing. It's probably not going to be raised at your AOS interview though, but if questioned about it, then you just have to be truthful about everything.
2. The AOS spreadsheet process and Timeline spreadsheets got put together based on numerous "experiences" as it is. So the only "advice" I'm able to give you is - it's your call. I let people make the personal decision on their own - I've provided why I consider pertinent information on the issue.
my CN is 2017 AF..1xxxx , is it a good number ? i am currently studying in use as a f-1 student, and i also have a working authorization (i-765) for the whole year , is it going to affect my AOS application? When do i send my application to the USCIS ? how do i know? Can i find my ARN alien registration number on my working permit?
Sm1smom
Super Moderator
Read the first post on page one of this Thread, then follow the link on it to open up the AOS process spreadsheet - carefully go over the spreadsheet (there's about 7 - 8 tabs of useful information), it will tell you about what needs to be done when. Then return and post follow up questions if you still have any.
Sm1smom
Super Moderator
1. Yes, that's a good number.
2. Current EAD authorization has no impact on an AOS application.
3. Read the spreadsheet.
4. Read the spreadsheet.
5. Yes
but which number represents the ARN on my working card?