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DV 2017 AOS Only

Discussion in 'Lottery Visas - DV' started by Sm1smom, May 4, 2016.

  1. s2017

    s2017 Member

    I got selected for the DV 2017. My Visa already expired, but I am still enrolled in college. Do you think it would be better to got with AOS or CP ? Also, I graduate May next year and will have applied for OPT. Do you think this will affect my case ? Will I still be eligible for OPT ? Will the OPT affect my processing for LPR ?
     
  2. Sm1smom

    Sm1smom Super Moderator

    Visa validity has no bearing on AOS eligibility. As long as you were legally admitted into the US, and you've always been in a valid status, you're eligible to process AOS. However, I can't tell you if you're better off process AOS or CP, that's your call to make.

    Without you providing any information regarding your CN, I'm unable to say anything regarding the impact of AOS (on none impact) on your ability to apply for OPT.
     
  3. s2017

    s2017 Member

    My case number is AS 56XX . According to the recent trend I see that this case number is CURRENT around May-June. Will it affect my processing for AOS if my OPT is on the process?
     
  4. Sm1smom

    Sm1smom Super Moderator

    No, the AOS petition shouldn't be affected. Just ensure you get your OPT petition processed, if not already approved - at least close enough before sending in the AOS package.
     
  5. Sachedina

    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.
     
  6. s2017

    s2017 Member

    Thank you for your prompt reply.
    When do we choose if we want to process further with AOS or CP ? Do we need to mention that in our DS 260 Form ?
     
  7. Sm1smom

    Sm1smom Super Moderator

    When you fill out the DS-260 form.
     
  8. King2016

    King2016 New Member

    I have some question and ask you to help me. I thank you in advance for all your help


    First Question:
    My wife is selected for DV-2017, but I am confused with the process. Could you please tell me that when should we start filling the DS-260 form. I am confused, I read in the FAQ that:

    "If you are selected in the DV-2017 program, you are entitled to apply for visa issuance only during U.S. government Fiscal Year 2017, which spans from October 1, 2016, through September 30, 2017. Selectees are encouraged to apply for visas as early as possible, once their program rank numbers become eligible."

    Does this mean that we should wait till October 1, 2016 and then fill the form?

    Second Question:
    My wife is the original winner of the DV, she is in Afghanistan now, and I am a student in the US. Should I fill the DS-260 form too?

    Third Question:
    From where can I find that I am eligible for the adjustment of status?

    Thank you
     
  9. Sm1smom

    Sm1smom Super Moderator

    1. No, you don't wait until Oct 2016 to fill out and submit the DS-260 form. The form can be submitted now, several other selectees have already submitted.

    2. Yes, if you plan on benefitting from your wife's selection.

    3. I already answered you on this. I also went a step further explaining the fact that AOS is not a good option for you, apparently you think otherwise. So good luck to you.
     
  10. McClaud

    McClaud Member

    Hi,
    my wife been selected DV2017EU...14xxx
    We are currently in US (arrived in April on B1/B2)
    Can we make AOS?
    I-94 will expired up t0 6 of October
     
  11. Sm1smom

    Sm1smom Super Moderator

    Your admitted status would have expired by the time your CN becomes current, so you'll not be eligible to process AOS. You'll need to return home and go through CP.
     
  12. McClaud

    McClaud Member

    my lawer told me I can fill I-539 for extension I-94
     
  13. EURO2014

    EURO2014 Well-Known Member

    Sm1smom advice is absolutely correct. Even if you were considering to re-enter the US subsequently, in order to obtain a new I-94 through your B-visa, you may encounter problems during any subsequent AOS process, due to “preconceived intent”. “Preconceived intent” means that the applicant intended to immigrate to the United States, and misrepresented his or her intent to immigration authorities by entering the U.S. in non-immigrant status with preconceived intent to file file AoS during that stay. As advised: best to go through CP under your given circumstances.
     
  14. McClaud

    McClaud Member

    Thx for advice,
    but I have reasons make AOS.
    I know one family, they made it by fill I-539 for extension I-94 by sent info in I-539: "we will fill I-485". and all was successful
     
    Last edited: May 24, 2016
  15. EURO2014

    EURO2014 Well-Known Member

    This looks like a "can of worms" for an otherwise relatively straight forward DV application: you may file your I-485 while the I-539 is pending, but USCIS will adjudicate the I-539 first, I believe. If they approve it, then there is no problem (from this side). If they deny it, you will continue to be in a period of authorized stay (i.e., not accruing unlawful presence) due to your timely-filed I-485, but you will not be eligible for adjustment of status because you will not be in any valid non-immigrant status. If that happens, you would have to complete the immigrant visa process abroad at the U.S. consulate in your home country. Depending on the timing of all of this, you may have ended making a rather simple process pretty complicated. As with other things in life: your choice.
     
    McClaud likes this.
  16. Sm1smom

    Sm1smom Super Moderator

    Yes, you may file an I-539 for extension, and yes, we know of others who have done the same. Just be aware approval for the I-539 is not a slam dunk case.

    I gave you what I consider a less complicated, less stressful solution, but your case, your call.
     
    McClaud likes this.
  17. McClaud

    McClaud Member

    many thx, I understand than CP seems easier then AOS, but I really have my reasons, it's complicated.
    I only wanna know exactly this way is legal and possible
     
  18. EURO2014

    EURO2014 Well-Known Member

    I feel the information you received was rather clear, complete(and for free) - the decision is yours alone. You may want to keep in mind that the immigration lawyer you consulted with may have a vested interest in all of this as well. Good luck!
     
    McClaud likes this.
  19. McClaud

    McClaud Member

    Thx again!
     
  20. EURO2014

    EURO2014 Well-Known Member

    De nada. You are welcome.
     

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