Discussion in 'Lottery Visas - DV' started by Sm1smom, May 2, 2017.
Thanks a lot, Simon !
Following up on this, a specific question worries me on the DS-2019 request form:
“Do you have any pending application with US immigration? If yes, please provide copies of immigration receipts.”
1/ How should I answer this question? Should I say yes and give a receipt of my DS-260 submission or something else?
2/ In light of this, are you REALLY certain that renewing my DS-2019 will not interfere with the DV process?
3/ Worst case scenario I could reenter the US as a tourist, then renew my DS-2019, then cross the Mexican or Canadian border and reenter on my J1, right?
What are you doing? DV-2019 isn't opn for registration yet - don't apply through any other site!
They're on J visa. It's DS2019 not DV2019
Ahhhh - thanks. DV-2019 on the mind.
It’s an honest mistake, but yes, my current concern is with my DS-2019 (the document that contains the travel signature allowing a J1 VISA holder to reenter the US).
It's for the case my CP interview does not go well and I have to return to the US on my J1.
So you'd be entering on a tourist visa/VWP with the intent of doing something other than just being a tourist. Not allowed. Therefore could quite possibly lead to problems later.
Maybe you should speak to an attorney or someone else finessed in all this. We do straightforward DV here in this forum.
I did not see it that way, but you're right, Susie. Thanks for enlightening me! So my worst case scenario is not even an option.
This brings me back to my original question of how to safely renew my DS-2019 while in the DV process and most specifically whether the DV process is considered as "a pending application with US immigration". My guess is that it is, but what I do not know is what specific part of the DV process can be considered as an "application" aside from the DS-260. I was under the impression that once you received your 2NL you were somehow safe in terms of double-intent. In the meantime, I do not know the possible ramifications and legality of checking no to the question asking me if I have any pending applications with US immigration when revewing my DS-2019.
As for consulting an attorney, I thought most of them were not conversant in all matters related to the DV process, I mean, not as much as you guys on the forum... So I do not know about that...
I chose CP over AoS because it seemed faster and less risky, but now I am not so sure about the latter
I didn't mean attorney about DV, I meant about your plan of entering as a tourist to convert to J1. And they should know in general terms about immigrant intent on non immigrant visas even if they are clueless about DV specifically.
Oh, I see ! Yes they should know about that.
I was thinking just now that I could actually renew my DS-2019 once in Paris if the interview did not go well. I think that's what I'll do. It is risk-free.
Technically speaking your DS260 form submission IS considered as having a pending application with US immigration especially considering the fact that you will not be submitting any other form for CP, you're basically waiting to be scheduled for an interview. So you will need to answer 'Yes' to that question on the DS2019 form.
Receiving your 2NL does not mean you're somehow safe in terms of double intent. That as a matter of fact is a strong demonstration of your immigrant intent which tells the embassy a subsequent NIV petition from you should be thoroughly scrutinized as there is the possibility of you staying back in the US illegally once your granted stay expires. You've demonstrated a desire to permanently live in the US.
The request for a renewal will most likely be denied. in order for you to get the NIV, you had to demonstrate, strongly convince the embassy, you plan on leaving the US at the end of your program and that you had no desire of living permanently in the US.
Now that you've demonstrated a strong desire to live in the US, you think the embassy will go ahead and renew your NIV? Not likely to happen.
Being stuck outside and unable to return to the US is one of the possible outcomes of picking CP over AOS for someone already based in the US albeit on a temporary basis.
Thank you for your insight, Mom ! This is very helpful.
Too bad the US government does not make a distinction between legal and illegal immigrant intent. You won't find many French illegal immigrants in the US, though. I'm not even sure that's a thing. Actually, any French citizen can travel "pretty much" as they please to the US without a VISA for chunks of 3 months at a time.
Quite right ! This is why it makes much more sense to do AOS than CP when you live in the US !
You'd be surprised at who is illegal in the US. Yes the Mexicans get the headlines and are the biggest source, but they released the breakdown a while ago and Brits and Canadians (Canadians!!!) feature pretty highly. Most illegals are visa /VWP overstays, not illegal border crossers.
Yes, that's surprising. I would be even more surprised if you told me that there was a high number of Brits and Canadians working here illegally.
Because there's a difference between extending your "vacations" here in the US and working illegally. I am pretty sure that most of them are financially independent (at least for the time they are in the US). They are probably just too lazy to cross the border once in a while.
Um...no, sorry. I've personally met those who are working illegally, in fact. The average brit is not in fact wealthy enough to vacation in the US for months at a time without having to work.
And guess what! I've even met a German working illegally.
Anyway,you can argue all you want about it but there is a reason that Uscis doesn't usually grant non-immigrant visas to those who have shown immigrant intent, even - gasp - if they are from Western Europe.
Well there's no such thing as "illegal immigrant intent". You either have an immigrant intent of living in the US or you don't - the general assumption as far as immigration is concerned is that every none USC interested in visiting the US is presumed to have an immigrant intent, which is why all NIV applicants, including those coming on visa waiver are required to demonstrate strong ties to their home countries before they're authorized to enter the US. The vast majority of illegal immigrants currently in the US entered the country legally but ended up overstaying.
And yes, there are illegal French immigrants in the US - these are people who over stayed their authorized stay. And no, not really, French citizens do not get to travel to the US "as they please for 3 months", no. They, like most other European nationals get to come in on a visa waiver for 90 days, and if it looks like they are abusing that privilege by spending more time in the US than outside, i.e. "visiting the US as they please" they actually loose that privilege.
Thank you Susie and Mom for clarifying things.... Maybe I will just keep living my life and forget about the lottery.... I don't know...
Out of curiosity, if you have a status valid till 2020 and you're already in US, why did you decide to do CP instead of AOS?
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