Discussion in 'Lottery Visas - DV' started by Sm1smom, May 2, 2017.
Thank you. You're very helpful.
Question 2 on the I-485 asks if I am applying based on INA section 254 (i) ? If I am a student on an F1 visa applying for AOS, what is the answer?
Also, I sometimes work on campus on and off. Do I need to mention that on my employment history? I didn't have do any paperwork for most of these. Like assisting a professor with grading, helping receive guests, ....
1) Most likely NO, see http://forums.immigration.com/threads/dv-2018-aos-only.336256/page-30#post-2461724
2) I don't know the answer to that
I've clicked through this thread and I can't find any answers for my unique situation. Basically, my husband's company had already applied for Employment-Based green cards for both of us in March 2017, and I won the DV Lottery in May. My number looks like it will be current early next year, and it seems like the DV path will end up being much quicker than the employment path (they are still only processing applications from June 2016 right now, and it looks like it'll get slower with the new I-485 interview policy). This means that we're currently on EADs and Advance Parole rather than visas while our AOS is pending.
I'm wondering if we are eligible to pursue both avenues at the same time?
Yes you are. Your status is still valid.
I-485 FORM: PART 2. APPLICATION TYPE OR FILING CATEGORY
3. Receipt Number of Underlying Petition (if any): Do we have to put DV case number ?
4. Priority Date from Underlying Petition (if any): Which date ? or October 2, 2017?
1. 1.g Additional Options Diversity Visa Program.
2. Not applicable to DV cases.
3. Same as 2 above.
Thank you a million for your precious help so far.
As I am wrapping up my AOS package preparation, and while waiting for October visa bulletin, kindly can you confirm the following:
1. My case number is 2018AF10xxx. It will hopefully become ready for an interview in November. I wanted to include the sample cover letter from the AOS Excel sheet. Kindly could you confirm the paragraphe below from the cover letter is correct?
"My package is being submitted on the basis of the Diversity Visa cut off number listed on the Advanced Notification section of the October 2017 Visa Bulletin, the priority date for my case number is November 1st, 2017. The USCIS Policy Memorandum of August 9th, 2013 (hereby attached) supports my early filing."
2. In form I-485 they request that we mention N/A for any text field that doea not apply, and NONE for numerical fields. I have also read in some posts that it would be better to leave these empty. Kindly can you confirm to me which way to go?
Thank you again
1. I don't know if your CN will become current for filing in Nov or not, but if it does, yes that statement is accurate. Just bear in mind, the memo and/or cover letter does not automatically guarantee package acceptance or petition approval when filed prior to the actual CN current month.
2. I can't make a general comment on this (your question is rather broad) except to say follow the guidance from the I-485 instruction form. Having said that, I will go ahead and say fields related to personal names can be left blank as you don't want anything you write there to be considered a part of your name.
Thank you for your response.
1. I am currently filling out I485 electronically, on page 2, question 23.c. I tried to enter my status as it shows on my I 94, "F1", but the field is not accepting numerical values, so now I am not sure if my answer is correct. Should I type my answer in letters "F ONE"?
2. On page 2, question 23.b. on my I94 the expiration of my stay is "D/S", but this field is only accespting a date format entry. Should I just hand write it after I print out the form?
Thank you a lot
I had similar issues. It was related to PDF reader I was using. Some fields worked properly only in Acrobat Reader (e.g. A-#, probably due to the fact that entry is propagated into other pages) but didn't accept numerical values or '-'. I used Evince, but it only works on Linux and older Windows (https://wiki.gnome.org/Apps/Evince/Downloads). Nevertheless, remember that in the end you print the i-485 form. You can always take a black pen and fill in the gaps
1. I wrote 'Student'
2. I wrote the date from I-20: Program End Date (page 1)
Just to make sure you know that with AOS your interview will not necessarily happen in the month you're current, it could be months later in some instances.
Thank you for your response, mom.
My wife and I are on F1/F2. our CN is: AF29xxx.
My question is related to a potential event of death of an immediate family member and the possibility to leave the US to attend the funeral.
1. If I submit DS260 under AoS, how can I travel home and comeback to the US without jeopardizing my AoS processing ?
2. If I submit DS260 and choose CP, would I be able to re-enter the US on F1 (to finish the semester) without jeopardizing the CP process?
1. I don't know 'how'. You'll have to figure that out yourself. But I remember telling you back in May (I think?) your CN isn't likely to become current soon and you shouldn't be in a rush to submit the DS260 form.
2. You should.
I apologize if this info has been already known by anyone, but I found this very important for those applicants, who are going to file their DS-260 and I-485 forms after recent return to the the U.S.:
There is no more 30-60 days rule. If you want to file the petition to adjust status, you need to wait at least 90 days, otherwise it's assumed that you lied about the purpose of your travel at the port of entry.
(U) Inconsistent Conduct Within 90 Days of Entry:
(a) (U) However, if an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry, as described in subparagraph (2)(b) below, you may presume that the applicant's representations about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa or entry. To make a finding of inadmissibility for misrepresentation based on conduct inconsistent with status within 90 days of entry, you must request an AO from CA/VO/L/A. As with other grounds that do not require a formal AO, the AO may be informal. See 9 FAM 304.3-2.
(b) (U) For purposes of applying the 90-day rule, conduct that violates or is otherwise inconsistent with an alien’s nonimmigrant status includes, but is not limited to:
(i) (U) Engaging in unauthorized employment;
(ii (U) Enrolling in a course of academic study, if such study is not authorized for that nonimmigrant classification (e.g. B status);
(iii) (U) A nonimmigrant in B or F status, or any other status prohibiting immigrant intent, marrying a United States citizen or lawful permanent resident and taking up residence in the United States; or
(iv) (U) Undertaking any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment.
(3) (U) After 90 Days: If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status more than 90 days after entry into the United States, no presumption of willful misrepresentation arises. However, if the facts in the case give you reasonable belief that the alien misrepresented his or her purpose of travel at the time of the visa application or application for admission, you must request an AO from CA/VO/L/A. (See 9 FAM 302.9-4(C)(2)).
Thank you Mom.
1. for a CN that is likely to be current in, say, May 2018, what would be the latest that one should submit the I-485 (& DS-260) so that it is processed timely, i.e. as if the I-485 was submitted upon DV selection in May 2017?
2. same question in case of CP: what would be the latest to submit the DS-260, so that case is processed and ready for interview to be scheduled upon number becomes current?
Thank you for this update.
1. If one chooses CP, while on F1/2, should he be concerned about this 90-day rule (from date of re-entering the US) before submitting DS-260?
Separate names with a comma.