• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

J visa and dv2011

K

kino1960

Registered Users (C)
Hi

I just entered DV2011, then realized I still have not finished a 2-year home country residency requirement (90 days remaining). Currently I'm in the US with an E visa.

My question is, if I win the lottery, do I have 90 days to finish the requirement before the processing (AOS or CP, whichever it is)?

Or, what is the best way for me to deal with it? If it is possible, I want to stay in the US since I have a job here. I will not try to get a waiver (too risky), by the way.

Any information will be greatly appreciated!
kino1960
 
If you win you should get a letter by April 2010. Even if you get a low number you should not be able to do AOS or CP before than October 2010.

So will need to make a decision after you get the first NL (around April). What country holds you J visa?

Good luck,
 
Alvarad

Thank you so much for the info. You are saying that I should be OK if I finish the requirement by October 2010, correct? If so, it is great news!!!!

One more, you are saying that if I win the lottery, I can choose either AOS or CP around October, correct??

Again, Thank you very much, alvarad

kino1960, a Japanese national
 
You have till your interview so if your number isn't current till Jan. 2011...you have even more time, but if you haven't met the requirement you aren't eligible...90 days isn't that much, but I see your issue...you have a job over here. Btw are you allowed to have a job over here before you met your requirement? If not you could still be in trouble and USCIS will find out...if you are allowed to work before you finished your requirement you be fine...
 
bentlebee

Thank you for your information. It helps a lot! I'm in business legally here in the US (E visa=business owner), so, I should be OK as long as I finish the 2-year requirement by interviewing. Oh, well, I have to win the lottery in the first place anyway... a fat chance...
 
You have time until Oct 2011. Vacation time counts against the 2 year home residence.

You can choose AOS or COP. It will depend on your number and your preference. I did choose COP and my interview is on Dec 09. KCC made a mistake and sent me to a different country (after buying 4 expensive non refundable tickets) so I had to call them to fix it. I will post something soon so people will know what to do in this case.

Good luck,
 
alvarad

Thank you for the additional info. Yes, 2-year includes only the days of being in your home country on which my calculation is based.

So, you are saying if your number is high (less chance to win), you should choose CP, rather than AOS, correct? I guess it's because you don't have much time for processing if you get a high number...
 
Yes you are right remember that DV is a race against time and number of visas. So the sooner the better. However, CP has some other possible complications that you need to balance.

What country are you from?
 
Alvarad is so right....AOS in Tampa, FL is 4 months...with a high number that might become a serious issue.
 
bentlebee said:
Alvarad is so right....AOS in Tampa, FL is 4 months...with a high number that might become a serious issue.
Click to expand...

Again, whatever is shown in the processing times for the field offices is not applicable to DV cases because the sunset applies to AOS for DV cases.

A simple way to show you how wrong you are with that statement, that you have mentioned in this and other threads, is that NY City Field Office currently displays January 23, 2009 for I-485 cases. Do you really think that 2009 DV cases filed on or after January 23, 2009 in NY Field Office were not processed? Come on!
 
Last edited by a moderator:
i2009 said:
Again, whatever is shown in the processing times for the field offices is not applicable to DV cases because the sunset applies to AOS for DV cases.

A simple way to show you how wrong you are with that statement, that you have mentioned in this and other threads, is that NY City Field Office currently displays January 23, 2009 for I-485 cases. Do you really think that 2009 DV cases filed on or after January 23, 2009 in NY Field Office were not processed? Come on!
Click to expand...

I don't go by your assumptions, but by what USCIS is stating and what is showing. Some field offices are very quick and others are very busy and it take longer...if that wasn't true, every one should choose or AOS and save them self a flight ticket to go to do CP....careful what you advise or say, others might think they have time enough to do AOS, while in reality AOS might be more time consuming!
 
bentlebee said:
I don't go by your assumptions, but by what USCIS is stating and what is showing. Some field offices are very quick and others are very busy and it take longer...if that wasn't true, every one should choose or AOS and save them self a flight ticket to go to do CP....careful what you advise or say, others might think they have time enough to do AOS, while in reality AOS might be more time consuming!
Click to expand...

I think that it is you the one who has to be careful of what you advice or say without even thinking. AOS and CP both have pros and cons and everyone needs to evaluate what is best or what risks they are willing to take. Your many assumptions can push people to take a route that could be totally wrong.

I just showed you an incoherence in your assumption but you still don't understand...
 
bentlebee and i2009

I think you guys are both pointing at the same issues -- AOS can take much more time than you expect. I believe that the important thing is to consult with an immigration attorney when you choose AOS or CP (if you get a NL!). This is because you are already in the US, having your immigration record at USCIS, and you may have unknown issues for processing. If you do, your processing can take so much time. For example, I had a J visa that required me to stay in my home country for two years before I apply for a GC. If I didn't know about it and hadn't fulfilled the requirement, I wouldn't be able to get through the processing in time.

An attorney may cost some money, but I think it's worth it....
 
Last edited by a moderator:
kino1960 said:
bentlebee and i2009

I think you guys are both pointing the same issues -- AOS can take much more time than you expect. I believe that the important thing is to consult with an immigration attorney when you choose AOS or CP (if you get a NL!). This is because you are already in the US, having your immigration record at USCIS, and you may have unknown issues for processing. If you do, your processing can take so much time. For example, I had a J visa that required me to stay in my home country for two years before I apply for a GC. If I didn't know about it and hadn't fulfilled the requirement, I wouldn't be able to get through the processing.

An attorney may cost some money, but I think it's worth it....
Click to expand...

Hello kino1960,

I am sorry for these messages and all the confusion. Just so you know, I am not favoring AOS or CP processing. I know that's a decision that has to be made by the applicant and/or his attorney.

What I am arguing about is regarding that statement that the Field Offices are taking 4 or more months. Nobody knows exactly how long they are going to take, sometimes it does not even depend on the Field Office but the Immigration Officer that takes the case.

That supposition that the Processing Times in the USCIS website apply to DV cases is incorrect and may be misleading. Because it is misleading is why I am pointing it out.
 
masematn

If you are denied your visa application once, you have to state the denial every time you apply for any kind of US visa afterward -- there is a question if you have been denied a visa application in the past on the applicaiton form. You definitely want to avoid it.

If you had a J visa with a government funded program (Fulbright, for instance), you are most likely to get denied a visa without fulfilling the 2year home residency even if you submit all required documents for a waiver, such as the "no objection statement."

FYI, go to Murthy's forum and search "fulbright."

Hope it helps
 
kino1960 said:
If you had a J visa with a government funded program (Fulbright, for instance), you are most likely to get denied a visa without fulfilling the 2year home residency even if you submit all required documents for a waiver, such as the "no objection statement."
Click to expand...

These are two different stories. Visa denial is something that stays with you, while residency waiver denial is a harmless disappointment. In your earlier post you said that applying for the waiver was too risky, that's where my question came from. Now I see that you meant something else.
 
You must log in or register to reply here.
Top