Sm1smom
Super Moderator
OP can’t AOS if not currently based in the US in a valid status.
Law Offices of Rajiv S. Khanna, P.C.
DV 2021 ALL SELECTEES
- Thread starter Trintous
- Start date
OP can’t AOS if not currently based in the US in a valid status.
No, we are currently based outside the US. We may sacrifice our jobs and move to Guam/the US if we change to AOS. So it is a big struggle.
we are currently based outside the US. We may sacrifice our jobs and move to Guam/the US if we change to AOS. So it is a big struggle.
Thank you. Were you based outside the US before AOS?
Sarah S
Member
No I had valid F1 visa. I was in US by the time I got selected.
Sm1smom
Super Moderator
So that makes you AOS ineligible.
budayg
New Member
Hello Everyone
Does anyone know whether they will check if an applicant has any kinds of loans and if this could play a part in accepting or rejecting the applicant at the end? Also, if you are one person that was selected in the DV lottery for further processing, is there still a rule that you need to have about 10,000 USD at the time of your interview?
Thanks for your answers in advance!
Does anyone know whether they will check if an applicant has any kinds of loans and if this could play a part in accepting or rejecting the applicant at the end? Also, if you are one person that was selected in the DV lottery for further processing, is there still a rule that you need to have about 10,000 USD at the time of your interview?
Thanks for your answers in advance!
May I ask why? If they enter with a valid visa they can go the AOS route, right?
Sm1smom
Super Moderator
No they cannot enter the US on a NIV with a preconceived intent of filing AOS, that is considered a fraudulent misuse of a NIV.
AOS is intended for people already residing in the US prior to the decision to file AOS was made. In addition, as related to DV, selectee needs to already be in the US prior to the discovery of being a DV selectee.
So someone cannot enter the country now, DV 2021 selectee, under a different kind of visa WITHOUT the intent of AOS; but in the future for X reason change his mind and adjust status? What could happen then?
I do not know anyone in that situation, I just had that doubt because I read this thread and it contradicted something I read on Visajourney. So since you guys know more than I do, I am curious.
Sm1smom
Super Moderator
Please read my response carefully. Preconceived intent of filing AOS prior to being admitted into the US is considered a fraudulent misuse of of a NIV.
In general a person could enter the US on a NIV, following which they experience a change in circumstance (after being admitted into the US), they will be okay to file AOS in that case. That is not what the OP has indicated here.
When it comes to DV2021 selectee right now, based on the current proclamation, it is obvious any such selectee who decides to enter the US is harboring a preconceived AOS intent.
And like I previously stated, for DV based AOS, there’s the clause re legally residing in the US as at the time of being selected which is required in order to be AOS eligible:
“Diversity Visa Winners Legally Residing In the United States: Apply Through USCIS
There are, however, a small number of lottery winners each year who, at the time of “winning the lottery,” are residing in the United States in a nonimmigrant or other legal status. For these winners residing inside the United States, USCIS processes adjustment of status applications.”
USCIS Diversity Visa Lotter
Gotcha!! They were told that they could get their NIV denied at the embassy because they could understand that once their number became current they would adjust status. I think they needed to travel before October so they told them that they could AOS once their number became current
Sm1smom
Super Moderator
I do visit VJ myself, and I’m yet to come across any thread where they’ve encouraged anyone to fraudulently abuse a NIV as you’ve described here, they’re pretty good at moderating that site. I’m interested in reading this thread for my self, so can you share the link or state the forum it was posted under in VJ?
SusieQQQ
Well-Known Member
If it’s the thread I’m thinking of, the person was going to apply for a student visa and was being warned of a strong chance of denial due to suspicion he would AOS from his student visa (academic year begins before the fiscal year will).
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I did not say they encouraged anyone to do so; what I read was that the embassy will think that as it is the most logical route and that they should wait to see what was going to happen with the ban and, if extended, get the F1 and then decide.
Seems to be the same one. Yes. I have been keeping an eye on it to see if they updated, now the ban is in place seems F1 is the only way to begin the academic year
Sm1smom
Super Moderator
When you wrote, “they needed to travel before October so they told them that they could AOS once their number became current”, that pretty much comes across as encouraging someone to engage in a fraudulent immigration attempt. Anyway, I guess you wrongly worded the discussion on that thread.
Sm1smom
Super Moderator
Yeah, I saw that thread too.
"Given the school could start (or not) in August and they can’t start issuing DV visas before October 1, F1 would be common sense. You’d then have to watch your DV number and go AOS route." That was one of the answers. I just went back to take a look.
That being said, I did not mean to imply that, I did not even remember that question.
They could go AOS after 90 days I think. I read the USCIS link you posted and it is not listed under the eligibility criteria
Sorry for the long reply, I want to address what's being said.
As to what will happen with my DV selection?: I am currently trying to figure out if I can officially give it up or if I only have to NOT fill the DS260 and NOT move ahead with the process. I have not find that out yet.
For the interview and overcoming the immigrant intent assumption: I will have to take the risk. The truth is that I have not filled the DS260 so I do not have immigrant intent. I applied for the DV a year ago when my circumstances were A LOT different than they are now, now my studies take preference (back then I did not even think I could get into the college I wanted, let alone with a scholarship).
It was my post and I remember you commenting on it, Susie (thank you for your help).
I actually needed to travel the first week of August, it is not happening now because I can't get my F1 until embassies open so it will have to be January. What I understood was that, since I could not wait until the fiscal year began, I could travel and then decide. We all know a lot of things can change and you can go without the intention and then that can change (we see that all the time with J1s that get married for example). I did not take it as encouraging me to engage in a fraudulent immigration attempt.
I have not been able to log into my account. I tried to change my password and the confirmation email never arrived. Anyways, I have decided to give up my 2021 DV and just do the F1. I have gotten a much better opportunity than I even had initially and I can't just let it go.
Yes, I was told that I COULD potentially fill for an AOS as long as 90 had passed since I entered the country. It is, however, not my intention. I just DO NOT want to jeopardize my studies. They are the only sure thing I got now and I got that opportunity on my own and as an individual (not in a lottery, I mean). The only way I would have done the DV would have been through the embassy.
As to what will happen with my DV selection?: I am currently trying to figure out if I can officially give it up or if I only have to NOT fill the DS260 and NOT move ahead with the process. I have not find that out yet.
For the interview and overcoming the immigrant intent assumption: I will have to take the risk. The truth is that I have not filled the DS260 so I do not have immigrant intent. I applied for the DV a year ago when my circumstances were A LOT different than they are now, now my studies take preference (back then I did not even think I could get into the college I wanted, let alone with a scholarship).