DV 2021 AOS Only

[Sm1smom]

Hello,
I saw two weeks ago that I won the dv2021. However, now I don’t know what to do and that’s because I came here as a visitor but some circumstances lead me to file for asylum. My asylum case is still pending and now I won the lottery and I don’t know if I qualify for an adjustment of status, I don’t know if I should go with the CP process.
The point is I’m really lost and kinda sad.
Have you ever encountered a case like that?
What are my options and what should/could I do?
Any help or opinion would be appreciated.
Thanks

Based on the information provided, you’re not eligible to file AOS as you don’t have a status to adjust from. You may stand a chance with processing CP from your home country or a third party country you can lay a legitimate claim to.

 

[MILAT89]

Hi

My CN:EU00018XXX

I am currently doing my Ph.D. in the US. This FY, I filled tax return with an accountant and despite I told her that I am a non-resident, she said you are still considered a student and she filled a different form that I formed in the previous year. So, I receive a nice tax refund and I also receive the stimulus check due to COVID. I am worried about what if the accountant filled the wrong form and it negatively affects my AoS process. Any thoughts?

Any thoughts on the next VB on August that will have information about FY2021?
Do you think that since the CP is already banned and no one outside of the US can apply for a DV visa, plus USCIS has a money issue, which runs with fees-only, is there any possibility that DS could keep the range of CN wide? I know we do not know and will not know until VB on August releases but I was just wondering your thoughts. Thanks.

How long have you been in the US? If you have been present in the US for 5 calendar years, you can file your taxes as a resident-alien even if you are on F-1 visa (as long as you pass the Substantial Presence Test). In that case, you are probably eligible for the refund you received. That's all I know about this issue. As Mom said, better to consult a tax expert.

 

[Chuchuaaa]

Hi,

My spouse and I are both F-1 students and I'm the primary applicant for DV2021. For some complicated reasons, my spouse might need to change status from F-1 to F-2. Is he eligible for AOS while his I-539 is pending? Or we will have to wait until his I-539 being approved and he is officially an F-2 before we file I-485?

Thank you.

 

[SusieQQQ]

Hello,
I saw two weeks ago that I won the dv2021. However, now I don’t know what to do and that’s because I came here as a visitor but some circumstances lead me to file for asylum. My asylum case is still pending and now I won the lottery and I don’t know if I qualify for an adjustment of status, I don’t know if I should go with the CP process.
The point is I’m really lost and kinda sad.
Have you ever encountered a case like that?
What are my options and what should/could I do?
Any help or opinion would be appreciated.
Thanks

Where would you process CP? If you have claimed asylum you are presumably unable to return to your home country. Embassies usually require you are either a national or or legally residing in a country to be able to do CP there.

 

[Sm1smom]

Hi,

My spouse and I are both F-1 students and I'm the primary applicant for DV2021. For some complicated reasons, my spouse might need to change status from F-1 to F-2. Is he eligible for AOS while his I-539 is pending? Or we will have to wait until his I-539 being approved and he is officially an F-2 before we file I-485?

Thank you.

Since you already have some complicated reasons necessitating your spouse pursue a COS, my suggestion would be to get that taken care of first. Ensuring he has an unquestionable legal status prior to filing AOS is the approach I would go with.

 

[Sm1smom]

Dear all,

I'm an F1 student and intend to do AOS for DV2021. I have two questions, one is about DS-260 and one is about I-485. Any feedbacks are appreciated!

1. I understand DS-260 is not required for AOSer but it is highly recommended. I have not started filling DS-260 yet, but I've read the DS-260 example PDF that DoS provided to prepare my answers. However, I did not see anywhere in the DS-260 example that I could specify that I want to do AOS. Did I miss something?
2. In I-485 Part. 8 Q.25 & 27, “Have you Ever been cited….” and “Have you EVER pled guilty….”
   1. Are non-moving violations (e.g. parking tickets) classified as citations?
   2. If yes, is there a way to look up the record of citations (especially parking tickets)? My husband and I drive my car or his car alternatively. There was one parking ticket that we were not sure which car was issued.
   3. Is paying a parking ticket fine a “plea of guilty”?

Thank you all in advance!

1. You will see it on the first page of the actual form - the sample PDF does not display it.
2a. I would say save yourself the headache of trying to get technical with this and simply answer YES to the have you EVER been arrested, cited, charged, or detained ... question. Answering yes does not equate to an automatic denial.
2b. Check your email history perhaps? Although I don’t think specific information as to the vehicle involved is required in the explanation.
2c. It could arguably be interpreted as a no contest plea.

p.s. avoid the demonstration of an immigrant intent until the issues surrounding your spouse’s status gets resolved

 

[Troy123]

Hello Everyone!

Yesterday, I got a traffic ticket for over speeding for the very first time in my life. I was driving 63/35 according to the officer. Please don't judge me quickly but there were two speed limits of 35 and 65 within a half a mile distance and a down hill towards the highway which lead me to over speed unknowingly. The policeman has given me ticket worth $285.00 and a date to appear in court. So, my questions are as follows:
1. Although this may not be the purpose of this group, would over 25 mph automatically considered a reckless driving?
2. How would this situation impact my DV AOS application? Do I have to report it to the USCIS/DoS?

Thank you for your time and consideration.

 

[Chuchuaaa]

1. You will see it on the first page of the actual form - the sample PDF does not display it.
2a. I would say save yourself the headache of trying to get technical with this and simply answer YES to the have you EVER been arrested, cited, charged, or detained ... question. Answering yes does not equate to an automatic denial.
2b. Check your email history perhaps? Although I don’t think specific information as to the vehicle involved is required in the explanation.
2c. It could arguably be interpreted as a no contest plea.

p.s. avoid the demonstration of an immigrant intent until the issues surrounding your spouse’s status gets resolved

Thank you so much @Sm1smom for answering my previous questions as well! I really appreciate it.

My spouse sent his STEM OPT application, but the package was rejected after his initial OPT EAD expiration date. The reason for the rejection was he used an outdated I-765. After consulting with the designated school official, he decided to fix the error and re-submit his STEM OPT application despite it has passed the initial OPT EAD expiration date. We understand that his application might still get rejected, or the USCIS might accept the package but deny it eventually. His grace period of initial OPT will end in mid-September.

Our back up plan is to change his status from F1 to F2. Will it be better to NOT submit DS-260 until he successfully changes to F2? If yes, do we need to wait for another 90 days after his status is changed?

Thank you again in advance! Can't tell how much I appreciate the existence of this forum and suggestions from moderators.

 

[onero]

How long have you been in the US? If you have been present in the US for 5 calendar years, you can file your taxes as a resident-alien even if you are on F-1 visa (as long as you pass the Substantial Presence Test). In that case, you are probably eligible for the refund you received. That's all I know about this issue. As Mom said, better to consult a tax expert.

This is my 4 year on F1 in the US. But in 2 of these years, I did not have SSN. I got a SSN because I work as Graduate Teaching Assistant since 2018.

I mean what if there is a mistake on my tax return? Would it cause problems for my DV process?

 

[coffeemonster]

Hello Everyone!

Yesterday, I got a traffic ticket for over speeding for the very first time in my life. I was driving 63/35 according to the officer. Please don't judge me quickly but there were two speed limits of 35 and 65 within a half a mile distance and a down hill towards the highway which lead me to over speed unknowingly. The policeman has given me ticket worth $285.00 and a date to appear in court. So, my questions are as follows:
1. Although this may not be the purpose of this group, would over 25 mph automatically considered a reckless driving?
2. How would this situation impact my DV AOS application? Do I have to report it to the USCIS/DoS?

Thank you for your time and consideration.

1. Generally no, unless it happened in Virginia, where the rules are frankly bizarre. But you'll have to check specifically for your state just to make sure. Did he say that you can avoid a court appearance by paying the fine? That's usually how it works, and if that's the case here, then I doubt you're being charged with a crime. Look on the ticket to see if there's a box he ticked that says "violation" or "infraction" as opposed to "crime".

2. There's a section in the I-485 for this. If you check the instructions for that form, it explains under what circumstances additional documention is required for traffic stuff. I presume you need to disclose it on the form though regardless. It's a section I'm not looking forward to because I've had a few tickets myself...

 

[fauchc]

Hello everyone,
questions about equivalency evaluation for I-944:

1. Do I need equivalency evaluation even for my high school diploma or it applies only for academic degrees?

2. I have a Bachelor, Master and PhD degree all from my home country: do I need evaluation for all of them or having evaluated just the highest (PhD) is enough?

 

[rabey]

Hello everyone,
questions about equivalency evaluation for I-944:

1. Do I need equivalency evaluation even for my high school diploma or it applies only for academic degrees?

2. I have a Bachelor, Master and PhD degree all from my home country: do I need evaluation for all of them or having evaluated just the highest (PhD) is enough?

1. Evaluation of High School diploma is not required.
2. If you planning to include all of them in I-944, then yes, you need evaluation for all of them.

 

[Sm1smom]

1. Evaluation of High School diploma is not required.
2. If you planning to include all of them in I-944, then yes, you need evaluation for all of them.

1. We’ve seen some FOs send ILs that specifically says to attend the interview with an evaluated copy of the HS diploma (in addition to the diploma itself). So yes, it is generally not required but some FOs have requested it.

 

[fauchc]

1. We’ve seen some FOs send ILs that specifically says to attend the interview with an evaluated copy of the HS diploma (in addition to the diploma itself). So yes, it is generally not required but some FOs have requested it.

Thank you @rabey and @Sm1smom.

So basically I can wait to request an evaluation for my HS diploma for now and do it only if it will be requested for the interview, correct?

 

[Chuchuaaa]

Thank you so much @Sm1smom for answering my previous questions as well! I really appreciate it.

My spouse sent his STEM OPT application, but the package was rejected after his initial OPT EAD expiration date. The reason for the rejection was he used an outdated I-765. After consulting with the designated school official, he decided to fix the error and re-submit his STEM OPT application despite it has passed the initial OPT EAD expiration date. We understand that his application might still get rejected, or the USCIS might accept the package but deny it eventually. His grace period of initial OPT will end in mid-September.

Our back up plan is to change his status from F1 to F2. Will it be better to NOT submit DS-260 until he successfully changes to F2? If yes, do we need to wait for another 90 days after his status is changed?

Thank you again in advance! Can't tell how much I appreciate the existence of this forum and suggestions from moderators.

Sorry for posting more questions. We are exploring as many scenarios as possible...

The other possibility is that my husband returns to our home country and waits until I successfully adjust my status here in the U.S. then he can have his interview there. My case number is AS5XXX, and I'm assuming I can submit my AOS package in the first couple of months of FY2021.

However, I'm having difficulties finding out what the exact process would be. According to the DoS webpage, I have to request USCIS to notify the U.S. Embassy or Consulate to arrange an interview for my husband.

1. Has there been any previous applicant who successfully had their derivatives interview separately (oversea)?
2. How do I make such a request?
3. How long does it take to have the USCIS notify Embassy or Consulate?
4. Where does my husband submit his documentation to?

Thank you all again! Any feedbacks are appreciated.

 

[rabey]

Thank you @rabey and @Sm1smom.

So basically I can wait to request an evaluation for my HS diploma for now and do it only if it will be requested for the interview, correct?

What mom is telling is HS evaluation is not required but some IO in past asked to bring the HS evaluation to the interview. But if that the case you will have some panic at the last moment(because evaluation report takes few days to arrive or you have to pay extra to be evaluated within 24hrs) or you can avoid the problems by including HS evaluation along with your AoS package (btw that's what I did)

 

[fauchc]

What mom is telling is HS evaluation is not required but some IO in past asked to bring the HS evaluation to the interview. But if that the case you will have some panic at the last moment(because evaluation report takes few days to arrive or you have to pay extra to be evaluated within 24hrs) or you can avoid the problems by including HS evaluation along with your AoS package (btw that's what I did)

Got it, thanks.

 

[SusieQQQ]

What mom is telling is HS evaluation is not required but some IO in past asked to bring the HS evaluation to the interview. But if that the case you will have some panic at the last moment(because evaluation report takes few days to arrive or you have to pay extra to be evaluated within 24hrs) or you can avoid the problems by including HS evaluation along with your AoS package (btw that's what I did)

Yes, always better to over-prepare than under-prepare.

 

[SusieQQQ]

Sorry for posting more questions. We are exploring as many scenarios as possible...

The other possibility is that my husband returns to our home country and waits until I successfully adjust my status here in the U.S. then he can have his interview there. My case number is AS5XXX, and I'm assuming I can submit my AOS package in the first couple of months of FY2021.

However, I'm having difficulties finding out what the exact process would be. According to the DoS webpage, I have to request USCIS to notify the U.S. Embassy or Consulate to arrange an interview for my husband.

1. Has there been any previous applicant who successfully had their derivatives interview separately (oversea)?
2. How do I make such a request?
3. How long does it take to have the USCIS notify Embassy or Consulate?
4. Where does my husband submit his documentation to?

Thank you all again! Any feedbacks are appreciated.

View attachment 1880

1. Yes, it’s been done. You can search user KK2019’s posts to see how it can be accomplished even in a rush right near the end of the FY.
2. You inform at your AOS interview (it will also he indicated in the appropriate fields on the ds260 iirc). You do need to be proactive.
3. How long it takes to transfer the case depends on your FO, the consulate concerned (busier consulates will take longer to schedule interviews) and your being proactive to make sure your FO has sent the file and that the consulate has received it and will schedule an interview.
4. Your husband will submit his documentation at the consulate he interviews at, they are the ones who will issue his visa.

 

[ausdoughnuts]

I'm currently on F1 initial OPT status until July 2021, because this is a nonimmigrant intention visa will any problems arise when I submit the DS-260 as this will show immigration intent?
- Will my current OPT be canceled?
- Or will my current OPT still be valid until July 2021 while in the process of getting a green card?