SusieQQQ
Well-Known Member
Do you have actual green cards yet or immigrant visas? Is your daughter back home now? What is your home embassy?
DV 2020 All Selectees
- Thread starter Sm1smom
- Start date
We have entered the US to activate, but waiting on our physical GC. Our daughter has returned from the US (we are in Australia).
SusieQQQ
Well-Known Member
Ok, you’ve left it very late. Did you not discuss what to do with her case with the CO when you interviewed without her? I’d suggest you contact Sydney embassy ASAP to see if they can add her to your case and schedule an interview before fiscal year end. Technically no new DV visas can be issued under the current ban but there is a small (probably very small) chance that because she’s a derivative on your case they will do it. (It would have been so much easier if your daughter was still in the US and could adjust status as F2A without having to worry about time constraints or visa bans...).
Thanks for your help. It was mentioned prior to our interview (so they knew she would not be there on the day) and discussed again at our interview. I did ask about her being processed in the US and they advised I had to be there with her, so it wasn't possible. As we were interviewed on the last day before the consulate stopped interviewing we were unsure what our options were going to be with no more interviewing. I will contact the consulate asap.
SusieQQQ
Well-Known Member
So are you saying you interviewed back in March? If she was interviewing for DV it would have been tricky to do it in the US yes, but once you got your green cards you could have immediately have filed F2A for her and because the category is current she could have filed for AOS immediately. Unfortunately this is no longer an option as she has to already be in the US to adjust.
If the embassy cannot issue her a DV visa then F2A will be your only option, but will be trickier now that she isn’t in the US - likely 1-2 years wait for a visa. A parent will presumably have to stay behind in Australia with her (get a re-entry permit so the parent’s green card isn’t jeopardized) if you can’t leave her alone - unless something like having her stay in dorms in uni is an option and she can be with you over vacations.
Not sure if anyone else will have any other ideas.
Sm1smom
Super Moderator
OP’s daughter would have been able to file a DV based AOS if the parents had immediately entered the US as soon as they got their visa without going the F2A route, that option is no longer on the table since the daughter is no longer in the US.
I agree the way forward now is F2A with one parent getting a re-entry permit which will enable them to stay back home with her while waiting for her priority date to become current.
There is no legal age to live on your own, in Australia- she can very much stay behind.
SusieQQQ
Well-Known Member
I’m assuming they mean they don’t want to because of her age, not a legal issue. I do think dorming in this situation is a decent solution tbh, after all many many students attend uni internationally every year so it’s hardly unusual, and she’ll have the advantage of knowing how things work where she is anyway (and presumably friends and family to call on).
I agree, but I went off their verbiage "won't be able to", as opposed to "don't want to"
Aidyn
Well-Known Member
Legally being able to do it is one thing, financially being able to do it is another.I agree, but I went off their verbiage "won't be able to", as opposed to "don't want to"
And on the legality - while there is no actual law around this, his/her parents are still responsible for him/her until reaching the age of 18 - should the police be called, if they deem living arrangements/circumstances dangerous they will return the minor to their parents.
But as Susie said, I'm sure its more around not wanting to leave their child behind when they move
SusieQQQ
Well-Known Member
I can get as pedantic as the next person (well, usually much more than the next person tbh) but when its kind of obvious what they mean I tend to give it a pass...
What do you expect to happen for DV2020 when the EO is still active? VB still has to come out and DV numbers will still become current for those that can proceed through AOS.
If the EO is still active why they start the interviews for DV21 before 31 Dec 2020
SusieQQQ
Well-Known Member
Just like DV2020 currently in the US are still able to adjust status.
George1985
New Member
Hello to everyone here. Idk if this subject was discussed here , but I have a question or two. I arrived to the states a week ago on my b1/b2 visa from a country in Europe that has no any restrictions. I’m a dv2020eu selectee, is there any chance to do the aos since I’m in the states?Or is there anything I can do about my status considering the current situation?I filled the ds260 in April and sent the documents, but I never received the confirmation that my docs and ds form were processed. Thank you in advance.
Xarthisius
Well-Known Member
There's no way for you to overcome the 90-day rule (you wouldn't be able to overcome even the old 30/60-day rule). Filing for adjustment of status in this situation would violate your non-immigrant status and would be treated as a willful misrepresentation, which in turn would result in denial of your application.
Sm1smom
Super Moderator
Sorry, you’re not eligible to file AOS. The current immigration ban is applicable to you, you have subsequently entered the US with a preconceived intent of filing AOS which is frowned upon. Plus, you most likely wouldn’t have enough time to complete the AOS process as a matter of fact.