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DV 2021 AOS Only

Hi Mom,

I am happy to have seen that some of the selectees have been able to get their interviews and have been approved already, if I'm not mistaken. Although I am not very positive about my situation despite I am a very lucky person and usually things workout for me in the end even though not in the way I expected them to. My Case Number is 2021SA000041XX and I have a few questions. My number is current in the visa bulletin starting June 1st 2021. I have my packet almost ready (need to print and assemble) except for the form I-693 which I am waiting for the test results.

1. As I am still waiting for the test results regarding the medical examination and vaccination to have form I-693 ready. Should I send my packet without it and then just handle the sealed envelope and form I-693 in the interview, if I get one, or should I better wait for that to be ready and send my complete packet? My results may arrive around May 18th.

2. I know that Pending Asylum Case is not a status but that is the status I have and also the reason I should not leave the US to go the DS260 route and instead take the AOS route on the premise of being a DV selectee with a pending Asylum case. I know that it will be a decision of the Immigration Officer to consider whether or not my case being an AOS with a Pending Asylum case as my status. Also I want to provide context on my stay here because for a few months, 3-4, I was without status because if I returned to my home country I would have been put in jail by the dictatorship so I applied to the Political Asylum.

2.1 I came here as a tourist, applied for a student visa so I applied to extend my status, I received my approval of the extension a few days before the status expired. My second extension was sent 1 day late so my student application was denied and I received a letter to appeal the decision or leave the country. I could not leave the country because of recent events in Venezuela, my home country, I would have been put in jail if I went back to the country. I wasn’t sure if I could apply to political asylum so it took me and my lawyer about 3 months to submit my political asylum application with all the supporting evidence. So this means that I was without status for 3 almost 4 months.

2.2 Would this instantly disqualify me for an AOS as a DV Selectee with an Asylum case pending? There is a logical explanation on why I did not request political asylum once I arrived to the US, a year and almost 4 months after I did, because the events that made my life be in danger if I came back to Venezuela happened just a couple of months after my student application was denied and I wasn’t completely aware of the dangers until I considered the scenario of going back to venezuela.

2.3 Should I explain everything in my packet with a letter plus the I-94, 1 approved extension of stay, and then the i-797 of my asylum application or just send those documents without an explanation and hope for the best that they see that I entered legally and currently I am legal again?


I have been very stressed about this and because of that, I know I should have done this before, but the fear of failure illogically made me do nothing (which only makes sure failure happens) and I am finally doing everything needed under my control. I just sent an email requesting this lawyer's office a consultation, the ones from this forum and I hope to get an answer tomorrow on when can this consultation happen.

Nevertheless, any suggestions or comments based on your experience would be greatly appreciated Mom
 
Sm1smom said:
The CDC link I posted acknowledges the IGRA blood test for an applicant who previously received a BCG vaccination may come out positive. “Prior receipt of BCG does not change the screening requirements (as in a positive result should be followed by a chest X-ray) or the required actions (if the chest X-ray is negative is to class the applicant as having latent TB) based on those results”.

I have a nephew with no known history of TB who recently came to the US on a student visa. His IGRA blood test came back positive (he received BCG vaccine as a baby, his school was informed - he in fact presented his baby immunization records). Regardless, they classified him as having a LTBI and is currently on medication. He either agrees to go on medical or forfeit his PhD program.
Click to expand...
If I may ask mom, how is your nephew doing in going through the treatment process of the latent TB?
 
Do I need the original I-20, I797 and DS2019 or copies? I am unsure. I know that I need originals of the forms (wit wet signature) and copies of everything else, but not sure about those.
What about the certified translations, do I need copies or the original signed one?
 
misterpaul said:
As we are still waiting for our interview to be scheduled with the Brooklyn Field Office, we are now realizing (from timelines) this may be as far as late August. Unfortunately there is a wedding abroad on August 29th that we would like to attend.

Details
My wife (Primary Applicant) is on an E-3 visa. It has expired, though I-94 is still valid. LCA is valid.

Questions
1: Is Advance Parole suitable for this situation? Is it too late to get it issued anyway? (Not sure on processing time)
2: Will she be able to continue her work when returning as Parolee? (This assumes interview worst-case of September)
3: I am on H1-B. Am I correct that I do not need Advance Parole to travel?
4: Is filing fee $0 due to pending I-485?

Any other thoughts very welcome. Thanks
Click to expand...
1.Highly unlikely she would be issued an AP document in time.
2. Assuming she did get AP in time, AP simply allows you to be paroled in, it does not grant work authorization. She’d need to apply for an EAD to be able to work. As with EAD, highly unlikely it would arrive in time.
3. Correct

other thoughts: she may need to decide whether attending a wedding is worth losing a green card for. These are the kind of difficult decisions that come with immigration. Many people end up missing important family celebrations. In her shoes I would book a refundable air ticket to leave as late as possible and hope the GC comes first, but be prepared to cancel if it doesn’t.
 
DV21M said:
Do I need the original I-20, I797 and DS2019 or copies? I am unsure. I know that I need originals of the forms (wit wet signature) and copies of everything else, but not sure about those.
What about the certified translations, do I need copies or the original signed one
Click to expand...
www.uscis.gov

Checklist of Required Initial Evidence for Form I-485 (for informational purposes only) | USCIS

Please do not submit this checklist with your Form I-485. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We r
www.uscis.gov
All copies
 
Milz said:
I485 is a form
Whoever wanna be permanent resident goes thru this form
Right?
Don’t worry; copies are good
Click to expand...
Yes, but the examples it gives for the documentation required does not list our category, so I couldn't use those checklist to make sure what we need and if original or copies. It mentions "Do not send original documents unless specifically requested in the form instructions or applicable regulations." but in the instructions it doesn't list the evidence for legal presence and someone mentioned in this forum that I probably needed the originals, so wanted to double check.
 
Generous said:
Could you please clarify what do you mean here, which form? "the form on which they will stamp and send it back to me as a receipt".

I just did this:
1) Filled the form from the site, printed and put it in the envelope (mail)
2) Included postal money order receipt (USPS for 330$) with DV Case number
3) Included another SASE envelope in my original envelope

What did I miss?

I didn`t include money order customer`s receipt and USPS check with tracking numbers and information how much I paid.

@Sm1smom will appreciate your opinion on this, because if I didn't include anything I should urgently send one more DV payment fee.

Thank you!
Click to expand...
Your post is equally confusing. Did you include the money order itself or not in what you sent in? I can’t make that out from what you wrote above.
 
AndresTheVegan said:
Hi Mom,

I am happy to have seen that some of the selectees have been able to get their interviews and have been approved already, if I'm not mistaken. Although I am not very positive about my situation despite I am a very lucky person and usually things workout for me in the end even though not in the way I expected them to. My Case Number is 2021SA000041XX and I have a few questions. My number is current in the visa bulletin starting June 1st 2021. I have my packet almost ready (need to print and assemble) except for the form I-693 which I am waiting for the test results.

1. As I am still waiting for the test results regarding the medical examination and vaccination to have form I-693 ready. Should I send my packet without it and then just handle the sealed envelope and form I-693 in the interview, if I get one, or should I better wait for that to be ready and send my complete packet? My results may arrive around May 18th.

2. I know that Pending Asylum Case is not a status but that is the status I have and also the reason I should not leave the US to go the DS260 route and instead take the AOS route on the premise of being a DV selectee with a pending Asylum case. I know that it will be a decision of the Immigration Officer to consider whether or not my case being an AOS with a Pending Asylum case as my status. Also I want to provide context on my stay here because for a few months, 3-4, I was without status because if I returned to my home country I would have been put in jail by the dictatorship so I applied to the Political Asylum.

2.1 I came here as a tourist, applied for a student visa so I applied to extend my status, I received my approval of the extension a few days before the status expired. My second extension was sent 1 day late so my student application was denied and I received a letter to appeal the decision or leave the country. I could not leave the country because of recent events in Venezuela, my home country, I would have been put in jail if I went back to the country. I wasn’t sure if I could apply to political asylum so it took me and my lawyer about 3 months to submit my political asylum application with all the supporting evidence. So this means that I was without status for 3 almost 4 months.

2.2 Would this instantly disqualify me for an AOS as a DV Selectee with an Asylum case pending? There is a logical explanation on why I did not request political asylum once I arrived to the US, a year and almost 4 months after I did, because the events that made my life be in danger if I came back to Venezuela happened just a couple of months after my student application was denied and I wasn’t completely aware of the dangers until I considered the scenario of going back to venezuela.

2.3 Should I explain everything in my packet with a letter plus the I-94, 1 approved extension of stay, and then the i-797 of my asylum application or just send those documents without an explanation and hope for the best that they see that I entered legally and currently I am legal again?


I have been very stressed about this and because of that, I know I should have done this before, but the fear of failure illogically made me do nothing (which only makes sure failure happens) and I am finally doing everything needed under my control. I just sent an email requesting this lawyer's office a consultation, the ones from this forum and I hope to get an answer tomorrow on when can this consultation happen.

Nevertheless, any suggestions or comments based on your experience would be greatly appreciated Mom
Click to expand...
1. Go through the FAQ tab of the AOS process spreadsheet, then make your own decision.
2. I’m sorry I don’t have any good news for you. You were out of status as at the time of filing for the COS from visitor to student status, which makes you ineligible for filing a DV based AOS application. You effectively have no status to adjust from even though you’re currently in asylum pending. Your AOS application will most likely be denied, the decision will be based on immigration laws, and not on some logical or emotional reasons or explanations. Having a pending asylum does not mean you’re in a legal status “again”. There’s a tab labeled “Asylum Pending” on the AOS process spreadsheet, you should go through that to read more on this.
 
DV21M said:
So I saw that website but it doesn't mention our category and I was still unsure if it's copies or originals since in some cases it doesn't mention it.
Click to expand...
DV21M said:
Yes, but the examples it gives for the documentation required does not list our category, so I couldn't use those checklist to make sure what we need and if original or copies. It mentions "Do not send original documents unless specifically requested in the form instructions or applicable regulations." but in the instructions it doesn't list the evidence for legal presence and someone mentioned in this forum that I probably needed the originals, so wanted to double check.
Click to expand...
Goodness gracious!
 
Generous said:
Could you please clarify what do you mean here, which form? "the form on which they will stamp and send it back to me as a receipt".

I just did this:
1) Filled the form from the site, printed and put it in the envelope (mail)
2) Included postal money order receipt (USPS for 330$) with DV Case number
3) Included another SASE envelope in my original envelope

What did I miss?

I didn`t include money order customer`s receipt and USPS check with tracking numbers and information how much I paid.

@Sm1smom will appreciate your opinion on this, because if I didn't include anything I should urgently send one more DV payment fee.

Thank you!
Click to expand...
I mean the form you filled as mentioned in number 1 of your process. You have done it in a correct way.
 
Hi,

1. Do we have to sign the cover letter accompanied with the package?
2. This can be mostly relate to marriage based GC, but in derivative's (spouse's) document do we have include wedding photos? or is it an extra evidence that we may need at the interview? Thanks !
 
AI26CC said:
Hi,

1. Do we have to sign the cover letter accompanied with the package?
2. This can be mostly relate to marriage based GC, but in derivative's (spouse's) document do we have include wedding photos? or is it an extra evidence that we may need at the interview? Thanks !
Click to expand...
1. Someone who writes/sends a letter typically signs the letter.
2. No required or necessary with the AOS package. You may take them to your interview when you get to that stage.
 
New question:
While waiting for the interview to be scheduled, is it necessary to maintain employment (E-3 visa)?
My understanding is that while pending I-485 decision, it is OK to remain within the United States (unemployed). Is this correct?
I am aware that a denial would require leaving immediately.
Many thanks
 
I have a question related to Affidavit support. We are 3 in family and my income is around 48000 per year. Do I need a sponsor in this case, as I am applying for AOS through DV? When I check online it says around $27000 is the poverty line for a family of 3. Please suggest to me if anyone has a similar experience. Thanks alot.
 
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