DV 2026 AOS (Adjustment of Status) Process Only

[Sm1smom]

Thank you very much for your time and responses.
1. I have read that once i fill the i485 that protect my status and even if i loose it ( for example i don’t find a job and my opt expires), i am protected until they take a decision regarding my petition. Is that true?

You’ll be in what is otherwise known as adjustment pending status in such a case - you’ll not be accruing an illegal presence while your AOS application is pending.

 

[SusieQQQ]

Thank you very much for your time and responses.
1. I have read that once i fill the i485 that protect my status and even if i loose it ( for example i don’t find a job and my opt expires), i am protected until they take a decision regarding my petition. Is that true?

In addition to mom’s note (that you’ll be in adjustment pending), note that you would not be able to work during this phase (unless you get an EAD).

 

[beehold]

Hi mum,

Appreciate all the information, it is really helpful.

I was hoping to get you opinion on my case.

Family from Ukraine is in US on U4U parole (expiring in July of 2026). Just received 1NL with number EU18XXX (based on the previous VB, I'm guessing CN is May-June 2026). I was wondering is it would be possible to do AoS and, if yes, how high is the risk that parole will expire before the interview date and if it would be possible to do AoS interview with expired parole?

Thanks a lot!

 

[Sm1smom]

Hi mum,

Appreciate all the information, it is really helpful.

I was hoping to get you opinion on my case.

Family from Ukraine is in US on U4U parole (expiring in July of 2026). Just received 1NL with number EU18XXX (based on the previous VB, I'm guessing CN is May-June 2026). I was wondering is it would be possible to do AoS and, if yes, how high is the risk that parole will expire before the interview date and if it would be possible to do AoS interview with expired parole?

Thanks a lot!

DV selectees on U4U status are currently having a tough time getting their DV based AOS applications adjudicated, I don’t know if the current administration’s stance on U4U will change anytime soon. If it changes, and you’ve already filed for AOS before your parole expires, you’ll be okay completing the process with an expired status.

 

[SA22XX]

Hello! If I don't have an sponsor how much money I have to have in savings for 2 people? Properties like houses in my home country are taken into account?

 

[SusieQQQ]

Hello! If I don't have a sponsor how much money I have to have in savings for 2 people? Properties like houses in my home country are taken into account?

1. 125% of the poverty guidelines is usually used as a rule of thumb (based on i864 albeit that is a different form than used for DV). That’s currently $26,437 (Higher if you live in Alaska or Hawaii) https://www.uscis.gov/i-864p

2.Usually not, unless you can get formal valuations and show that you plan to sell them. Although I864 is not applicable to DV, you would probably be asked to show the same set of conditions they use to evaluate foreign assets for that:

• The assets must be convertible to cash within 12 months.
• The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country.
• The net value of assets must be at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home.

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What is your current status in the US - do you have a full time job and if so are you earning above the number given in 1 above?

 

[beehold]

DV selectees on U4U status are currently having a tough time getting their DV based AOS applications adjudicated, I don’t know if the current administration’s stance on U4U will change anytime soon. If it changes, and you’ve already filed for AOS before your parole expires, you’ll be okay completing the process with an expired status.

Thank you.
So, it would be safer then to do CP with EU18XXX number then to take the chance with the AoS, especially in busier FO, like Sacramento?

 

[Sm1smom]

Thank you.
So, it would be safer then to do CP with EU18XXX number then to take the chance with the AoS, especially in busier FO, like Sacramento?

Under the current administration’s recent policy regarding U4U status holders, processing CP is the way forward IMO.

NOTE: my recommendation has nothing to do with how high or low the CN is; or how busy, or not the applicable FO may be.

 

[Kimk]

Hi everyone,
I have a question concerning name discrepancy. My first name on my birth certificate has single “l” but on my passport it had double “ll”. I have a sworn affidavit.. but I was wondering if I should send the affidavit along with my documents or should I wait till when asked or take to the interview . And when filling out documents should I fill based on birth cert or passport. Thank you

 

[Freedom_]

Hi everyone,


While completing the DS-260, we came across this question:

"Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official, or otherwise violated the terms of a U.S. visa?"

We are unsure whether to answer "Yes" or "No" based on the following situation:

• An asylum application was properly filed while on active F-1 status.
• Later, the F-1 status was terminated by the school due to what appears to be a miscommunication.
• We are considering pursuing a "technical violation" argument when filing Form I-485.

The question is:
Since the F-1 termination happened after the asylum was filed, does this still count as having "unlawful present, overstay or violation of the terms of a U.S. visa," requiring us to answer "Yes" on the DS-260?


Any guidance or experience on how this should be answered would be appreciated. Thank you!

 

[Sm1smom]

Hi everyone,
I have a question concerning name discrepancy. My first name on my birth certificate has single “l” but on my passport it had double “ll”. I have a sworn affidavit.. but I was wondering if I should send the affidavit along with my documents or should I wait till when asked or take to the interview . And when filling out documents should I fill based on birth cert or passport. Thank you

You do not need to include a sworn affidavit in your AOS package.

I’m guessing the passport variation is what you’ve been using in the US, considering that is what your visa would have been issued by. So you’ll fill out your forms with that, however you’ll still list the B/C variation in the ‘Other Names’ section of the I-485.

 

[Sm1smom]

Hi everyone,


While completing the DS-260, we came across this question:




We are unsure whether to answer "Yes" or "No" based on the following situation:

• An asylum application was properly filed while on active F-1 status.
• Later, the F-1 status was terminated by the school due to what appears to be a miscommunication.
• We are considering pursuing a "technical violation" argument when filing Form I-485.

The question is:
Since the F-1 termination happened after the asylum was filed, does this still count as having "unlawful present, overstay or violation of the terms of a U.S. visa," requiring us to answer "Yes" on the DS-260?


Any guidance or experience on how this should be answered would be appreciated. Thank you!

Since your SEVIS got terminated, you’ll have to answer YES to that question IMHO. Considering you did not pursue the technical violation and fight for your F1 to be restored when it got terminated, quite doubtful your future plan of pursuing this would be successful.

 

[Kimk]

You do not need to include a sworn affidavit in your AOS package.

I’m guessing the passport variation is what you’ve been using in the US, considering that is what your visa would have been issued by. So you’ll fill out your forms with that, however you’ll still list the B/C variation in the ‘Other Names’ section of the I-485.

The problem is when I applied and got selected I used single “l”

 

[Sm1smom]

The problem is when I applied and got selected I used single “l”

I don’t see a problem.

 

[Freedom_]

Since your SEVIS got terminated, you’ll have to answer YES to that question IMHO. Considering you did not pursue the technical violation and fight for your F1 to be restored when it got terminated, quite doubtful your future plan of pursuing this would be successful.

F-1 reinstatement was initially pursued, but a Notice of Intent to Deny (NOID) was issued due to the ongoing I-140/I-485 petition under an employment-based category. As a result, the reinstatement request was subsequently withdrawn.

 

[dinotofu]

Hi everyone,

I'm currently in the United States with an F1. I wonder if changing my university/transfer would create any issue later while filing for AOS, since the university name is printed on the visa page on my passport.

 

[Sm1smom]

Hi everyone,

I'm currently in the United States with an F1. I wonder if changing my university/transfer would create any issue later while filing for AOS, since the university name is printed on the visa page on my passport.

Shouldn’t be a problem for the AOS process.

 

[dinotofu]

Thanks for your reply. If so, will there be any problem with immigration while traveling outside the US after I change my University (transfer SEVIS)?

 

[Sm1smom]

Thanks for your reply. If so, will there be any problem with immigration while traveling outside the US after I change my University (transfer SEVIS)?

This question is outside the realm of the questions I answer here as this is not a DV process related question.

 

[dinotofu]

Yeah, sorry I didn't make it clear. If in case I opt for CP, I'd have to travel to my home country for medical/interview. So in that case would it create any issue with a different university name on passport? I hope you reply. Thank you