2010AS00027XXX: Adjustment of Status or Consular Processing

[koodalla]

Hi I am a Sri Lankan got the letter with CN 2010AS00027XXX. My husbond is on student visa (F1) and I am on F2 we both are currently in USA. My husbond will finish his PhD around march 2010 and we are not sure what will happen after that!. What is the best way to apply (Adjustment of Status or Consular Processing)?
Any idea about the chance for getting the interview for 27XXX from Asia?
Thanks in advance

 

[romeot]

Hi,
These are just my thoughts and I don't know if it'll be helpful. Based on the DV2009 visa bulletins it seems your CN might become current in or around May/June:
travel.state.gov/visa/frvi/bulletin/bulletin_4454.html

Based on some of the responses to similar questions on this forum and elsewhere you still might have time to go for AOS. However if flying back to SL is not an issue CP might be a better option me thinks.

Your situation is pretty similar to mine. However, with wrapping my thesis work next year and not quite being able to come up with air fair for two on a grad student's budget we're taking our chances with AOS.

HTH and good luck!

 

[koodalla]

Thanks romeot!
I am also thinking that CP is the best for us. but the issue is that I have seen some people saying that this year it might have changed so that people get very high CN numbers...

 

[klikya]

My case number is close yo yours..I prefered to do it with CP. Because I thought it would be so stressful if I choose AOS..Because of the time limit..On the other hand CP is more expensive because of the plane tickets..So if it okey for you to get the plane tickets I would suggest you CP too...

 

[lankaputra]

Hi Koodalla

I am in a similar situation. I am F1 in US from Sri Lanka and my number is also in the same range as yours (2010AS00027XXX). In 2009, this became current in June. I was thinking of doing CP in the beginning. But my wife, who had already applied for F2->F1 in Colombo, had her visa denied recently although she had all the documents in place. People have reported a more than usual visa denials from Colombo CP in the last few months. Although things might be different for Immigrant visas, I thought I will not take a chance. So I postponed my graduation from PhD from a few months, and opted to do AOS instead.

Good luck with your GC processing!

 

[koodalla]

Hi lankaputra,
I did some research on this issue, it seems AOS with F visa is very dangerous, because if they deny your GC, you might loose F1 too (checkmate!), that is a risk that my spouse doesn't want to take..
see the following
http//)www(.)laborlawtalk(.com)/showthread.php?t=71139
http//)www(.)askmehelpdesk(.com)/immigration-law/f1-green-card-dv-lottery-winner-217175.html
http//)murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1331017091
remove ()
So I think it is better to finish the PhD and get H visa before go to the interview.
THESE ARE MY THOUGHTS ONLY! do some research and let us know
Good luck!
-Koodalla

 

[lankaputra]

Hi Koodalla

Thanks for the links. It seems I have to do more research on this. I would not be able to get an H visa before I go to the interview. It will mostly be an F1 with OPT. H is different as it is dual intend visa. My understanding is that if we apply for CP, and if that was rejected, it would be nearly impossible to get F1 visa again. If that happens I would get stuck in SL. I thought even if my AOS is rejected I will be reinstated in F1 again. I will try to contact USCIS to get more info on this.

 

[koodalla]

Hi lankaputra,
I did more research on this issue, it seems you are right (go with AOS), but the main point is we need to file with a lawyer to make sure that it will be done timely. I am going to search for a good one who had handled this kind of case before....
Do you know that reinstated in F1 is possible from here?
-koodalla

 

[NuvF]

Hi lankaputra,
I did more research on this issue, it seems you are right (go with AOS), but the main point is we need to file with a lawyer to make sure that it will be done timely. I am going to search for a good one who had handled this kind of case before....
Do you know that reinstated in F1 is possible from here?
-koodalla

I'm not sure 'how much' a lawyer can help you on this than help him/her self with some of your $$$!
If you choose AoS and say failed before Sept. 30th '10, then i've heard ppl receiving notice for 'removal proceedings', therefore F1/F2 reinstatement in US is out of Q.

However, if they do not do that and.... IF after you submit i-485 you DO NOT use i-485 based EAD, and AP .....AND you maintained all other F rules, your stay in US is legal and you can change later to another , say H without any prob.

If you do not receive removal notice and if you travel (on say existing valid F visa) red tag may raise on your re entry attempt to US, OR (if F visa expired) if you try renew the F visa at home.

Your number is high, best bet is to do CP which should not IMHO be a problem. If you are going for AoS, you better look around for past DV applicants' experiences at your prospective 'local USCIS office' and then decide.

Just my thoughts, correct me if i've erred.

Good Luck !

 

[lankaputra]

Thanks NuvF for the info.
Koodalla, from NuvF's explanation it seems F1 reinstatement is not possible in US, but changing it to H could be possible. I am going to check with a lawyer to see how best to approach this. Please let me know if you find any useful information.

 

[koodalla]

Koodalla, from NuvF's explanation it seems F1 reinstatement is not possible in US, but changing it to H could be possible. I am going to check with a lawyer to see how best to approach this. Please let me know if you find any useful information.

Yes of cause, I am also searching for a lawyer for our case and hope to visit USCIS soon with all our questions. NuvF's is wrong on one thing, it seems lawyers can do many tricks that we don't know and I have heard if USCIS delay processing they can sue and win the case. Lets discuss what we found soon in here.
-koodalla

 

[masematn]

if USCIS delay processing they can sue and win the case

In most cases your lawyer will do exactly the same what you can easily do - print out a form, put it in an envelope, mail, write a letter to your congressman, etc. If you feel confident in your own abilities to perform simple office related tasks, you have a good chance of saving a lot of money.

 

[N.RAJI]

CP is the safest choice.

******************
04/05/2007 Got the 1st NL AS0089XX
06/30/2007 Sent forms to KCC
07/22/2007 KCC confirmed that they got my forms
02/11/2008 my number was in the April visa Bulletin
03/07/2008 Got the 2nd NL
03/11/2008 US embassy in SL contacted me
04/01/2008 Interview
04/24/2008 received my pass port with the visa
08/07/2008 Washington DC

 

[koodalla]

In most cases your lawyer will do exactly the same what you can easily do - print out a form, put it in an envelope, mail, write a letter to your congressman, etc. If you feel confident in your own abilities to perform simple office related tasks, you have a good chance of saving a lot of money.

masematn, If the CN is low I think no need of a lawyer, but since I have a CN that might get current in June (AS27XXX) and I am on F VISA, it is not worth to take a risk. If I go with CP and failed, I will be stuck back in SL, and can not even appeal. So I hope to have plan B, I havent finished my research on this issue yet, any comments / suggestions / experiences are wellcome!
-koodalla

 

[NuvF]

masematn, If the CN is low I think no need of a lawyer, but since I have a CN that might get current in June (AS27XXX) and I am on F VISA, it is not worth to take a risk. If I go with CP and failed, I will be stuck back in SL, and can not even appeal. So I hope to have plan B, I havent finished my research on this issue yet, any comments / suggestions / experiences are wellcome!
-koodalla

Sure, a 'good' lawyer definitely can help you, and as I said If you are going for AoS, you better look around for past DV applicants' experiences at your prospective 'local USCIS office' and then decide.

 

[koodalla]

NuvF,
I went to 'local USCIS office' and after that I am realizing that going with AOS may be not a good idea, specially for a high CN. Anyway I will see a lawyer in the next week...
-koodalla

 

[lankaputra]

NuvF,
I went to 'local USCIS office' and after that I am realizing that going with AOS may be not a good idea, specially for a high CN. Anyway I will see a lawyer in the next week...
-koodalla

Koodalla,
Did you get any useful info from USCIS office? I will only be able to visit my local USCIS office next week.

 

[koodalla]

Did you get any useful info from USCIS office? I will only be able to visit my local USCIS office next week.

Not at that much, but it was not a pleasant meeting, the office never even listen to my questions !!!

 

[bentlebee]

I went with my friend to the Tampa USCIS office and we had a similar experience. Most people who worked there spoke better Spanish than English and the employee who helped us had a very heavy Spanish accent and was even hard to understand. She said twice that nothing could be done before October 2009 but didn't explain why. My friend wanted to know if she could do AOS and she said come back in Oct. We acted like we didn't understand what she was saying and she got a supervisor to explain and she spoke very well English and explained that the DV was won for the next fiscal year and USCIS wouldn't look at it until October 1st, 2009 when that fiscal year would start. She told my friend to send in all the papers to KCC and wait till she would hear back. KCC told her the same but at least they were friendly and helpful.