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CHANGE OF STATUS TO TOURIST VISA AS AN DV2021 WINNER

melisavcilar

New Member
Hi!

I was an au pair in US for 2 years. I was selected for 2021 DV. My case number is 21xxx.
I am done with J1 visa on 7th January. I am in my grace period. I am thinking about to change my status to tourist visa because of visa ban. But I already submit my DS260 on end of June.
If I change my status to tourist visa
Do you think submitting ds260 will be a problem?
Can tourist visa turn out in 6-7 months?
What if tourist visa doesn't turn out when they announce my case number in visa bulletin?
Will I be approved for tourist visa?
Should I go through CP?

I feel like both are so risky. I am so confused.
 
This is the problem: You won’t be approved to change to tourist visa, because you will obviously not be able to submit the required acceptable evidence that you will return to your home country afterwards (even if you hadn’t filed DS260 this would be a problem, the DS260 just reinforces it). If you are denied a change of status, that puts you in overstay from the end of your authorized stay on the i94, and it takes a few months to process change of status so you won’t find out before your authorized stay expires. If you are in overstay that means you are out of status, and if you are out of status you cannot adjust status to a green card. So practically I do not see a path forward for you other than returning to your home country to do CP.
 
So you want to make a false statement under penalty of perjury on an official immigration document? Suggest you read up on the penalties for making fraudulent misrepresentation to gain an immigration benefit.

The bottom line is everything you are trying to do is to change to a non immigrant status (tourist, student) to get an immigrant benefit by waiting to adjust status. That is considered a fraudulent representation if you misrepresent your real situation. If you tell the truth you’ll get denied. And I personally don’t think you’ll succeed anyway even if you lie because it’ll be obvious what you’re trying to do. just my opinion. i wouldn’t mess around lying to USCIS.
 
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