Changing from CP to AOS

[bizza]

Hi,

My case number is AF27xxx. Although I am already in the US, I opted for CP and I returned the document to KCC requesting it.

Lately I’ve been seriously thinking that I should go AOS instead.

Is it possible to request KCC to change the process from CP to AOS?
Did anyone go through similar situation?

Sincerely,

Thanks for you help,

Ben

 

[2006_07]

Please don't do it.

I did AOS and it was extremely painful.

People who did CP, with the same number that I did, got their green card in July. I had to beg hundreds of times for an interview and only got in September, after talking to the congressman daily for the about a month.

The agent who interviewed me told me the guy before me (from Egypt, I believe) had his aos denied because his number was no longer available. His number was available in July but no longer available in September and even though he applied in July, uscis delayed his case until September and he was denied because of their own negligence. If he had done CP, he would have been interviewed in July and would have gotten his green card.

Browse this forum and see how painfull AOS was for many people here.

Good Luck

 

[BarbaraLamb]

I agree, unless absolutely necessary don't change to AOS. My number was current in October last year, I was interviewed in April and was approved at the end of August after A LOT OF WORK and energy was put into writing letters, getting Congressman and Senator's offices involved and many trips to the local office. Had I done CP I would have had my interview last October!

I realise that many AOSers never had any problems but many others unfortunately did, and had to often spend more money on a lawyer.

Technically though you can change to AOS, just call KCC and let them know. And when your number is current call them and make sure they don't send your papers to your country by mistake, which is what some guys are having to deal with at the moment.

I'm glad it's all over.

Good luck with your choice

Barbara

 

[researcher29]

I agree that it is preferable to stay with CP, especially since your number is not low. As is, I doubt your number will come up before June 2007, which just doesn't leave much room for bad luck (I'm just guessing, so don't hold me to the month). I chose AOS because my record was extremely clean (never arrested, never got a ticket, always paid taxes, strong education) but I still got stuck somewhere in the system. When I finally consulted an immigration attorney, he said that they generally advise people to do CP, even though that makes the firm lose business. Although I finally was successful (my detailed experience is posted on this forum), the process was extremely painful and I wish I had chosen CP.

Good luck to all.

 

[researcher29]

For the sake of completeness, I should voice the contrarian opinion, where many people had very smooth and easy AOS procedures. Most of the replies to this thread will be for CP and against AOS, because many people from DV2006 still posting here are the stragglers who had problems with their case (like me). Statistically, AOS has been "easy" for people with clean records and who have maintained legal status. However, encouraging statistics will not help much if you happen to be one of the unlucky cases, especially close the end of the DV2007 cycle. Again, I'm not an expert... just another person who chose AOS over CP. My case was approved in August via AOS, instead of April, which was typical for CP cases with similar rank numbers.

 

[Anahit]

Everyone, I need your advice, please!

As some of you know, my sister and her husband, they both won DV-2007. The husband is here on tourist visa, which expires on October 4. I sent his papers back for AOS, but then we realized that it would be hard to extend his visa to go thru AOS, so he bought a ticket to go back, and I am about to send papers to KCC for his CP.
Today's visa bulletin shows that his number is current in November, which means that if we overnight his AOS applications on Saturday, September 30, his receipt date would be before October 4th, hence his stay would be legal.
My sister's papers were sent back for CP. Her number will most definetely be current in December.
Now, if my brother-in-law does AOS, then his wife and children should wait for months until he is done with the process, so they could come here. If he returns back, and they go thru CP with his or my sister's case, then the whole family would be here at the end of December.
Am I right? Do you guys have better suggestions?
Please advise!

 

[HenryID]

Today's visa bulletin shows that his number is current in November, which means that if we overnight his AOS applications on Sunday, September 30, his receipt date would be before October 4th, hence his stay would be legal.

Won't his application most likely get denied (and sent back to you) if you send it that early instead of waiting for November? My number will also be current for November, and I thought I had to wait for November to send in my application for AOS.

 

[Catseyes]

Hi Anahit,

If the principal applicant chooses CP, I think I read somewhere that the beneficiaries would then have to wait for the prinicpal to be granted the visa, before being able to launch the AOS procedure.
Or maybe that was the other way around : the beneficiaries could only start CP once the principal had been granted the visa through AOS.

Oh, ok, I did not read carefully the first time : both won, meaning they have different case numbers ( incredible ! ).
I would use his case number ( lower if current in November if hers is current in December )( but there is no huge difference : that's incredible as well that they both got low numbers !) for the entire family ( wife and kids are beneficiaries : they should have been included in both applications ), but I would go for CP.
I am probably not impartial here as I chose CP myself. But, that has proven to be the safest procedure, IF one doesn't mind the plane tickets, weeks off ( about 2 for the flights, medical, interview, and a security margin in case there any delays)

I would say that the deal of FedExing the documents so that he's still legal in the US when applied for AOS is rather risky : it may be suspicious, and what if it doesn't arrive on time ?! ( I know you are paying for a service, but you/ your family would be the one in trouble...)
And the 90 day rule has played some tricks on some guys on the forum.

I do not think it ( AOS ) is worth it.

The kids will need a passport for their own visa to be stamped. You will have to pay the exam fee for them as well ( it is slightly lower for kids ), as well as the visa fee.

You've been helping so many guys here that I really hope you'll get good advice.

 

[Anahit]

Won't his application most likely get denied (and sent back to you) if you send it that early instead of waiting for November? My number will also be current for November, and I thought I had to wait for November to send in my application for AOS.

Well, I think if the number is current in November it's OK to apply in October, but you never know how the immigration officer on the case thinks. It could as well be returned, which would mess up everything. That's another reason for us to chose CP.
You're absolutely right: it is safer to wait until the month your number is current!

Thanks

 

[Anahit]

Oh, ok, I did not read carefully the first time : both won, meaning they have different case numbers ( incredible ! ).
I would say that the deal of FedExing the documents so that he's still legal in the US when applied for AOS is rather risky : it may be suspicious, and what if it doesn't arrive on time ?! ( I know you are paying for a service, but you/ your family would be the one in trouble...)
I do not think it ( AOS ) is worth it.
You've been helping so many guys here that I really hope you'll get good advice.

Thank you Catseyes for the advice, and for your kind words!
It is incredible that they both won, isn't it? I don't know if it ever happened in the history of DV lottery.
Looks like it involves a lot of risk for him to do AOS besides the fact that he won't see his family for I don't know how many more months...
I already talked to him over the phone. He wants to do CP and come back with his wife and 3 children before Christmas. What a wonderful Christmas present for me, my kids and my parents!

 

[vk96]

Well, I think if the number is current in November it's OK to apply in September, but you never know how the immigration officer on the case thinks. It could as well be returned, which would mess up everything. That's another reason for us to chose CP.
You're absolutely right: it is safer to wait until the month your number is current!

Thanks

For example, if it is October and you get November's visa bulletin that has visa numbers for November and December and you see that your number will become current in December it is ok to apply in October.
In April they released visa bulletin for May and it had visa numbers for May and June and my number became current in June. I applied in April.


I am not sure about applying in September because the new fiscal year has not started yet (it starts on October 1st), so it might get tricky - it might get rejected if you file in September. I am not sure about how to do in this case....

 

[BarbaraLamb]

As some of you know, my sister and her husband, they both won DV-2007. The husband is here on tourist visa, which expires on October 4. I sent his papers back for AOS, but then we realized that it would be hard to extend his visa to go thru AOS, so he bought a ticket to go back, and I am about to send papers to KCC for his CP.
Today's visa bulletin shows that his number is current in November, which means that if we overnight his AOS applications on Sunday, September 30, his receipt date would be before October 4th, hence his stay would be legal.
My sister's papers were sent back for CP. Her number will most definetely be current in December.
Now, if my brother-in-law does AOS, then his wife and children should wait for months until he is done with the process, so they could come here. If he returns back, and they go thru CP with his or my sister's case, then the whole family would be here at the end of December.
Am I right? Do you guys have better suggestions?
Please advise!

ABOUT RESOLVING VISA EXPIRY DATE:
Be very careful, if his visa expires on 4 October and you send the AOS package hoping to beat the deadline you may want to look at the fact that the "official" receipt will come from Missouri approx 10-14 days later. The RECEIPT that comes with a very specific important number and DATE will be officialy regarded as the moment your AOS process starts.
Although it will surely be OK, your I-485 will be dated 1 Oct. so it should be OK, dealing with USCIS regulations is tricky and full of surprises.

My case was super CLEAN and I had to fight for an adjudication!

My advice for what it's worth would go to go back for CP, absolutely!

By the way...what a lucky family!

Barbara

 

[Anahit]

For example, if it is October and you get November's visa bulletin that has visa numbers for November and December and you see that your number will become current in December it is ok to apply in October.
In April they released visa bulletin for May and it had visa numbers for May and June and my number became current in June. I applied in April.


I am not sure about applying in September because the new fiscal year has not started yet (it starts on October 1st), so it might get tricky - it might get rejected if you file in September. I am not sure about how to do in this case....

That's what I said, but I think it does involve some risk.
I am not going to file for AOS. However, September 30th is Saturday, so the earliest the package would get to Chicago, IL would have been Monday, October 2nd. I know, the fiscal year starts on October 1st, that's why I wasn't thinking of sending it now. Do you think it matters when did you actually send the package?

 

[vk96]

That's what I said, but I think it does involve some risk.
I am not going to file for AOS. However, September 30th is Saturday, so the earliest the package would get to Chicago, IL would have been Monday, October 2nd. I know, the fiscal year starts on October 1st, that's why I wasn't thinking of sending it now. Do you think it matters when did you actually send the package?

I really do not know, I think it could matter... I am not sure....

 

[Anahit]

My advice for what it's worth would go to go back for CP, absolutely!

By the way...what a lucky family!

Barbara

Thanks for your feedback, Barbara!
Yes, they have been very lucky this year!
My brother-in-law got a tourist visa, which he wasn't able to get for years.
He got denied 3-4 times...
Then he comes here in April (btw, this is his first visit to US), and 2 weeks later I am getting the winning notice letters for him and for my sister...
Pretty amazing! I couldn't believe my eyes...

 

[Anahit]

I really do not know, I think it could matter... I am not sure....

Well, we won't risk his chances of getting visa.
Thank you, vk!

 

[researcher29]

Hello, Anahit. It looks like your family is choosing CP, but I'll repeat something my lawyer told me concerning AOS. I completely believe my lawyer but I can't guarantee the accuracy of his statement, since DV law is not as clear-cut as other matters. He told me that if you file for AOS while you are in status, you are allowed to remain in the US pending the decision. During the interim between losing original entry status and the AOS decision, however ,you will be in the gray, fuzzy zone with NO official status. He said that doing AOS specifically under the DV lottery requires that the person be in status at the point of status change, as well as at the time of filing. He said that some immigration officers may not care or know about this, but being out of status after filing AOS can be grounds for denial of DV AOS. He said that DV AOS is different from employment-based AOS, etc. Anyway, I have heard many conflicting things about this, but I thought I should mention this potential AOS problem. You never know what kind of immigration officer you'll meet at the interview.

Good luck and best wishes for your family.

 

[Anahit]

Hello, Anahit. It looks like your family is choosing CP, but I'll repeat something my lawyer told me concerning AOS. I completely believe my lawyer but I can't guarantee the accuracy of his statement, since DV law is not as clear-cut as other matters. He told me that if you file for AOS while you are in status, you are allowed to remain in the US pending the decision. During the interim between losing original entry status and the AOS decision, however ,you will be in the gray, fuzzy zone with NO official status. He said that doing AOS specifically under the DV lottery requires that the person be in status at the point of status change, as well as at the time of filing. He said that some immigration officers may not care or know about this, but being out of status after filing AOS can be grounds for denial of DV AOS. He said that DV AOS is different from employment-based AOS, etc. Anyway, I have heard many conflicting things about this, but I thought I should mention this potential AOS problem. You never know what kind of immigration officer you'll meet at the interview.

Good luck and best wishes for your family.

Hi researcher. Thank you for your input and your kind wishes.
My understanding is that you're in status while you have a pending I-485 from the moment you apply til the decision is made. I don't know if DV cases are any different. At least, I wouldn't think so.
A lawyer should have legal grounds for his statements. Does yours?

 

[researcher29]

Hi, Anahit. My lawyer says that DV Adjustment of Status is different from the other AOS scenarios. He said that if I stopped working for my H1B employer after I filed, I would not be required to leave the US and would not be accruing overstay days while the AOS decision is pending BUT that I would officially have no status and would not officially maintain my original H1B status. If I had applied for AOS under EB1 or employment-based reasons, this would NOT be a problem. He said that a specific requirement of the DV lottery AOS is that the person maintain status up until the point of status change, not just file while still in status. Again, I can't vouch for the accuracy of this statement, but he spent a lot of time reading up on this, at my request. My research funding was in danger of running out prematurely, so I called the USCIS hotline and made INFOPASS visits several times, but I could never get a straight answer about my status if I stopped working for my H1B employer after filing. Everyone was sure I could stay in the US but no one could make definitive statements about status. My lawyer says that the customer representatives on the hot-line and the front desk of the local office don't know immigration policy as well as interviewing immigration officers, though. He said that he could not find legal precedents for a similar scenario but that it was a risk due to the specific wording of DV law on AOS. Anyway, I'm no expert and am just repeating what I was told. My lawyer helped me get the card 6 weeks after I hired him, so I have no reason to doubt him. Regardless of my personal reasons for trusting him, it's always better to err on the side of caution, though. Best wishes for a smooth process for your family.

 

[Anahit]

Anyway, I'm no expert and am just repeating what I was told. My lawyer helped me get the card 6 weeks after I hired him, so I have no reason to doubt him. Regardless of my personal reasons for trusting him, it's always better to err on the side of caution, though. Best wishes for a smooth process for your family.

Neither am I. Thanks for taking time to explain it in detail.
Smooth process... That's all we all want...