Does the 60-day rule apply to people selected in DV 2012 (AOS)

[Veggie3]

Hi all,

I have a question which is very relevant for people who intend to do Adjustment of status while on F-1/F-2 or J-1/J-2 visas and go abroad over this summer:

The USCIS uses a rule that if you enter the US on a non-immigrant visa (including F and J), and try to do AOS within 30 days, they assume fraud. If you try to do AOS within 60 days, they may question fraud. If you try to do AOS after 60 days, they do not assume fraud.

Now it's true that none of us can apply for AOS before Oct. 1. But on the DSP-122 you clearly say that you intend to adjust status. So should we wait at least 60 days after returning to the U.S. before sending out the DSP-122 to the KCC?

I'd be grateful if any winner from previous years could enlighten us

 

[lordmuggins]

Do you have a necessity to enter the US before October? It would theoretically be faster for you to do Consular Processing (CP) in your home country and just enter the US. Otherwise, I can see why entering with a non-immigrant visa, to upgrade may look suspicious.. and they *do* know you've won the lottery.. even though there is probably a 95% chance the records will not be compared. Point being.. you could get denied entry, with untruthful intent?