Hello cooldude,
The DV based AOS are supposed to be expedited so the processing times published in the USCIS website don't apply for us.
DV 2010 AOS Only
- Thread starter BlueT41
- Start date
Hello cooldude,
The DV based AOS are supposed to be expedited so the processing times published in the USCIS website don't apply for us.
Hello darkhorse,
According with what I have read, participating on the DV program should not affect her chances of continuing with F1 status and/or obtaining a non-immigrant visa in the future. The problem is when she wins the DV and then she applies for the immigrant visa and for some reason the visa is not granted. At that time she would be registered as having the intention of immigrate so it will be difficult to get a non-immigrant visa in the future and her F1 would be cancelled.
If she doesn't have anything that could affect her chances of getting the GC, then there should not be any risks.
Posting the local office/region
Because is a fact that the processing times rely on the local office/region, I think that is a good idea to post the local office that is processing your case, like the user Zapatos is doing. This way, our info will be more helpful for others.
I just modified my signature adding the region.
Because is a fact that the processing times rely on the local office/region, I think that is a good idea to post the local office that is processing your case, like the user Zapatos is doing. This way, our info will be more helpful for others.
I just modified my signature adding the region.
I think so. Instead of asking everyone to find out if there is someone from my region( in my case Baltimore ), everyone can see how fast that region is by looking at the signature only.
Yaku, you are right ! I just modified mine too.
That way, we can keep track and be able to understand more about processing time.
That way, we can keep track and be able to understand more about processing time.
What I really want to know is this.
If someone on F1 status wins the DV Lottery, and files an immigrant visa application and then somehow ends up not getting a GC, then their F1 status will be revoked and the chances of getting a non-immigrant visa in the future are gone.
But what if someone on F1 wins the lottery and then decides not to pursue an application.(Let's say because of a very high case number)
Will their F1 status be at risk? How about future non-immigrant visa applications?
If someone on F1 status wins the DV Lottery, and files an immigrant visa application and then somehow ends up not getting a GC, then their F1 status will be revoked and the chances of getting a non-immigrant visa in the future are gone.
But what if someone on F1 wins the lottery and then decides not to pursue an application.(Let's say because of a very high case number)
Will their F1 status be at risk? How about future non-immigrant visa applications?
In your signature Yaku, You meant to say that you completed the biometric on the 11/09 not 10/09 right.
Thanks, yes I think it is a good thing to post our office, like that we can estimate the processing time.
If she doesn't pursue the application, then the USCIS will never heard of her. KCC center will consider that she gave up the case and will move on to the following person. It will not affect her F1 status. If she decide to file for AOS, and she is not granted the status of permanent resident, then I believe she could just go back to her normal status ( F1) without having to go back home and start from the beginning.
That is an excellent idea. I just changed mine and it would be nice if everybody else here does it. For those who do not know how, you need to click on "User CP" on the top of this page and then click on "Edit signature" under "Settings and options" at the left side of the screen. I am curious to see if anybody here is in the Chicago service area.
It is my understanding that if the AOS is not granted, then her F1 status is revoked and she is put in deportation.
Great idea Yaku, I just updated my signature.
Are you sure about this?
I thought it would be the case only if someone actually filed for an Immigrant Visa.
Then it really comes down to this. Does State/USCIS have a database of people who won the lottery(and never pursued the application) and is winning the lottery considered as having immigrant intent?
Hello darkhorse,
I guess that I wasn't clear. I tried to say that she will NOT have a problem if she wins the DV and decides not to apply for an immigrant visa.
The problem is when she applies for an immigrant visa (AOS or CP) and the petition is rejected.
The risk is that her current visa will be canceled. Also, when applying for a change of status or extension of stay in a visa category, where nonimmigrant intent is an issue, she will need to answer two questions: 1) Are you or any other person included in this application, an applicant for an immigrant visa? 2) Has an immigrant petition ever been filed for you, or for any other person included in this application?
Obviously the answer is "YES" and that's a problem.
I am pretty sure that many people participated and applied for the DV while in F1 status and they all were OK. In my opinion, this is an issue that needs to be evaluated if there are any risks that the immigration petition could be rejected (people out of status, wrong country of eligibility, etc).
Does it make sense?
i2009...you are right...if you win and don't apply no isse...if you win and are eligible ...no issue...if you are rejected you have an issue!
Most issues can occur if students on F1 have worked without permission and USCIS find's out...that is called working illegally....
On F1 you need to have permission and than you don't have an issue....if you have worked without permission, hire a lawyer to help you if he can...don't go on your own because time isn't your best friend in the DV lottery...Sept. 30th is the deadline and/or when the visa's have reached 50,000.
Most issues can occur if students on F1 have worked without permission and USCIS find's out...that is called working illegally....
On F1 you need to have permission and than you don't have an issue....if you have worked without permission, hire a lawyer to help you if he can...don't go on your own because time isn't your best friend in the DV lottery...Sept. 30th is the deadline and/or when the visa's have reached 50,000.
But an F1 student can also be rejected if she/he doesn't have the proper documentation such as a sponsor. So what are you saying in that case? That she/he will have to reapply for an f1 visa again?
look what I found.
An F-1 student applies for I-485 adjustment of status and an EAD. He uses his EAD while the I-485 application is still being processed and while he is still going to school. Currently he is in I-485 pending status. If his I-485 application is denied, he must leave the US, even though he has not completed his studies.
If the F-1 student applies for I-485 adjustment of status and an EAD and he uses the EAD while the I-485 is being processed, he is in I-485 pending status. If his I-485 application is approved, he becomes a permanent resident of the US.
If the F-1 student applies for I-485 adjustment of status and an EAD, but does not use the EAD while the I-485 is being processed, his F-1 status is still valid and regardless of the decision about his I-485 he can remain in the US to finish his studies.
An F-1 student applies for I-485 adjustment of status and an EAD. He uses his EAD while the I-485 application is still being processed and while he is still going to school. Currently he is in I-485 pending status. If his I-485 application is denied, he must leave the US, even though he has not completed his studies.
If the F-1 student applies for I-485 adjustment of status and an EAD and he uses the EAD while the I-485 is being processed, he is in I-485 pending status. If his I-485 application is approved, he becomes a permanent resident of the US.
If the F-1 student applies for I-485 adjustment of status and an EAD, but does not use the EAD while the I-485 is being processed, his F-1 status is still valid and regardless of the decision about his I-485 he can remain in the US to finish his studies.
Of course, we are not saying otherwise, every case is different and every case needs to be evaluated before proceeding to the immigration petition specially for people with non-immigrant intent visas because the disappointment could be double (immigrant visa rejected and current visa canceled). Does it make sense?
Hello zapatos,
It seems that there are some contradictory information about the F1 students but one thing is for sure, F1 is not a dual intent visa and applying for an immigrant visa establishes the immigrant intent of the applicant.
There is a good article about F1 and AOS, you can read it here
Thank you very much for the info.
cooldude06_78
Registered Users (C)
Affidavit of Support
Has anybody who has received the interview letter been requested to bring Affidavit of Support?
Has anybody who has received the interview letter been requested to bring Affidavit of Support?