DV 2011 AOS Only
- Thread starter lucky2011
- Start date
Dear Parviz, the following in quoted from USCIS website:
Please submit certified translations for all foreign language documents. The translator must
certify that s/he is competent to translate and that the translation is accurate.
The certification format should include the certifier's name, signature, address, and date of
certification. A suggested format is:
Certification by Translator
"I [typed name], certify that I am fluent (conversant) in the English and ________ languages,
and that the above/attached document is an accurate translation of the document attached
entitled ______________________________."
It does not say where it needs to be translated. as long as the certified translator has the mentioned information and has followed the international rules of official translation.
Please submit certified translations for all foreign language documents. The translator must
certify that s/he is competent to translate and that the translation is accurate.
The certification format should include the certifier's name, signature, address, and date of
certification. A suggested format is:
Certification by Translator
"I [typed name], certify that I am fluent (conversant) in the English and ________ languages,
and that the above/attached document is an accurate translation of the document attached
entitled ______________________________."
It does not say where it needs to be translated. as long as the certified translator has the mentioned information and has followed the international rules of official translation.
I think USCIS will not care much if it was your fault or if it was your lawyer's fault. Summet was able to fix his case because he was working (using his EAD) only for like 1 or 2 weeks before he asked for advice on this forum, and he had not been paid by that time. He was able to ask his employer not to pay him, so there were no records of him using his EAD card. Thus, his F1 status appeared to be maintained.
Marriage based AOS is the most forgiving one, more so than DV. I hope that everything is going to be alright with your case, but I agree with everybody else that you are taking some risks.
Also, do you know for sure that it is enough to be in legal status when you send your AOS envelope, or if it should be the date when they process your file and generate the NOA form? To me, the latter seems more logical, but I do not know what is the correct answer.
Can somebody explain to me why Summet's using his EAD would have been a problem. I am F1 too and am receiving research assistant ship and never had EAD. I don't know if I should get EAD to be able to keep on my RA after October or better not to get it? Where can I get a definite answer?
Applying and getting the EAD is not a problem in itself. It can be used as a last resort if you are about to lose your current status. For example, if you are on H1B and you lose your job, you must find another employer that wants to do the necessary paperwork to sponsor you, in order to maintain your status.
If you are on F1, while it is more rare to be dropped from the program suddenly, it is not an impossible event. For example, you may miss a qualifier (if you are in graduate school), or you are not in good academic standing (the better universities have some minimum grades requirements - mainly for graduate degrees), or your advisor runs out of money and you cannot find another professor to sponsor you.
Anyway, in such cases you can use your EAD card to find some employment. It is easier than to find a job on H1B status.
What are the problems then? You get your EAD card 1-2 months before your AOS interview. Just having the card does not cause you to lose your non-immigrant status. However, the moment you use your EAD card, you lose that status. Now, if your AOS case is rejected, your EAD card is not valid anymore, and you cannot go back to that non-immigrant status either. At that point you are in a worse position than if you maintained your non-immigrant status, which you could generally continue to use even if your interview failed.
That's why, the EAD card should be used as a last resort. I do not recommend using it just to make a few more bucks if you are on F1 status. Try to maintain your status until you are approved for GC.
In Summet's case, his initial AOS application was rejected and if there has been a record of him using his EAD card, he would have been out of F1 status as well, and he should have left the country, or find a US citizen to marry.
Last edited by a moderator:
Thank you baobab for detailed explanation. So If I understand right, if I get my EAD and not use it (not present it to the school which is paying me), I will keep my status if something happens with AOS. right? you never know what comes up during the AOS process that would cause issues.
NuvF
Member
Thought I will give my 2c here...
B Visa to AoS (i-485) application comes under a rule 'Intention time test'
One has to prove you did not have AoS intention as of the day entered with B.
Several case law has put the time as 90 days after. (not 60 if my memory is correct)
ie, if you file B to i-485 AoS 90 days after last B entry.... you are ok !
Natta, just pray that they would NOT approve his B as of the date of your future i-485 NoA s (Not your date of postage, I blv)
This is why I advised you sometime back that it MAY be better you write to them and cancel B application, now it may be too late or not worth the try.
If he get a B dated before his i-485 NoA date, he MAY be in for trbl. Law advise will be necessary.
Best!
Hey Feel, no email from them as of right now. Few hours after I called and I saw that I am not getting any emal with the 2NL, I also emailed them with the same info and got only an email saying information received, but no letter though. I will wait till this afternoon and then call again before they close at 4 pm.
Hey parviz.
I called them yesterday and asked what is going on with our 2NL as we sent the forms in july. They told us that a 2NL was sent on August 2nd at the adress that was entere for the DV application last year, that my husband did in homecountry through some kind of company. So now the letter is lost. They asked for the email which I told them and they said they already have it on file and that they will send a copy to me. But no copy and no email from them as of right now.
I called them yesterday and asked what is going on with our 2NL as we sent the forms in july. They told us that a 2NL was sent on August 2nd at the adress that was entere for the DV application last year, that my husband did in homecountry through some kind of company. So now the letter is lost. They asked for the email which I told them and they said they already have it on file and that they will send a copy to me. But no copy and no email from them as of right now.
Hey Baobab.
So as of right now from 9/11 he is in grace period which is 30 days for his J1 visa, but pending for a B2 visa. So if we sent the AOS package in, they should get it on 10/01 and then From what I've read it takes up to 2 weeks to get the NOA and after that you are pending. SO when pending for any kinds of visa, you are not considered illegal. There is nothing else we can do now, just wait and hope that it will be fine. We cant do CP as this is my last semester in school and I am full time and I can not miss so much time in order to go for CP in homecountry, as if I miss school I loose my F1 status that I have till next summer. ( this is my last semester full time , next semester I have internship and a Senior Seminar class that you take with the Internship) So there is not much we could do. But I hope procession goes fast as last year one of my friends from my home country also won and was current in October and had the same field office and similar case number as me and they ( him and his wife) were done with everything by mid December. So finger crossed and I hope it will work the same for us. As I really want to change my status in school as LPR for next semester as tuition is crazy high in Vermont for international students.
Also, do you know for sure that it is enough to be in legal status when you send your AOS envelope, or if it should be the date when they process your file and generate the NOA form? To me, the latter seems more logical, but I do not know what is the correct answer.[/QUOTE]
So as of right now from 9/11 he is in grace period which is 30 days for his J1 visa, but pending for a B2 visa. So if we sent the AOS package in, they should get it on 10/01 and then From what I've read it takes up to 2 weeks to get the NOA and after that you are pending. SO when pending for any kinds of visa, you are not considered illegal. There is nothing else we can do now, just wait and hope that it will be fine. We cant do CP as this is my last semester in school and I am full time and I can not miss so much time in order to go for CP in homecountry, as if I miss school I loose my F1 status that I have till next summer. ( this is my last semester full time , next semester I have internship and a Senior Seminar class that you take with the Internship) So there is not much we could do. But I hope procession goes fast as last year one of my friends from my home country also won and was current in October and had the same field office and similar case number as me and they ( him and his wife) were done with everything by mid December. So finger crossed and I hope it will work the same for us. As I really want to change my status in school as LPR for next semester as tuition is crazy high in Vermont for international students.
Also, do you know for sure that it is enough to be in legal status when you send your AOS envelope, or if it should be the date when they process your file and generate the NOA form? To me, the latter seems more logical, but I do not know what is the correct answer.[/QUOTE]
NuvF
Member
This is the current WISDOM !!
It comes from the fact that this 'duality of status' is ok with dual intent visas like H.
But it is not case law tested (as far as I know) for non-imm visas like F. TECHNICALLY, for those visas, you abandon the current status the moment you sign an i-485. But almost ALL lawyers and school DSO s would tell you that this is a 'gray area', just hope that your i-485 will be end successfully.
When I was searching about this in this forum a long time back, I came across a case where he/she was asking......."I am on 'good' F status, my DV case was not successful before Sept. 30th (long delay those days due to name chks by FBI), now I got a letter from USCIS FO advising that since I am out of status 'cos Dv i-485 failure, they are starting removal procedure"
Just to let you guys know that this is possible, but not a heck of details out there, may be due to lack of specific case law or imm. admin board decisions.
Best!
Last edited by a moderator:
natta, I hope that you will have a smooth case as well. I know it is tough when you are in a position that involves some risks. There were less risky approaches, however, at a higher financial cost.hey baobab.
So as of right now from 9/11 he is in grace period which is 30 days for his j1 visa, but pending for a b2 visa. So if we sent the aos package in, they should get it on 10/01 and then from what i've read it takes up to 2 weeks to get the noa and after that you are pending. [...] So finger crossed and i hope it will work the same for us. As i really want to change my status in school as lpr for next semester as tuition is crazy high in vermont for international students.
It looks like you are hoping for the best, which is good, but not necessarily planning for the worst.
Right. Showing the card is OK
Using it, that is, getting employment for which you would not be otherwise qualified, may cause problems.What I described before is how to use the card (or rather not use it) to benefit you in the worst case scenario, when your AOS case fails.
You could also apply for the card to maximize your benefits in the best case scenario. The EAD card offers you the employment freedom that you seek in your GC, only a few months earlier. Some people get the EAD card for this reason. And if their AOS succeeds, there is no other negative effect.
I am more risk adverse. I generally try to minimize losses in a worst case scenario. So I would not use the card before getting my GC.
It is true that I may be one of the few people happy with his H1B job. I do not plan to change jobs even after I get the GC. I am looking forward to the other freedoms that a GC provides.
Did that selectee from a few years back use his/her EAD card in the meanwhile?
I see your anecdotal evidence, and I raise you Summet's case (as we discussed it at length today). He signed his i485, his case was rejected, he did not have any other application pending (he was not current yet), but he maintained his F1 status.
So maybe there is some value in the current wisdom.
Hey guys I don't know what to think anymore, as I see different opinions here. I tried to call the information line for USCIS but they dont give too much info about this. So as for now I hope that after we send the AOS package we will get a NOA hopefully in time, before we get the B visa aproved , as I check everyday on their website and there is no change , it oly says that it is pending since August 4th. And hopefully after the NOA we can retrieve or cancel the B visa application that is pending, cause from what I know from many people who applied for a B visa for our service center it takes a while to get aproved.
Question. How do you cancel or retrieve an application?
Any advice would be helpfull. Thanks a lot in advance, this is really freaking me out already, even before the whole process started
Question. How do you cancel or retrieve an application?
Any advice would be helpfull. Thanks a lot in advance, this is really freaking me out already, even before the whole process started
Natta,
I see the complications you are dealing with in regards to the status issues. Sometimes, when people come to US on a B1/B2 visa and apply for AoS, it is looked upon with so much scrutiny (as that person’s intention becomes clear: not to return) and hence, it can be unpredictable as to how they are going to handle an AoS case with B1 status. But in your case, your spouse applied for B1 to remain in status, which I hope they will consider. I do still suggest that you at least consult an immigration lawyer before you do anything to the B1 visa. I wish you all the best and pray for you. Good Luck!
PS: I posted a link to my post above www.lawbench.com where you can get your questions answered for $10, I know two good lawyers are Hathi and Wilson, sometimes you just have to wait for them to become available when you post a question specifically for them.
I see the complications you are dealing with in regards to the status issues. Sometimes, when people come to US on a B1/B2 visa and apply for AoS, it is looked upon with so much scrutiny (as that person’s intention becomes clear: not to return) and hence, it can be unpredictable as to how they are going to handle an AoS case with B1 status. But in your case, your spouse applied for B1 to remain in status, which I hope they will consider. I do still suggest that you at least consult an immigration lawyer before you do anything to the B1 visa. I wish you all the best and pray for you. Good Luck!
PS: I posted a link to my post above www.lawbench.com where you can get your questions answered for $10, I know two good lawyers are Hathi and Wilson, sometimes you just have to wait for them to become available when you post a question specifically for them.
Hey guys I don't know what to think anymore, as I see different opinions here. I tried to call the information line for USCIS but they dont give too much info about this. So as for now I hope that after we send the AOS package we will get a NOA hopefully in time, before we get the B visa aproved , as I check everyday on their website and there is no change , it oly says that it is pending since August 4th. And hopefully after the NOA we can retrieve or cancel the B visa application that is pending, cause from what I know from many people who applied for a B visa for our service center it takes a while to get aproved.
Question. How do you cancel or retrieve an application?
Any advice would be helpfull. Thanks a lot in advance, this is really freaking me out already, even before the whole process started
Last edited by a moderator:
Parviz,
Just wanted to add to what khayat said, I spoke with USCIS a while ago about this, and all they want is someone (does not matter who) to say that the translation is accurate and the person translating is fluent in both languages. So it can be from your native country or from the US. It is not necessary to notarize them.
Just wanted to add to what khayat said, I spoke with USCIS a while ago about this, and all they want is someone (does not matter who) to say that the translation is accurate and the person translating is fluent in both languages. So it can be from your native country or from the US. It is not necessary to notarize them.
I agree that he was lucky on many fronts (he corrected his lawyer's mistakes and his IO even praised him for that). His case was an example to show that things can go sour on a perfectly normal case. The bigger picture here is about maintaining your current non-immigrant status as a safety-net if for any reason the AoS is rejected/denied (which I think you will agree with).
As for when you become an 'adjustee' I would like to think it is what is in the papers i.e. the acceptance date on NOA (when the application is accepted and goes into processing).
USCIS does care if it is your fault that you went OOS. USCIS has conditions about who cannot receive adjustment of status, one being: “you are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reasons).” If you failed to somehow maintain a legal status and if you are unable to prove otherwise, USCIS has the right to deny your AoS. There was an EB case whose first lawyer screwed him up and consequently he went out of status, and USCIS denied his AoS application on the grounds of not maintaining legal status (between H1B and EB AoS application). He hired a second lawyer who filed for a MTR and proved that the client went OOS due to no fault of his own and was finally granted the PR (under the very condition mentioned above). The same condition is mentioned in I-485 application instructions on page 2 10F.
As for when you become an 'adjustee' I would like to think it is what is in the papers i.e. the acceptance date on NOA (when the application is accepted and goes into processing).
USCIS does care if it is your fault that you went OOS. USCIS has conditions about who cannot receive adjustment of status, one being: “you are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reasons).” If you failed to somehow maintain a legal status and if you are unable to prove otherwise, USCIS has the right to deny your AoS. There was an EB case whose first lawyer screwed him up and consequently he went out of status, and USCIS denied his AoS application on the grounds of not maintaining legal status (between H1B and EB AoS application). He hired a second lawyer who filed for a MTR and proved that the client went OOS due to no fault of his own and was finally granted the PR (under the very condition mentioned above). The same condition is mentioned in I-485 application instructions on page 2 10F.
I have been reading and digging over this for a long time and it is confusing. there is no clear rule, I have heard many confusing and different stories which makes me more confused, for instance see below which sort of concludes this subject: (murthy.com)
"It appears, however, that there is some argument for the position that a student may maintain the F-1 status in the U.S., while her/his adjustment-of-status application is pending. There may be many who can benefit from this for several reasons, such as the ability to continue on-campus employment without interruption, using an OPT / EAD until it expires (unless a new EAD is issued based on the I-485 filing), the ability to continue CPT employment or receive authorization for CPT employment, the ability to accept graduate assistantships, and, arguably, the ability to fall back on the F-1 status if the application for adjustment of status is denied. "
I have talked to a good lawyer who handles EB cases and I can say they don't know much while pretending to know...
"It appears, however, that there is some argument for the position that a student may maintain the F-1 status in the U.S., while her/his adjustment-of-status application is pending. There may be many who can benefit from this for several reasons, such as the ability to continue on-campus employment without interruption, using an OPT / EAD until it expires (unless a new EAD is issued based on the I-485 filing), the ability to continue CPT employment or receive authorization for CPT employment, the ability to accept graduate assistantships, and, arguably, the ability to fall back on the F-1 status if the application for adjustment of status is denied. "
I have talked to a good lawyer who handles EB cases and I can say they don't know much while pretending to know...
Right. Showing the card is OK
What I described before is how to use the card (or rather not use it) to benefit you in the worst case scenario, when your AOS case fails.
You could also apply for the card to maximize your benefits in the best case scenario. The EAD card offers you the employment freedom that you seek in your GC, only a few months earlier. Some people get the EAD card for this reason. And if their AOS succeeds, there is no other negative effect.
I am more risk adverse. I generally try to minimize losses in a worst case scenario. So I would not use the card before getting my GC.
It is true that I may be one of the few people happy with his H1B job. I do not plan to change jobs even after I get the GC. I am looking forward to the other freedoms that a GC provides.
I agree.
Khayat, you can apply for it but don't use it unless it is absolutely necessary. If I were you, I would continue working on the F status. It makes more sense to use EAD if AoS was pending for years (as in EB or FB cases) and if your current work permit expired. But, I believe, with DV AoS, from what I have seen, the EADs are issued around the same time the GC is approved or maybe a little earlier. So, who knows you may never have to even use it.
Don't stress too much about this.