DV 2011 AOS Only
- Thread starter lucky2011
- Start date
Celinita, realistically speaking, switsalone's case (the UK - Sierra Leone applicant last year) is different from yours, vanrod's or Studio's cases.
In his case, he made no mistakes. He chose the correct country of eligibility, but he had to correct the consular officer with respect to what resident/non-resident means. In your case, sadly, there is a pretty clear mistake. Your best bet is for the officer to knowingly or unknowingly overlook the mistake.
If he notices it, I have my doubts that the new birth certificate will help, regardless of what the Spanish embassy told you. They are not running the US visa lottery and I do not think that they know the rules very well.
Therefore, I lean towards not using option 3. I do not speak based on knowledge of any precedent, just based on common sense, and I may be wrong.
In general I agree with NuvF's advice, except for going back home to do CP. It is a very high probability that they are still going to notice the mistake and in that case you may be stuck there if they cancel your F1 visa.
As if you did not have enough to worry about, I must mention that next time you apply for a visa you will have to mention an eventual visa denial. That is not a big negative in itself because the refusal would be due to a simple DV mistake.
However, I do not know if they would consider this event to show immigrant intent on your part which would negatively affect any future non-immigrant visa application. It would be unfair, but it is a risk that you must account for.
I hope that somehow it will work out for you, either by them not noticing, or by accepting the new birth certificate, but do not get your hopes high. Expect the best, but try to minimize the effects in the worst case scenario.
In his case, he made no mistakes. He chose the correct country of eligibility, but he had to correct the consular officer with respect to what resident/non-resident means. In your case, sadly, there is a pretty clear mistake. Your best bet is for the officer to knowingly or unknowingly overlook the mistake.
If he notices it, I have my doubts that the new birth certificate will help, regardless of what the Spanish embassy told you. They are not running the US visa lottery and I do not think that they know the rules very well.
Therefore, I lean towards not using option 3. I do not speak based on knowledge of any precedent, just based on common sense, and I may be wrong.
In general I agree with NuvF's advice, except for going back home to do CP. It is a very high probability that they are still going to notice the mistake and in that case you may be stuck there if they cancel your F1 visa.
As if you did not have enough to worry about, I must mention that next time you apply for a visa you will have to mention an eventual visa denial. That is not a big negative in itself because the refusal would be due to a simple DV mistake.
However, I do not know if they would consider this event to show immigrant intent on your part which would negatively affect any future non-immigrant visa application. It would be unfair, but it is a risk that you must account for.
I hope that somehow it will work out for you, either by them not noticing, or by accepting the new birth certificate, but do not get your hopes high. Expect the best, but try to minimize the effects in the worst case scenario.
luganskman
Registered Users (C)
Congratulations, lucky2011.
Hey guys I agree with Celinita. Don't abandon that forum. It is so important to those who still awaiting at their homes with hope in their hurts. I'm not that good in advises but if I will able to help I will do my best.
Hey guys I agree with Celinita. Don't abandon that forum. It is so important to those who still awaiting at their homes with hope in their hurts. I'm not that good in advises but if I will able to help I will do my best.
Thanks luganskam. As I said, I will be sticking around until the end of the fiscal year helping the best I possibly can.
NuvF
Member
She is not giving enough info to the 2 countries/context in play here, so let us not just guess.
My take on this is...... she sayas she is like John Mc Cain...i.e. born INSIDE a sovereign territory abroad (like the panama canal zone US naval Hospital), then she is safe.
If just the parents were diplomats or military officers etc., but child was born inside another DV in-eligible sovereign territory, then it would bring in INA 'Nativity' into play.
What about parents' nativity route for DV? can you claim that?
For submission of your 'new' BC, i say you need to be proactive and submit now with an explanation.(send attn. to Director FO with NoA #)
This is ONLY if you're 100% sure that the new BC would make a difference.
If not it will be good if you're called to intvw and ask to explain. (or RFE or an ITR-intend to reject, is issued and you can explain)
What if an over 'confident' IO issues a direct denial? then you will have to file a MTR and then submit explanation, which will take time.
Best!
PS:
In your 'new' BC, what is stated as the 'place of birth'?
If it is still a place IN the jurisdiction of the DV ineligible land, then it wont make much of a difference!
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sharminlee
Registered Users (C)
I just got biometric letter today. Do I need to do any info pass for biometric?
??? I don't understand. Why do you want to do infopass for biometric if you are already scheduled for it? You can either do your biometric on the day scheduled in your letter, or do early walk-in biometric.
hey lucky 2011, coul you tell me more about walk-in biometrics? arent we gonna supposed to go and do our biometrics on the date and time shown in letter? i would like to do it earlier too if that doesnt affect anything!!!
sharminlee
Registered Users (C)
Walk-in biometric, I believe, is harmless. And, there is no proven evidence about whether or not it actually accelerates your case. And keep in mind that not all ASCs allow walk-in. Some do not allow it at all, and some do allow walk-in on any business day or on specific days. So, first do your research to make sure the ASC nearest you allow early fingerprinting. Most importantly, if you are to do walk-in biometric, you should have at least an excuse when asked about why you are doing it early. In my case, my biometric appointment was scheduled two days after my interview date; plus I had a scheduled class exam on my biometric appointment time. So, doing my fingerprinting early was justified.
When I arrived at the ASC for my walk-in, there were chairs for like 200 people, but there were only 4 customers there. ASCs are generally slow business, and many of them accept early fingerprinting graciously. But again, check with your local first. Good luck.
When I arrived at the ASC for my walk-in, there were chairs for like 200 people, but there were only 4 customers there. ASCs are generally slow business, and many of them accept early fingerprinting graciously. But again, check with your local first. Good luck.
My lawyer is Judith G Cooper. They've been pretty good so far. As far as the walk-in, I just went there before it opened and got in line. When I showed them my letter, they asked me to go and talk to the manager who asked me to wait and maybe she'd be able to let me through if there is space. I was done within 40 minutes. I did have all the paperwork showing that I would be out of the country the day of my scheduled appointment though.
I hope this helps.
The answer is in this post from Izzy:
FYI: Name Check Status after Biometrics
FYI:
Those wanting to know if their name check cleared:
1. Call FBI National Name Check Customer Service @ 304-625-5590.
2. Select option 2 (for individual), then option 2 (Name Check for Immigration Status), then it will give you brief internet details and then it will provide you with the option to repeat the options, go back to main menu or speak with a rep., select speak with a rep. and wait to be connected.
3. NOTE: THEY ARE NOT UNDER ANY OBLIGATION TO PROVIDE YOU WITH YOUR NAME CHECK STATUS, THEY WILL ONLY TELL YOU WHEN IT WAS RECEIVED FROM USCIS AND WHEN (IF) IT WAS RETURNED TO USCIS.
4. Be very polite, don't push if you can't get an answer and try another time. Give your name (as a courtesy) and say you want to check the status of your finger print. They will ask you when you submitted the request. Tell them that it is for Green Card. They will then ask you for your A# (the one on your NOAs). They will only tell you when it was received and when it was returned (possibly cleared as any issues with name check can take weeks/months before it is returned to USCIS with "No Record" result).
This info is only to help those who are curious to know if their name check cleared. Good Luck!
FYI: Name Check Status after Biometrics
FYI:
Those wanting to know if their name check cleared:
1. Call FBI National Name Check Customer Service @ 304-625-5590.
2. Select option 2 (for individual), then option 2 (Name Check for Immigration Status), then it will give you brief internet details and then it will provide you with the option to repeat the options, go back to main menu or speak with a rep., select speak with a rep. and wait to be connected.
3. NOTE: THEY ARE NOT UNDER ANY OBLIGATION TO PROVIDE YOU WITH YOUR NAME CHECK STATUS, THEY WILL ONLY TELL YOU WHEN IT WAS RECEIVED FROM USCIS AND WHEN (IF) IT WAS RETURNED TO USCIS.
4. Be very polite, don't push if you can't get an answer and try another time. Give your name (as a courtesy) and say you want to check the status of your finger print. They will ask you when you submitted the request. Tell them that it is for Green Card. They will then ask you for your A# (the one on your NOAs). They will only tell you when it was received and when it was returned (possibly cleared as any issues with name check can take weeks/months before it is returned to USCIS with "No Record" result).
This info is only to help those who are curious to know if their name check cleared. Good Luck!
natorquest
Registered Users (C)
Forum Members,
I sent in my $440 application to the US Department of State about three weeks ago. I got the receipt back from them but it does not look like an official report. I received the " Adjustment of Status Fee Payment" form back I sent in with my photographs and application fee. The form is the one I sent in my with information as case number, name and address. It has the paid stamp dated of Feb 08, 2011 and a number written on it with a red ink.
It does not have any official Department of Stamp and the receipt does not look official at all. It will be great if you can share some of your thoughts on how the official receipt looks like, the one we receive back from US Department of State.
Also one more additional questions. I am a graduate student who will be graduating in May. I found a job that is willing to do my sponsorship for the 2011 which will be effective from Oct 2011. I just want to make sure I apply the H1 B too, just in case I do not get a chance to interview before Sep 30, 2011 for my DV lottery. I want to if anyone in the same situation as me have proceeded with a similar situation.
Thanks in advance.
I sent in my $440 application to the US Department of State about three weeks ago. I got the receipt back from them but it does not look like an official report. I received the " Adjustment of Status Fee Payment" form back I sent in with my photographs and application fee. The form is the one I sent in my with information as case number, name and address. It has the paid stamp dated of Feb 08, 2011 and a number written on it with a red ink.
It does not have any official Department of Stamp and the receipt does not look official at all. It will be great if you can share some of your thoughts on how the official receipt looks like, the one we receive back from US Department of State.
Also one more additional questions. I am a graduate student who will be graduating in May. I found a job that is willing to do my sponsorship for the 2011 which will be effective from Oct 2011. I just want to make sure I apply the H1 B too, just in case I do not get a chance to interview before Sep 30, 2011 for my DV lottery. I want to if anyone in the same situation as me have proceeded with a similar situation.
Thanks in advance.
It is fine. That is how the receipt looks. You did not need to send photographs with the DOS payment though.
I have not been in the same situation, but I do not see anything wrong with applying for H1B as well. It is a dual intent visa. You most likely won't need it, but it gives you some peace of mind.
You should update your signature with you case number and time line up to this point, so other people can help you better.
chickenballz
Registered Users (C)
Hi All,
Just found this forum and been browsing through it and found a ton of useful information. But I do have a question that I didn't know how to find through forum search:
Is NL2 the one where KCC sends back to you saying "Thank you for informing us of your intention to apply for adjustment of status with DHS, USCIS......"?
If so, it also states "You MUST submit the DV "Notification Letter" we sent you to the USCIS office nearest your place of residence in order to apply for AOS".
Does that refer to NL1? What does it get sent with (self made cover letter explaining info?), and is it supposed to be submitted to the USCIS field office before or after sending the DV fee to DOS?
Thanks for all the help.
Just found this forum and been browsing through it and found a ton of useful information. But I do have a question that I didn't know how to find through forum search:
Is NL2 the one where KCC sends back to you saying "Thank you for informing us of your intention to apply for adjustment of status with DHS, USCIS......"?
If so, it also states "You MUST submit the DV "Notification Letter" we sent you to the USCIS office nearest your place of residence in order to apply for AOS".
Does that refer to NL1? What does it get sent with (self made cover letter explaining info?), and is it supposed to be submitted to the USCIS field office before or after sending the DV fee to DOS?
Thanks for all the help.
I just took the letter (1st NL) to the FO (did an infopass) - The lady just told me that I would have to submit an AOS application when my number was current (she just glanced at the letter and returned it).
There is no real use in doing this step; but you can as I did just because it's stated in the 2nd NL.
There is no real use in doing this step; but you can as I did just because it's stated in the 2nd NL.