DV 2014 AOS Only

[Minto64]

Cp vs AOS

I could not help but notice that unlike previous Aos threads, many posters are asking for advice on what route to take. The discussion seems to favor cp.

I do not think any past forumite despite their region has ever been time barred from completing AOS.
The logistics and risks involved in CP are higher than for AOS. I will list them:
You need police clearances , which may require you to be present in the country and may take time to collect.
You can be placed on administrative processing (ap), can last 2-3 months and you cannot travel back to US. So consider the ramifications on you if you are a student or currently employed.
If your current visa is expired and it is not dual intent visa e.g F-1, f-2,if your GC is denied you will not be able to travel back into US to continue with studies. Your f-1 visa will not be renewed.
Costs to travel if you have family maybe very high especially if you have family.
For those with school going children, traveling abroad ma be impractical.

This are just but a few points that come to mind.

So far all I have seen posted in this forum is that Cp may be quicker , which it is. I think folks need to take a brief moment and way the pros and cons.
I will give my example, I was current in October but received GC in December. Others current in October received GC in November and even February. I had the luxury of time Bcoz of my low cn but if was current in July or even August this year I will still go the AOS route. The costs, risks and complications of cp are greater than AOS.

If you have a high cn as sms1mom mentioned hold off till nov r december to choose what route to go.

 

[aos13]

Thank you, I am aware of this. However, my thought is, that if I do AOS and get an interview for June 2014, I can get the work permit and parolee and start residency, whereas if I do CP I can not. At least this is what I think, but who is able to give me more infos? Are there specialists out there who really KNOW this DV stuff? I don't care, if odds are better to get the GC via CP, I will fly down to Germany or Romania in a blink of an eye.
Another question: If I decide to do CP, I go to the Embassy in Frankfurt and it gets rejected, can I return to the US on my J1?
Thank you.

Your last question is the most important one. If you go for the ead/aos route and for some reason you cannot get the GC, you lose your status as J1. If you do CP and again do not get GC, you may not be able to come back. If you do AOS while maintaining your current status (no applying for ead!) you may continue to stay here if you do not get the GC. Please double check with a good lawyer.

 

[Minto64]

CWH
For clarity sake, you can only file I-485 when current. The first CN in DV 2014 will be current Oct 1. The purpose of DSP -122 is to notify KCC and by extension the department of state that you will be pursuing your GC. They relay info to either uscis or the consulate when your cn is current.

I concur with everything else sm1smom posted.

 

[Minto64]

Your last question is the most important one. If you go for the ead/aos route and for some reason you cannot get the GC, you lose your status as J1. If you do CP and again do not get GC, you may not be able to come back. If you do AOS while maintaining your current status (no applying for ead!) you may continue to stay here if you do not get the GC. Please double check with a good lawyer.

If you go AOs route and do not apply for EAD, if AOS denied, you will maintain your J-1 status.

 

[aos13]

If you go AOs route and do not apply for EAD, if AOS denied, you will maintain your J-1 status.

Yes, that's what I wrote.

 

[aos13]

I could not help but notice that unlike previous Aos threads, many posters are asking for advice on what route to take. The discussion seems to favor cp.

Thanks for the post Minto64. I sure hope I am not giving the vibe that CP is favorable. I think the reason is that this year there are a lot of high case numbers and people are anxious about their chances.

I do not think any past forumite despite their region has ever been time barred from completing AOS.
The logistics and risks involved in CP are higher than for AOS. I will list them:
You need police clearances , which may require you to be present in the country and may take time to collect.
You can be placed on administrative processing (ap), can last 2-3 months and you cannot travel back to US. So consider the ramifications on you if you are a student or currently employed.
If your current visa is expired and it is not dual intent visa e.g F-1, f-2,if your GC is denied you will not be able to travel back into US to continue with studies. Your f-1 visa will not be renewed.
Costs to travel if you have family maybe very high especially if you have family.
For those with school going children, traveling abroad ma be impractical.

This are just but a few points that come to mind.

I agree with all the points and that's why we chose AOS for myself and spouse. There are a few positive things for CP though, it is more straightforward, one does not have to fill as many forms, it finalizes faster; and in some countries, it is almost a formality to be approved. In AOS, the IO has total discretion, one can be denied for any reason. Having said that, we would still choose AOS for a reasonable CN simply because we could not risk our current status.

 

[aos13]

Yes, I meant OPT extension. What do you mean by "as long as you maintain your current status?" When the OPT expires, graduates from specific fields can renew it for another 17 months. My adviser said, however, that if a GC application is pending at the time you're applying for an extension, you might have a difficult time getting it.

Yes I agree with that, mine was just a hunch, if one maintains current status (e.g. not applying for EAD) maybe one still could be eligible for all nonimmigrant benefits such as the extension during AOS pending. But I wouldn't suggest anybody to find out!

I'm applying for OPT next week and if everything goes well, then I should get my card in about 60 days. Hypothetically, if I submitted my paperwork for OPT tomorrow, May 8th, I would probably get the OPT card by July 8th (though it will be valid only in August). This means that I can safely send the paperwork to KCC in July and not wait 90 days AFTER the first day the OPT becomes valid. I thought I would have to wait until the end of October to file the DS/DSP forms. Does this make sense?

It makes sense if that is the interpretation of USCIS. You might want to double check with the lawyer.

Regarding the police certificate, AOS does not require one. I do not have the first hand knowledge since I did submit one, but others who did AOS did not, and they were fine. If you had no dealings with police (arrest etc.) or courts in the past, you should be fine.

 

[Sm1smom]

I agree with all the points and that's why we chose AOS for myself and spouse. There are a few positive things for CP though, it is more straightforward, one does not have to fill as many forms, it finalizes faster; and in some countries, it is almost a formality to be approved. In AOS, the IO has total discretion, one can be denied for any reason. Having said that, we would still choose AOS for a reasonable CN simply because we could not risk our current status.

I guess it's a matter of personal opinion. I actually believe with CP, the CO has total discretion regarding the GC application approval, but for AOS, it's a matter of formality, provided one is not out of status as at the time of the interview. If I was based in the US and I had a high CN, going AOS will be the no brainer choice for me. Again, like I said, it's a matter of personal choice/opinion.

 

[Gina_g]

aos13, I'm considering doing CP instead of AOS due to the fact that I'm not sure if I'll still be in the US when I'm scheduled for an interview (IF I'm ever scheduled). My OPT will expire on August 1st, 2014. If my CN becomes current that month or in September, I'm screwed. I'm thinking CP is a good choice for me. I have a terminal degree and the only way for me to go from now on is either H1 or GC. If I get an H1 via employment by August next year, then I can return safely to my home country and back to the US (regardless if I get the GC via DV or not). If I don't get a job (for H1), I have to return to my home country when the OPT expires anyway.

I asked about the police certificates because they require them via CP. I've been getting contradictory information, so I'm a bit confused. Everybody says I should get a police certificate from every place where I resided for more than 6 months. The DV website says that I should get a police record from a foreign country only if I lived there for more than 12 months. 6 months applies only to locations in your home country, apparently. Now I don't know what to do.

I guess it's a matter of personal opinion. I actually believe with CP, the CO has total discretion regarding the GC application approval, but for AOS, it's a matter of formality, provided one is not out of status as at the time of the interview. If I was based in the US and I had a high CN, going AOS will be the no brainer choice for me. Again, like I said, it's a matter of personal choice/opinion.

So, even if you had a very high CN, you'd still go with AOS? That's what I read too. One cannot challenge the consul's decision to deny your GC, while this is possible in the US via AOS (with a lawyer's help).

 

[Spice2013]

Can anyone clarify the fees required? from the selectee instructions on the website, I only found a $1070 fee for the AoS form and biometrics. What is the other DV fee others are speaking about? Also, when do you send in each fee?

 

[aos13]

Sm1smom, in practice you are right, in theory I am If you do satisfy all conditions (education, finance, health) a CO has no choice but to approve you. And yes if rejected by CO, you have no other course of action. In a lot of EU countries, CP is pretty close to a formality.

An IO has more discretion, but practically if you are already in US, chances are you qualify so they do not scrutinize much. And yes you can "sue" them in case of rejection and hope for the best.

 

[aos13]

aos13, I'm considering doing CP instead of AOS due to the fact that I'm not sure if I'll still be in the US when I'm scheduled for an interview (IF I'm ever scheduled). My OPT will expire on August 1st, 2014. If my CN becomes current that month or in September, I'm screwed. I'm thinking CP is a good choice for me. I have a terminal degree and the only way for me to go from now on is either H1 or GC. If I get an H1 via employment by August next year, then I can return safely to my home country and back to the US (regardless if I get the GC via DV or not). If I don't get a job (for H1), I have to return to my home country when the OPT expires anyway.

I asked about the police certificates because they require them via CP. I've been getting contradictory information, so I'm a bit confused. Everybody says I should get a police certificate from every place where I resided for more than 6 months. The DV website says that I should get a police record from a foreign country only if I lived there for more than 12 months. 6 months applies only to locations in your home country, apparently. Now I don't know what to do.


So, even if you had a very high CN, you'd still go with AOS? That's what I read too. One cannot challenge the consul's decision to deny your GC, while this is possible in the US via AOS (with a lawyer's help).

Gina, in your case your decision makes sense, since you are finishing terminal degree, and you need to leave anyways, and you want to come back on h1b if gc does not work out, doing cp does not look like risky at all.

Regarding police certificate, it is best to find out from that particular embassy you are planning to do cp at.

 

[IheartNY]

aos13, I'm considering doing CP instead of AOS due to the fact that I'm not sure if I'll still be in the US when I'm scheduled for an interview (IF I'm ever scheduled). My OPT will expire on August 1st, 2014. If my CN becomes current that month or in September, I'm screwed. I'm thinking CP is a good choice for me. I have a terminal degree and the only way for me to go from now on is either H1 or GC. If I get an H1 via employment by August next year, then I can return safely to my home country and back to the US (regardless if I get the GC via DV or not). If I don't get a job (for H1), I have to return to my home country when the OPT expires anyway.

I asked about the police certificates because they require them via CP. I've been getting contradictory information, so I'm a bit confused. Everybody says I should get a police certificate from every place where I resided for more than 6 months. The DV website says that I should get a police record from a foreign country only if I lived there for more than 12 months. 6 months applies only to locations in your home country, apparently. Now I don't know what to do.


So, even if you had a very high CN, you'd still go with AOS? That's what I read too. One cannot challenge the consul's decision to deny your GC, while this is possible in the US via AOS (with a lawyer's help).

Dont forget that you have up to a 60 day grace period after your OPT expires before you are required to leave the country. So you might not be able to work but you should still be in status. That's my understanding anyway. If that 60 day period expires before the interview date- that could be problematic. This is my issue as well. Im choosing to go AOS and hope for the best. CP isnt really practical for me.

 

[Gina_g]

Regarding police certificate, it is best to find out from that particular embassy you are planning to do cp at.

Would it be premature to call them now (sometime this week or next week)? Or should I wait for the new fiscal year to begin?

 

[betty123]

Where to start after being selected for DV- 2014: complicated case

Hello everyone, I need some advise on my case.
I was born in Morocco and have been selected for the DV lottery 2014. in addition I'm a Canadian citizen. I actually reside in USA and I hold a status of H-4 visa (valid until 2015). My husband is a H1B visa, but he is not the principal applicant for the Dv lottery. H-4 visa is granted through my Canadian citizenship, but I have been selected for DV visa through my Moroccan citizenship (since Canada is not eligible for DV lottery). I do not know where to start in my process.

1* What is the very first step in the process?

2* some members suggest contacting KCC and sending DSP-122. Is this enough or should I send DS-230 for my self and my family members too.

3* Since I reside in the USA can I consider CP but stay in USA and send my papers through the US consulate in Canada? or do I need to send them to the US consulate in Morocco?

4* Do you think I 'm eligible for AOS? is this the best option in my case?

 

[CWH]

Thanks to Sm1smom and aos13 for your answers. I doubted that too when I heard him advise my sister to apply for EAD right after DSP-122. I do have some more questions regarding my sister's case:

1. She went to a university just to get an advanced graduate degree, but after one semester, she felt that she needed to improve her English and have her I-20 transferred to a language school. She has now been in a language school for two years. Does that pose a problem for the interview?

2. She has not been paid but rely on family fund for her school. So based on your answer, she will need to have a USC to sponsor her. Is that correct? Can she use affidavit of support from family in home country for AOS?

3. What kinds of responsibilities that a USC sponsor will have to bear? and in what circumstances? If she chooses to go on a CP route instead, will she need a USC sponsor as well?

4. I read a post somewhere above asking including parents' name. Is it possible that a selectee's parents be included in the application? Our parent is at home country, so if it's possible, my sister should instead consider CP?

Thank you!

+1

Here is the deal: USCIS deals with a million GC cases every year. There are only 50K DV GCs most of which is handled by embassies. Maybe about 2000 people do AOS for DV GC in a year, so chances that a USCIS officer or lawyer has seen a case like yours/ours is at 0.2%. Sure they have a better grasp of the laws, but they can easily miss something as they don't deal with our cases on a daily basis.

I agree with Sm1smom, your sister should stay away from EAD. Her number is high, in case she does not get a GC, she can't continue staying here as F1 if she took an immigrant benefit by applying for that EAD. Besides, I don't think she can apply for EAD before sending her I-485 anyway.

Regarding the finances, there is the poverty guidelines on the web that USCIS uses. If she is getting paid by her school and she makes more than the levels at those guidelines, she'll be fine. Otherwise she'll have to find a USC or LPR to fill I-134 for her, or she should show enough money in the bank account.

Getting EAD based on a petition, and then showing the income based on that EAD to qualify for the same petition could only be a lawyer's idea!

 

[Sm1smom]

No, my dear, your case ins't complicated at all. Based on personal experience, I can tell you it's a very simple case . See response below:

Hello everyone, I need some advise on my case.
I was born in Morocco and have been selected for the DV lottery 2014. in addition I'm a Canadian citizen. I actually reside in USA and I hold a status of H-4 visa (valid until 2015). My husband is a H1B visa, but he is not the principal applicant for the Dv lottery. H-4 visa is granted through my Canadian citizenship, but I have been selected for DV visa through my Moroccan citizenship (since Canada is not eligible for DV lottery). I do not know where to start in my process.

1* What is the very first step in the process? - Send DSP-122, 2 passport photos, and the bar code page of your selection notice to KCC, if you want to do AOS. If you decide to do CP, then you need to send the above AND DS-230 for yourself and your spouse to KCC


2* some members suggest contacting KCC and sending DSP-122. Is this enough or should I send DS-230 for my self and my family members too.- see response above

3* Since I reside in the USA can I consider CP but stay in USA and send my papers through the US consulate in Canada? or do I need to send them to the US consulate in Morocco? - Yes, you can do CP via the US embassy in Canada provided you have an address in Canada that you can use (I think). But you certainly can file through Canada.

4* Do you think I 'm eligible for AOS? - Yes you are! is this the best option in my case? You make the call - what's your CN?

 

[betty123]

Thank you so much Sm1smom for you quick reply,
My case number is 2014AF00039xxx

 

[Sm1smom]

Response below:

Thanks to Sm1smom and aos13 for your answers. I doubted that too when I heard him advise my sister to apply for EAD right after DSP-122. I do have some more questions regarding my sister's case:

1. She went to a university just to get an advanced graduate degree, but after one semester, she felt that she needed to improve her English and have her I-20 transferred to a language school. She has now been in a language school for two years. Does that pose a problem for the interview? - Not quite familiar with this case, some else can give it a stab!

2. She has not been paid but rely on family fund for her school. So based on your answer, she will need to have a USC to sponsor her. Is that correct? - A USC, an LPR, an H1 visa holder can provide her with an affidavit of support.

Can she use affidavit of support from family in home country for AOS? - Possibly can. IO may or may not need a lot of convincing as to the availability of that fund at her disposal.

3. What kinds of responsibilities that a USC sponsor will have to bear? and in what circumstances? If she chooses to go on a CP route instead, will she need a USC sponsor as well? - Most US embassies also require CP candidates to provide an affidavit of support at the time of interview. The sponsor will be held liable if she becomes financially dependent on the US government.

4. I read a post somewhere above asking including parents' name. Is it possible that a selectee's parents be included in the application? Our parent is at home country, so if it's possible, my sister should instead consider CP? - No, your parents are not eligible to be included in your sister's application. It works the other way round, parents include children who are single and under 21 years

Thank you!

 

[Sm1smom]

Thank you so much Sm1smom for you quick reply,
My case number is 2014AF00039xxx

I would stick to AOS, if I was in your shoes, case could become current between April and June going by past visa bulletins,but hey, that's me. I don't know what other ramifications you have to contend with, so good luck with your decision.