DV 2014 AOS Only

[Sm1smom]

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).

Yeah, I would even though there's the additional AOS fee of $1070. CP is just too stressful for, I don't want to have to contend with getting PCC from about 3-4 countries, (I can't successfully coordinate that from the US - too much corruption and red-tapes to contend with from 2 of those countries); yank the kids out of school for God knows how long; take time off work - also for God knows how long; the medical process CP applicants go throw; spend God knows how much on flight and accommodation; fear of being put in AP; I can't list all of of the headaches I would personally rather not have to contend with. Of course AOS has it's stress points too, but those I can easily cope with without a major disruption in my family life. Yes, AOS takes longer to finish than CP (a major show spoiler for AOS), but I know for certain that even if I have a high CN, I can still be interviewed, right down to the closing time at my FO on the very last day of the fiscal year, which I don't think can happen for CP. CO's tend to be more sypathetic, lenient and understand to DV AOS applicants as the clock winds down.

Of course not quite sure how helpful filing a lawsuit against the IO in a DV case can be considering that the suit would need to be heard and decided upon before the end of the applicable fiscal year.

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.

You're right and I'm right, ehy? . Yeah, for AOS, if you're already in the US and you qualify, there's less scrutiny. The interview is usually more or less confirming what you wrote on your form, there's usually no grilling involved!

 

[aos13]

Answers in blue:

Hi I just found that I was selected for further processing in DV2014. My number is EU34xxx. So I guess I'm right at the edge.
First, congratulations! And yes you are a bit on the border, but you never know.
My F1 status expires in June 1st. My OPT will start in July and I have 17 month extension(STEM). My company also applied for my H1B so there is a chance I might get it in October. I have couple questions:
Well, first I have a couple of questions
So your OPT is already filed and you are waiting for approval? If that is the case you will be in status during the "gap". Do you have a receipt notice for the H1B? If you think you are getting the H1B by October, then you are in great shape.


First of all am I eligible for AOS? I have a gap between June 1st and July 8th where I dont have any status. Would that effect my application? I know international students are allowed to stay 60-90days after graduation but not sure if this is valid for DV applications.
I'd say don't do anything until you inform yourself little more, by reading the AOS threads to understand the deal with F1/OPT and applying for immigration. Yes you are eligible but you should really wait until either OPT or H1B is approved, whichever comes first.


Also, if I do CP, when do I need to exactly go to my home country? Only for the interview? Step 2 on the website is just filling out forms which I could do here in the U.S. However Step 3 is some civil documents which may require me to be present in my home country to get it processed. Are those documents required for the interview? Or before the interview? The problem is because of my H1B application, I can't leave the U.S. until October. So I'm not really sure what I need to or what my status is.
Your case number is high enough that you don't need to do anything right away. You can wait until you have a clearer picture. If you choose to do CP, then you'll have to be in (preferably) your country to get your medical checks done, collect your civil documents, and do the interview. In some countries people finish all this within about two weeks. I suggest you find local forums in your country to find out about their experiences.

I'll greatly appreciate it if you could give me some insights!

 

[NOPPO]

POLICE CER, Needed?

I have been in USA for more than one year and I will go for AOS process. I'm not sure if I need to have a police certificate for the interview. Some said that there's no need to have that. They will do background check.

Please confirm

 

[raevsky]

What do I do if someone told me DOS forms (DSP-122 and DS-230) are necessary for AOS process?
Report this immediately, this is a scam.

http://travel.state.gov/visa/immigrants/types/types_1749.html

What is the purpose of these fraudulent websites and emails?
Some of these fraudulent organizations may require payment for immigration and visa services. If payment is made to a non-governmental source, this payment is not received by the U.S. government and does not apply toward visa processing. Sometimes these costs are for information or forms that are otherwise available for free on official U.S. government websites. Additionally, these imposter websites and emails cannot provide the services they advertise and for which they require payment. For example, many fraudulent emails promise U.S. visas or “green cards” in return for a large fee. These non-governmental, unofficial organizations are not able to provide these services. These services can only be obtained from official U.S. government entities, such as the Department of State, a U.S. embassy or consulate, or the Department of Homeland Security. Finally, be wary of providing any personal information through these fraudulent websites and emails, since such action that could result in identity fraud or theft. Visa applicants are strongly advised to be cautious in all dealings with non-governmental companies that claim to offer any assistance in obtaining U.S. visas.

How do I report internet fraud or unsolicited email?
If you wish to file a complaint about internet fraud, please see visit econsumer.gov, which is a joint effort of consumer protection agencies from 17 nations, hosted by the Federal Trade Commission. You can also visit the Federal Bureau of Investigation (FBI) Internet Crime Complaint Center (IC3) website. To file a complaint about unsolicited email, contact the Department of Justice.

 

[Sm1smom]

Response below:

Thank you for your encouragements and your wishes Sm1smom. You really made me fee better I'm a newbie to all this stuff and I greatly appreciate the time and care you're taking answering all these questions. God bless you!
So you said the case would probably become current between April and June ( I assume 2014). - Yes, 2014

what about the estimated time for the interview? - usually about 2 months after sending in the I-485 package - yes, thats the downside of AOS, with CP, you will most likely be interviewed the month your CN is current. Which city/state are you in? We ccould use that to check and find out the trend at your applicable FO if you decide to do AOS.

Another question: from my understanding, I file I-485 after the case becomes current, right? AOS would take 60 - 90 days; -In general yes, but there have been a few exceptional cases where applicants have had to wait for months before their FO scheduled their interviews and they had to involve their congressman/woman to move their case forward.

do people usually have enough time completing their application before September 30? - To the best of my knowledge yes! DV AOS candidates get interviewed till the very last day of the fiscal year.

Please do pardon my ignorance.; I just want to get this right
Best,

 

[aos13]

CP is just too stressful for, I don't want to have to contend with getting PCC from about 3-4 countries, (I can't successfully coordinate that from the US - too much corruption and red-tapes to contend with from 2 of those countries); yank the kids out of school for God knows how long; take time off work - also for God knows how long; the medical process CP applicants go throw; spend God knows how much on flight and accommodation; fear of being put in AP; I can't list all of of the headaches I would personally rather not have to contend with.

Yes I agree with all those, that's why we did AOS. But I will repeat again, it is best for everybody to find out about CP practices in their country by finding local forums sharing experiences. If people don't have to worry about travel logistics as above, CP may be a worthwhile way to go.

I can still be interviewed, right down to the closing time at my FO on the very last day of the fiscal year, which I don't think can happen for CP.

Yeah, they'll be done way before!

Of course not quite sure how helpful filing a lawsuit against the IO in a DV case can be considering that the suit would need to be heard and decided upon before the end of the applicable fiscal year.

My personal take on the lawsuit: unless an IO is rejecting you in error (because they are not familiar with DV, or maybe there is some other misunderstanding) you don't really have any real chance. A CO will be very familiar with the whole deal, and as long as you satisfy conditions, the only thing they can do is either to grant you the visa, or leave yo to AP (name match in a database or something), which is not a rejection at all. So either way, being able to sue or not is practically little of use in my opinion.

You're right and I'm right, ehy? . Yeah, for AOS, if you're already in the US and you qualify, there's less scrutiny. The interview is usually more or less confirming what you wrote on your form, there's usually no grilling involved!

Isn't it great we both are right

 

[Sm1smom]

POLICE CER, Needed?

I have been in USA for more than one year and I will go for AOS process. I'm not sure if I need to have a police certificate for the interview. Some said that there's no need to have that. They will do background check.

Please confirm

PCC is not required for AOS, and yes you pay for Biometric which they will use in doing your background check.

 

[raevsky]

http://dictionary.reference.com/browse/scam?s=t&path=/

scam/skæm/ Show Spelled [skam] Show IPA noun, verb, scammed, scam·ming.
noun
1. a confidence game or other fraudulent scheme, especially for making a quick profit; swindle.
verb (used with object)
2. to cheat or defraud with a scam.

 

[Sm1smom]

Isn't it great we both are right

 

[Tew]

If doing CP after living in the US, do you think I need to request a PCC from the US? I'm assuming they'll run a background check so it seems like a waste of time and money for me.

 

[aos13]

Spam
[spam] Show IPA noun, verb, spammed, spam·ming.
1.
Trademark. a canned food product consisting especially of pork formed into a solid block.
noun
2.
( lowercase ) disruptive messages, especially commercial messages posted on a computer network or sent as e-mail.
verb (used with object)

 

[Sm1smom]

If doing CP after living in the US, do you think I need to request a PCC from the US? I'm assuming they'll run a background check so it seems like a waste of time and money for me.

You don't need to request a PCC from the US.

 

[aos13]

If doing CP after living in the US, do you think I need to request a PCC from the US? I'm assuming they'll run a background check so it seems like a waste of time and money for me.

Yeah, I don't think that would be logical. They run a background check anyway, but it is actually worth to ask the embassy. If one had any arrests, court orders etc. in US though, those have to be submitted regardless of CP or AOS.

 

[Tew]

Ok thanks. I'll email the Addis embassy just to make sure, but I'm pretty sure they'll tell me to forget about.

 

[ipn212]

Thanks Tew for your response. From what I read in the posts, it might be better to do a CP since my number is high and CP is faster. Any idea how much in advance they tell you about the interview? Since I'll be working in the US, I cant just decide to take vacation time. Is it too risky to do AOS?

Also, I was looking at the forms, and its asking for mailing address. If I decide to CP and put my U.S. mailing address would that confuse them?

You will still be in status between June 1 and July 8, no worries. You can definitely do AOS. Whether AOS is the way to go is dependent on when your number is likely to become current. If this year's trend holds for next year, July will likely be it for your number.

For CP, you need to go abroad to do it. I believe you can go to any consulate as long as you inform KCC of which one it is (you may need to have legal status in the country you choose, but I'm not 100% sure). Your documents are required the day of your interview. If you don't have all of them, you can get denied a visa - if the official is sympathetic they can tell you to submit the missing pieces instead of outright denying.

 

[betty123]

Response below:

1

 

[aos13]

Is it too risky to do AOS?

How did you come up with that conclusion? It is less risky to do AOS. If you define the risk as "being stuck in your country".

 

[betty123]

Response below:

Which city/state are you in? We ccould use that to check and find out the trend at your applicable FO if you decide to do AOS.


I live in Newton, Massachusetts
CN: 2014AF00039xxx

 

[ipn212]

Hi aos13,

Sorry for the counfusion. My OPT is approved, I have the EAD card but I put July as my start date on it. As for my H1B it was filed in apriL and I didnt get any formal letters yet but on my company's website, it says that "H1B receipt notice received". Not sure if it means I got approved.

Since my OPT is approved, should I start the DV process? Also, I understand CP is faster (though one of the threads said that this year AOS will be faster ) but how much in advance do you get notified for the interview? I cant leave the U.S. until October2013 because of my H1 and then after that I need to inform my employer in advance to take days off.

Also since my CN is high, it means I dont have to file DS122 right away?

Answers in blue:

 

[ipn212]

Sorry I meant what if I wouldn't be able to get my green card thru AOS by December. People say it takes longer. I'm completely new to this stuff, still trying to understand..

How did you come up with that conclusion? It is less risky to do AOS. If you define the risk as "being stuck in your country".