Sm1smom
Super Moderator
Since the VB is officially out, you can attempt an early submission right away.
DV 2015 AOS Only
- Thread starter Sm1smom
- Start date
Since the VB is officially out, you can attempt an early submission right away.
Britsimon
Super Moderator
If your number is announced on the latest VB you can submit now. Just be SURE to follow the instructions including the bit about printing and including the policy memo on filing early.
Hi everyone im new in here i ll need u guys help im winner dv2015 i have some questions i ll do aos my number 11xxx if my number appaer in next month can i send my applications and i wanna apply for ead should send with i485 and should pay anything except $1070 the last thing is im currently in f1 status i work about 2 years in somewhere i paid all taxes im not working now will it be problem thank u
Sm1smom
Super Moderator
The 2 years employment you undertook, was it authorized employment? What type of visa did you work with?
To understand the AOS process take a look at the AOS spreadsheet posted on the post 1/page 1 of this thread. The AOS has a step by step explanation of what you need to do if processing AOS and if you've never violated your visa status.
Ok, thanks very much Sm1smom. The following papers are the ones that I prepared and ready to submit. Please let me know if any form is missing or something wrong.
1. Form I-485, filled and duly signed.
2. Check of $1,070, filing fee for I-485.
3. Two identical color photographs (2”x 2”).
4. Form G-325A.
5. Form I-693, Medical report in sealed envelope.
6. Form G-1145
7. Copy of my birth certificate.
8. Copy of passport pages (English language written page, my official language written page and expiration date page)
9. Copy of my non-immigrant visa (F1 Visa).
10. Copy of Master Degree Certificate
11. Copy of Master Degree Transcript
12. Copy of Bachelor Degree Certificate
13. Copy of 1st Notification letter
14. Copy of Barcode letter
15. Copy of 2nd Notification letter
16. Copy of DOS fee receipt ($330).
17. Copy of I-94.
18. Copy of my I-20's that I have used in the USA.
Please let me know if they are enough. Your answer will be appreciated.
Thanks.
Sm1smom
Super Moderator
How about your HS diploma?
I think not autorized work bcz it was out campuss f1 visa status unautorized i always kept my status fine never violated nd i ll send with i765 ead is thats right i dont have any crime or vialotion only worked
Sm1smom
Super Moderator
I'm sorry I don't understand what you're saying here. Are you saying you did
1. Unauthorized work off campus
Or
2. Authorized work off campus
Unauthorized work off campuss but emloyer paid my all taxes and also i have friends they got their green card by marriage they were in f1 status they did unauthorized work they paid taxes
I do not have it. It is not easy to apply and get it in my country in short time, so I am submitting the applications without it.
I though if I have my Master that means I already graduated and have HS diploma.
How about that?
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SusieQQQ
Well-Known Member
Not sure if it works different for marriage. I know there are waivers for some ineligibilities.
(Edit: having looked a bit further, an immediate relative (which includes spouses) means some ineligibilities do not apply, including unauthorized work. This is why your friends were ok.)
Unauthorized employment violates F1 status. http://www.imwong.com/common-immigration-questions-answers/
Having been out of status means you cannot get a DV visa until the relevant ban is complete. It is very difficult to get a waiver for ineligibilities under DV, you basically have to prove extreme hardship to a US citizen from what I understand.
I'm sure mom will have better info/proper citation.
By the way you seem to think paying taxes makes everything ok. If only! A lot more people could go work in the US if it was that simple....
Also to add the obvious you don't want to lie on your immigration paperwork. That gets you a lifetime ban.
So from what I can see you cannot get a visa through DV. You would have better luck finding a spouse.
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Sm1smom
Super Moderator
Oh yes you have a violation which makes you out of status. Just because your employer paid your taxes does not mean all is well. Did you inform your school about the unauthorized work? If you informed them, did your DSO take the appropriate steps to get you reinstated to your F1 status? If you never did, you've been out of status all these time.
You cannot adjust status as it is, you should talk to lawyer or consider processing CP. Your friends were equally out of status, however the law allows an out of status person to adjust based on marriage to a USC, that provision does not apply to a DV based adjustment.
Sm1smom
Super Moderator
Yes, that is the assumption. However, some IOs are known to have insisted on seeing the Diploma itself at the time of the interview. A DV 2013 applicant actually came back to report on this, fortunately he had made arrangements to obtain the diploma it just didn't get here on time before the interview, but it eventually did arrive less than a week after. He was able to send it to his IO and got approved.
Fingers crossed your IO might not make an issue if it.
SusieQQQ
Well-Known Member
But from what I understand the ineligibility still prevents an immigrant visa being issued, even under CP?
Sm1smom
Super Moderator
Yes it should and he is no doubt out of status, which does not necessarily mean he has accrued any unlawful presence yet especially if his admission status says D/S and formal removal procedure have not been initiated against him. Therefore, there's the possibility the CO may not be aware of the violation, he is not required to submit IRS returns with CP, which is required with AOS. He is not required to inform the CO about the unauthorized employment unless they ask him.
My ssn card says this is only for work with dhs authorize nd im not working in 2 yrs i changed 2 schools by transfer if im out of status right now how they get me transfer and i asked to my school is there problem with my status they said no idk what will happen
Sm1smom
Super Moderator
I'm not going to spend my time arguing with you here. I know what the SSN card of F1 visa holders says. The fact that you haven't worked for the past 2 years or that you've been able to switch schools does not negate the fact that you're out of status and cannot apply for immigration benefits from within the US except under certain circumstances.
Your old or new school is not responsible for checking wether you've worked off campus or not. For as long as you're carrying the required number of credits, they will be under the assumption that you're maintaing status. Did you ever inform either your old school or the new one that you worked off campus without authorization?
Sm1smom
Super Moderator
Who ever said you should hide the fact that you've worked? Of course you will be making the biggest mistake if you think you can successfully hide this violation for as long as you're processing AOS