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DV 2015 AOS Only

nycsteph said:
Hi Mom, I also require your expert opinion. I have been selected on a CN Oceania in the 1300's. I am still considering proceeding with AOS. The Spreadsheet has me a little freaked out... It mentions that Consular Processing can lead to "Possible loss of current status (especially if you do not have a dual-intent visa)". I am on the E3 visa. How could this occur? are you saying that they could revoke my E3 if I proceed with Consular Processing? even if my greencard is not approved? Could you elaborate on this?
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With an E3 visa, the possibility of that happening is a lot less than for someone on a F1 visa. I'm not saying it happens often, but there's the possibility a CBP agent could refuse to allow admission back into the country once that intent is openly displayed.
 
AOSnow said:
Thanks for your reply!

1. If I decide to process AOS, may I know how can I include an application for an EAD card? Do you know how long will it take to get approved? Should I submit that application when my case number is below the specified allocation cut-off number in the category C of visa bulletin or before my OPT expires?

2. My case number is 2015AS00014XXX. According to the Visa Bulletin for August 2014, it looks like my case number is not going to be current in September. Does that mean I have no chance to get an interview next year?

3. Is there a deadline to submit DS-260 application? Can I submit my DS-260 application when my number becomes current? Is that too late?

Thanks in advance
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1. Please take a look at the AOS spreadsheet for instructions on how to submit the AOS package and what can be included with it. EAD approval takes about 2 months (sometimes 3) from acceptance. You submit when your CN is below the specified number on the VB. And you need to ensure you're still in status by the time your application is submitted and officially accepted by USCIS

2. I don't know

3. No deadline per se, but waiting until your CN becomes current before submitting your DS form is not a good idea. You will need to include the confirmation email from KCC in your application package.

Just go through the AOS spreadsheet to understand the process.
 
Sm1smom said:
Yes the selectee can do AOS with derivatives doing CP. If you plan on going that route, you will need to indicate follow to join on your DS 260 form. Couple of things to be aware of though:

  • The main selectee may not necessarily get to be interviewed in Oct, even if their CN is current in Oct. interview may take place a couple of months later than planned.
  • USCIS may not send the main applicants file down to the applicable US embassy following the main applicant's interview on time. You may have to keep following up with them to ensure the file gets sent down
  • The US embassy may not have an immediate opening for an interview, so there's no guarantee when the derivative may get called up
  • The derivative will have to do the medical exam in their applicable home country, get PCC and do everything else those doing CP are required to do.
And to your final question, no the main applicant does not need to travel down or attend the interview with the derivative. Since the main applicant is already in the US, the directive for one to enter the US with the main applicant or for the main applicant to enter first has already been met.
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Mom you are a gem! It's all clear. Is it ok to request Advance Parole and travel while DV Lottery is being processed i.e. before the interview?
 
Ifitis2be said:
Mom you are a gem! It's all clear. Is it ok to request Advance Parole and travel while DV Lottery is being processed i.e. before the interview?
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Yes, as long as the AP card is approved and received before the applicant travels. Again, one thing to be aware of with using the AP card (yes, there's always a catch :rolleyes:), is that once the AP card is used to return back to the US, the applicant is no longer in the previous visa status they had before traveling. You are now considerd to be in 'parolee status'.

Some Q/As regarding AP card:

http://www.uscis.gov/news/questions...tment-status-applicants-questions-and-answers
 
For the old timers on this site, what's generally the assessment for the Newark FO? I see online that they have a 7 months delay in processing I-485s. I remember reading here from Brit and Mom that that should not apply to DV cases. Has that been the case? Have you received feedback from people who were processed at Newark within a shorter timeframe? I searched the site but can't find info specific to this FO. Thanks a lot!
 
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Ifitis2be said:
For the old timers on this site, what's generally the assessment for the Newark FO? I see online that they have a 7 months delay in processing I-485s. I remember reading here from Brit and Mom that that should not apply to DV cases. Has that been the case? Have you received feedback from people who were processed at Newark within a shorter timeframe? I searched the site but can't find info specific to this FO. Thanks a lot!
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It looks to me like you haven't quite spent enough time looking at the AOS spreadsheet I've been telling others to look at. The information you're looking for is readily available on that spreadsheet. One of the TABS on it is called "Timelines" - it has links to FOs that past members have reported on with regards to their cases and processing time.
 
Hi Mom,
I have actually, printed the whole thing out and Newark is not mentioned once in 2013 and 2014, which is why I thought to ask here...
 
Not sure if this is helpful, we are doing AOS for DV2015 and submitted our DS-260 on July 3rd and just got this from KCC with regards to next steps

Thank you for informing us of your intention to apply for adjustment of status with the Department of Homeland
Security, U.S. Citizenship and Immigration Services (USCIS).
Please note that there are legal restrictions on who may qualify for adjustment of status in the United States, and
that while most adjustment applications are filed with USCIS, aliens in removal proceedings must file their
adjustment applications with the Immigration Court. You must also pay the Diversity Visa (DV) processing fee
before USCIS or the court will act on your adjustment application.
To adjust to legal permanent resident status through the Diversity Visa program, you must file Form I-485 with
your local USCIS Office. However, you must wait until an immigrant visa number is immediately available to
file Form I-485, otherwise your application will be rejected. To see if an immigrant visa number is immediately
available, check the current Department of State Visa Bulletin at
http://www.travel.state.gov/visa/bulletin/bulletin_1360.html
You must submit the Diversity Visa (DV) "Notification Letter" we sent you to the USCIS office nearest your
place of residence in order to apply for adjustment of status. You may apply to USCIS for adjustment of status
from October 1, 2014 until September 30, 2015. DV - 2015 immigrant visa status is only valid through that date.
If your spouse and/or children currently live outside the United States, they may be eligible to apply for an
immigrant visa under the Diversity Visa program at the U.S. embassy or consulate in their country of residence.
However, the embassy/consulate cannot process your family members' applications until notification is received
from the USCIS advising that you have adjusted status. It is important that you apply for adjustment of status as
soon as possible. Please remember that your spouse and/or children must apply for and be issued immigrant visas
while they are available and before the DV-2015 program ends on September 30, 2015. They will not be eligible
to be issued a visa under this program after that date.
When you apply to adjust status, you must tell the USCIS that you have family members living abroad who will
apply for immigrant visa status at an embassy/consulate. You must request the USCIS to send information about
your family, including their overseas address, to the appropriate embassy/consulate to enable processing of their
visa applications. If you do not tell the USCIS about your family living overseas, and the consulate does not
receive the information from the USCIS, your family members will not be processed for immigration to the
United States under the DV program.
 
Hammer67 said:
Not sure if this is helpful, we are doing AOS for DV2015 and submitted our DS-260 on July 3rd and just got this from KCC with regards to next steps

Thank you for informing us of your intention to apply for adjustment of status with the Department of Homeland
Security, U.S. Citizenship and Immigration Services (USCIS).
Please note that there are legal restrictions on who may qualify for adjustment of status in the United States, and
that while most adjustment applications are filed with USCIS, aliens in removal proceedings must file their
adjustment applications with the Immigration Court. You must also pay the Diversity Visa (DV) processing fee
before USCIS or the court will act on your adjustment application.
To adjust to legal permanent resident status through the Diversity Visa program, you must file Form I-485 with
your local USCIS Office. However, you must wait until an immigrant visa number is immediately available to
file Form I-485, otherwise your application will be rejected. To see if an immigrant visa number is immediately
available, check the current Department of State Visa Bulletin at
http://www.travel.state.gov/visa/bulletin/bulletin_1360.html
You must submit the Diversity Visa (DV) "Notification Letter" we sent you to the USCIS office nearest your
place of residence in order to apply for adjustment of status. You may apply to USCIS for adjustment of status
from October 1, 2014 until September 30, 2015. DV - 2015 immigrant visa status is only valid through that date.
If your spouse and/or children currently live outside the United States, they may be eligible to apply for an
immigrant visa under the Diversity Visa program at the U.S. embassy or consulate in their country of residence.
However, the embassy/consulate cannot process your family members' applications until notification is received
from the USCIS advising that you have adjusted status. It is important that you apply for adjustment of status as
soon as possible. Please remember that your spouse and/or children must apply for and be issued immigrant visas
while they are available and before the DV-2015 program ends on September 30, 2015. They will not be eligible
to be issued a visa under this program after that date.
When you apply to adjust status, you must tell the USCIS that you have family members living abroad who will
apply for immigrant visa status at an embassy/consulate. You must request the USCIS to send information about
your family, including their overseas address, to the appropriate embassy/consulate to enable processing of their
visa applications. If you do not tell the USCIS about your family living overseas, and the consulate does not
receive the information from the USCIS, your family members will not be processed for immigration to the
United States under the DV program.
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That is your 2NL. Do you have any specific question about it?
 
Sm1smom said:
Check 2011 ;), I'm sure it's mentioned there.
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Cheeky mom, there r 2 mentions in 2011 with no finality though…plus I am not sure 2010 data is reliable. But oh well, I guess I will go through the process and find out how good or bad Newark is. :)
 
Ifitis2be said:
Cheeky mom, there r 2 mentions in 2011 with no finality though…plus I am not sure 2010 data is reliable. But oh well, I guess I will go through the process and find out how good or bad Newark is. :)
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:p - that's for calling me cheeky :p

Are we talking abou the same Newark, NJ? I seem to recall about 5(?) cases from that FO on the 2011 Timelines, with most if not all, listed to completion. The data may be old, but I consider it reliable.
 
Sm1smom said:
:p - that's for calling me cheeky :p

Are we talking abou the same Newark, NJ? I seem to recall about 5(?) cases from that FO on the 2011 Timelines, with most if not all, listed to completion. The data may be old, but I consider it reliable.
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ok I'll go back and check. thanks!
 
Brit and Mom, got one from 2013 and 3 from 2011, averaging 80-140 days from aos to cpo. I was misreading the data before, didn't know what cpo meant, lol. Thanks a lot and sorry 2 have bothered u guys.
 
Ifitis2be said:
Hi Mom,
I have actually, printed the whole thing out and Newark is not mentioned once in 2013 and 2014, which is why I thought to ask here...
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Newark FO has been one of the more satisfactory FOs for DV-2014. They definitely know the specifics of the DV process (which is a huge plus) and have been average or better than average in how long it takes them to schedule the interview. DV selectees assigned to Newark have not reported any headaches.

They were not so much satisfactory before 2013.
 
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