Thank you Sm1smom. May I impose further on you? Could you advise what is the implication of the procedural rule? Is it that if I don't wait the required 30-60-90 days before demonstrating immigrant intent and my application for AOS is denied I may/will not be able to revert to F1 status?
DV 2015 AOS Only
- Thread starter Sm1smom
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Thank you Sm1smom. May I impose further on you? Could you advise what is the implication of the procedural rule? Is it that if I don't wait the required 30-60-90 days before demonstrating immigrant intent and my application for AOS is denied I may/will not be able to revert to F1 status?
Sm1smom
Super Moderator
AOS applicants only needed to submit DSP-122, (while those doing CP had to submit both DSP-122 and DS-230) in the past to inform KCC of their intention to do AOS. The 2015 DV Memo I posted somewhere above indicates that questions from DSP-122 and DS-230 forms were integrated into creating the DS-260 form applicable to DV selectees, so I'm guessing there's a section where one can indicates where they wish to be interviewed.
Sm1smom
Super Moderator
For as long as you did not violate your F1 status and you still have a valid I-120, you will always be able to revert back to your F1 status in the event your AOS application gets denied. The main implication is simply that there's a higher chance of the application being denied. Because F1 is not a dual intent visa, they sometimes come down hard when one attempts to ajdust status within 30 days of entering the US. The truth is almost everyone who comes into the US with one form of visa or the other is secretly harboring immigration intent, so some are of the opinion that waiting for a certain period of time before declaring such an intent is irrelevant, but I believe in being safe than sorry.
I know this is being speculative and dependent on the officer handling the AOS application, but do you think that the fact that I have been validly in the US for almost 10 years and will be away for just over a week in July to attend the conference, as opposed to entering the US for the first time or after a long time and immediately seeking immigrant status, serve as a mitigating factor? I'm just trying to assess every angle and eventuality before making a final decision as to the course of action I will pursue. Your assistance has been valuable and is very much appreciated.
Sm1smom
Super Moderator
I would think that should indeed serve as a mitigating factor, but like you rightly noted, at the end of the day the final decision depends on the IO handling your case
Sm1smom
Super Moderator
That question is a bit tricky, my guess is you need to answer Yes. However it is not an assitance that can lead to the recipient being deemed as likely to become a public charge, which is what I believe the question is actually trying to determine. I bet if you select yes, it will ask you to list the type(s) of public assistance you're currently receiving. You may want to post this question on avvo.com to see the sort of response you get though.
Hi there,
New forum, nice
Good question, interesting that nobody wrote about their experience of filling the online DS260 yet. I am *guessing* that there is some kind of a dropdown selection of where (which consulate) you want to schedule your appointment and one of the options is "USCIS" which would indicate AOS. If somebody who has filled the online form could tell us, that'd be great.
Also, any instructions they may see while filling the form are also welcome here, since we can't see anything unless we fill the form for real which we can't.
New forum, nice
Good question, interesting that nobody wrote about their experience of filling the online DS260 yet. I am *guessing* that there is some kind of a dropdown selection of where (which consulate) you want to schedule your appointment and one of the options is "USCIS" which would indicate AOS. If somebody who has filled the online form could tell us, that'd be great.
Also, any instructions they may see while filling the form are also welcome here, since we can't see anything unless we fill the form for real which we can't.
Sm1smom
Super Moderator
Thanks for the confirmation Hammer67.
I posted a similar question on www.avvo.com namely what are the implication of filing DS-260 on returning to the US in late July vis-a-vis the 30/60 rule, and the following is the advice provided by one of the attorneys:
"No, don't worry! The 30/60/90 day rule you're referring to only starts to kick in from the date of your last admission into the United States. Also, since you have returned invalid F1 student visa, and I assume to resume your studies or OPT, the 30/60/90 day rule is not applicable to your situation. Besides, depending on the selection number you have, you will not be able to file any thing related to DV before October 1st. anyway."
I am assuming that he meant "returned in valid F1 student visa" and inadvertently merged "in" and "valid". So according to him the 30/60 rule does not apply and furthermore he places some significance on the timing of the filing of the I-485 implying that the time between re-entry into the US and submission of the I-485 AOS application is the key factor and not the time frame between re-entry and submission of the DS-260. I am inclined to ignore the advice as I have seen instances of contradictory responses on avvo.com by different attorneys to the same question. But I though I would post it here for "information" purposes.
Incidentally another attorney posted this response: "The rule applies to DOS. USCIS is not really bound by any of it. They can find preconceived immigrant intent even beyond this time."
Britsimon
Super Moderator
Yes, be careful about following attorney advice on DV matters. They do not have the experience needed, and they almost always make mistakes. For instance, the first quote says you can't file anything DV related prior to October 1st. That is ioncorrect. People with DV2015 aos cases current in October will be able to file in mid August.
Sm1smom
Super Moderator
Personally, I would rather err on the side of caution. The response by the 2nd attorney:
is the reason I like to point out the 30/60/90 days procedural rule to applicants. Don't give the IO any reason to deny your case, everyone with a NIV or trying to come into the US is really assumed to have an immigrant intent.
Bottom line is everyone should do what their mind tells them to do.
SusieQQQ
Well-Known Member
Just to emphasize that immigrant intent is legally the starting presumption in NIV applications - see for example the section 214(b) denial explanation here. http://travel.state.gov/content/visas/english/general/denials.html
While I know that it's a few months away, I'm compiling all the information I can to ensure that i don't make any mistakes. In submitting Form I-485, apart from the various forms (G-325A, G-1145 etc.) and the medical report (I-693) am I required to submit the originals of any other documents or do I submit copies and take the originals to the interview? For example, the I-136 and bank statements.
Sm1smom
Super Moderator
It's okay to submit copies, just make sure those copies are clear and legible. Depending on the quality of the copying machine being used, it's sometimes difficult to even tell an original apart from a copy
Will my applying for Adjustment of Status as a result of being selected for DV-2015 affect my F1 status as a graduate student especially in terms of the ability to work on campus? Working in one of the university labs as a research assistant is an integral aspect of my program and the basis for my doctoral thesis. It also allows me to receive a stipend. By submitting the I-485 would my status automatically change, and would I have to apply for an EAD (Form I-765) to be able to continue working?
I imagine it might take some time for the EAD to be issued. Until then would I have to halt my program?
What happens if both AOS and EAD are denied?
I imagine it might take some time for the EAD to be issued. Until then would I have to halt my program?
What happens if both AOS and EAD are denied?