DV-2015 for AOS still submit DS-260?
- Thread starter bh4387
- Start date
I called KCC and the agent I spoke with advised that I still have to submit the DS-260. He didn't sound particularly confident so I also emailed KCC at KCCDV@state.gov to see what the reply would be. However, the "auto reply" was that the email address KCCDV@state.gov is only for case-specific inquiries so that was no help. I happened upon a site (www.avvo.com) that provides free legal advice and saw where the same question was asked and 3 immigration lawyers responded. 2 said the DS-260 is still required and the third said it is only for consular processing! So, it is now as clear as mud! The question then would be, if the DS-260 really isn't required for AOS but is submitted, how would that impact on the AOS application?
To further muddy the waters, the USCIS web site has a section on Adjustment of Status for DV selectees and says that "if USCIS confirms your eligibility to adjust status you should print this message and take it to your local USCIS office. USCIS will provide instructions on how to proceed" But no where does it say how you go about getting USCIS to confirm eligibility. So I called USCIS and the agent basically couldn't answer. I asked whether the DS-260 was required, and she referred me to the DOS web site which of course, doesn't say. I have emailed the consular section of the US Embassy in my home country and am awaiting a reply. Maybe they will provide definitive information.
To further muddy the waters, the USCIS web site has a section on Adjustment of Status for DV selectees and says that "if USCIS confirms your eligibility to adjust status you should print this message and take it to your local USCIS office. USCIS will provide instructions on how to proceed" But no where does it say how you go about getting USCIS to confirm eligibility. So I called USCIS and the agent basically couldn't answer. I asked whether the DS-260 was required, and she referred me to the DOS web site which of course, doesn't say. I have emailed the consular section of the US Embassy in my home country and am awaiting a reply. Maybe they will provide definitive information.
SusieQQQ
Well-Known Member
It's almost like a sitcom...
But anyway, re KCC email being for case-specific enquiries: yours is (you need to know if in your case you need to submit a ds260...) just be sure to put your full name, case number, and date of birth (in US convention mm-dd-yyyy) and they will answer...eventually.
But anyway, re KCC email being for case-specific enquiries: yours is (you need to know if in your case you need to submit a ds260...) just be sure to put your full name, case number, and date of birth (in US convention mm-dd-yyyy) and they will answer...eventually.
That statement has been there all along and effectively does not mean anything. I don't know if any single person actually attempted and has been successful in confirming their eligibility
One can always get an infopass and go ask to the FO, but as long as you've never been out of status, and you are not on some visa waiver program, you can do AOS.
SusieQQQ
Well-Known Member
That statement has been there all along and effectively does not mean anything. I don't know if any single person actually attempted and has been successful in confirming their eligibility
There is at least one exception I know of, which is that certain J visas require visa holders to return to their home countries for a period of time (I think it's 2 years) so they cannot adjust. There may be other exceptions too.
I Scheduled a USCIS infopass visit and the USCIS did after much "searching" provide a determination that the applicant was present in the US legally (H1/H4) and hence AOS is viable, (we understood that to be the case but wanted confirmation), we paid our DV fees to the St Louis drop box and completed online DS-260 for each applicant, scheduled our medical for July and are now waiting for our CN to become current in the September 2014 Visa Bulletin, we were fortunate enough to get a low OC # in DV2015 hence we expect based on historical data to see the rank become current in the September 2014 Visa bulletin, so for now we sit back and wait for August to roll around at which time we plan to file our I-485 etc with USCIS
Britsimon
Super Moderator
I take it then, that getting the USCIS confirmation is not a mandatory step in the process but optional if I want to be assured that I am indeed eligible for adjustment of status? I guess if I don't take the step to get confirmation the only risk is that I might be wasting $330.00 if in fact, I am not eligible?
Britsimon
Super Moderator
what visa are you on?
Have you remained in status all the time?
Will you remain in status until you file?
Britsimon
Super Moderator
Then you are eligible. Simples.
Sm1smom
Super Moderator
Trying to verify AOS eligibility from USCIS is a complete waste of time IMO. In your case based on the information you've provided, you are eligible for status adjustment. Just make sure you do not violate your status by undertaken unauthorized employment and ensure you still have a valid I-20 by the time of your interview.
Sm1smom
Super Moderator
Even those who fall within that category can still adjust status provided they get the necessary waiver before beginning the adjustment process itself.