Thank you, I am not certain about it
DV 2016 AOS Only
- Thread starter Sm1smom
- Start date
Sm1smom
Super Moderator
Yes.
Hello,
I have won the diversity visa lottery and current I'm student in US. I have valid I20 for D/S, however my visa was expired last year. I want to know whether am I eligible for the adjustment of status ?
In USCIS web site it says,
1)Have been selected for a diversity visa by DOS’s lottery;
2) Have an immigrant visa immediately available at the time of filing an adjustment application (Form I-485, Application to Register Permanent Residence or Adjust Status); and
3) Are admissible to the United States.
I'm little confused with statement 2 and 3. Some one told me that "you can not adjust status, but since you are a "status violator" rather than an overstay, you have no unlawful presence"
Please give me your suggestions.
Thanks,
Kalu
I have won the diversity visa lottery and current I'm student in US. I have valid I20 for D/S, however my visa was expired last year. I want to know whether am I eligible for the adjustment of status ?
In USCIS web site it says,
1)Have been selected for a diversity visa by DOS’s lottery;
2) Have an immigrant visa immediately available at the time of filing an adjustment application (Form I-485, Application to Register Permanent Residence or Adjust Status); and
3) Are admissible to the United States.
I'm little confused with statement 2 and 3. Some one told me that "you can not adjust status, but since you are a "status violator" rather than an overstay, you have no unlawful presence"
Please give me your suggestions.
Thanks,
Kalu
Sm1smom
Super Moderator
Statements 2 and 3 basically means you're eligible to file an adjustment when your CN becomes current and if you entered the U.S. legally.
Forget the BS someone told you about being a status violator because your visa has expired. Regardless of the expired visa (which by the way is simply used as an admission document into the U.S.), you're considered as being in status as long as your I-20 admission status says "D/S" AND you've never dropped out of school at any point in time since entering the U.S.
Thanks a lot MOM.
MOM,
So in statement two in above criteria ( Have an immigrant visa immediately available at the time of filing an adjustment application (Form I-485, Application to Register Permanent Residence or Adjust Status)) means my case number right? not about my current visa? My case number is 2016AS00000xxx and I'm a Asian. This CN is already available right now. That's mean I can start the AOS process , correct ?
Amiru
Member
Mom,
1) I'm going to move to a new place, but I put my previous address while I was filing DS-260 form. So I guess they will send my GC (if Accepted) to the previous address? Do I need to notice them or request for editing my DS-260? or just changing address at post office is fine?
2) While I'm filing I-485 or other forms, should I write my new address? Does having different address in my DS-260 and other forms make any problem?
3) In I-485, part 2 (application type), which one is more applicable for me? I guess the first one (a), but not sure what does it mean by "An immigrant petition giving me an immediately available immigrant visa number that has been approved"?
Thanks!
1) I'm going to move to a new place, but I put my previous address while I was filing DS-260 form. So I guess they will send my GC (if Accepted) to the previous address? Do I need to notice them or request for editing my DS-260? or just changing address at post office is fine?
2) While I'm filing I-485 or other forms, should I write my new address? Does having different address in my DS-260 and other forms make any problem?
3) In I-485, part 2 (application type), which one is more applicable for me? I guess the first one (a), but not sure what does it mean by "An immigrant petition giving me an immediately available immigrant visa number that has been approved"?
Thanks!
Sm1smom
Super Moderator
Yes, statement 2 is referring to your CN, and definitely not about your current visa.
And no, your CN isn't current if you're a 2016 DV selectee. The 2016 FY year starts in Oct, that's the earliest any 2016 CN will become current.
By the way, 'x'ing out all of your CN isn't of any help to anyone trying to guide you, I understand it's a low CN, but it helps to reveal at least the first digit.
You should spend some time going over the AOS spreadsheet for a better understanding of the DV based AOS process. You'll find the link to the spreadsheet in the first post on page 1 of this Thread.
Sm1smom
Super Moderator
1. The address in your DS-260 form becomes irrelevant once you submit your AOS package. The GC will be mailed to the address on your I-485.
2. Use the current address. See response 1 above.
3. 'H' is applicable to you, and you'll need to type/write in something like "DV Lottery Winner. Selectee Letter Attached" on the blank space.
FromTheDesert
New Member
Hi Mom!
First, thank you so much for helping everyone, it is amazing how you're doing this voluntarily!!
I am on F1, OPT STEM expiring February 28 2016 and working in the states, last entry was April 13th 2015 after a 2 weeks vacation
my F1 Visa stamp is expired now but my I-20 is valid
been selected, case number 2016AS00003XXX
1) Should I go ahead with AOS?
2) best time to submit my DS-260?
Thank you so much in advance!!!
First, thank you so much for helping everyone, it is amazing how you're doing this voluntarily!!
I am on F1, OPT STEM expiring February 28 2016 and working in the states, last entry was April 13th 2015 after a 2 weeks vacation
my F1 Visa stamp is expired now but my I-20 is valid
been selected, case number 2016AS00003XXX
1) Should I go ahead with AOS?
2) best time to submit my DS-260?
Thank you so much in advance!!!
Sm1smom
Super Moderator
With your OPT STEM expiring in Feb. 2016 and with your CN of AS3xxx (which I'm treating as closer to 4000, than 3001 - not revealing the next digit after 3 makes it hard to do a better job of guesstimating), opting to go AOS may not quite be a good idea. You could be out of status by the time your CN becomes current, and even if your CN becomes current in January for instance, it's still a dangerous gamble to take attending the interview when your current status has expired.
Of course you could argue about the possibility of early filing, assuming your CN becomes current on Feb. 1st, you could submit your I-485 package from Dec based on the early filing memo. However if your FO decides to deny your petition simply because they're not willing to recognize the early filing memo directive (or they're not aware of its existence), you will no longer be in a valid status by the time the denial comes through, which means you can no longer refile the petition from the U.S.
FromTheDesert
New Member
I see! my CN is actually AS31XX , after submitting my DS260 can I change AOS & do CP once I know about the coming CN cut offs?
Sm1smom
Super Moderator
Yes you certainly can make that change. But be aware that depending on when the request for the change is made, your CP interview may further be delayed, as KCC will need to first process your case file before scheduling you for an interview at your applicable home embassy.
FromTheDesert
New Member
Thank you! the is so helpful
I will do CP, I have 3 weeks of vacation from my employer and I hope that it wouldn't be an issue going back on short notice and using those weeks when it is time for my medical exam and interview...
worst case would be losing my job if it takes longer but getting a green card, worth it.
Sm1smom
Super Moderator
Not a bad plan. Fingers crossed for you. And if it takes longer, the positive spin is you will be coming back as a LPR and you can look for a job elsewhere.
Hello MOM,
Today I had an appointment with immigration officer at USCIS local office. She also told that same thing as you did. Also she told that for 2016, processing will start on Oct 1st , and she told me not to send package before Oct 1st , not even post on 30th Sep; they will reject your application.
Thanks for your information MOM.
(By the way some lawyers in avvo web site told me that I can't do AOS. )
Today I had an appointment with immigration officer at USCIS local office. She also told that same thing as you did. Also she told that for 2016, processing will start on Oct 1st , and she told me not to send package before Oct 1st , not even post on 30th Sep; they will reject your application.
Thanks for your information MOM.
(By the way some lawyers in avvo web site told me that I can't do AOS. )
Britsimon
Super Moderator
To be clear, the policy memo does clearly state that you can file in the few weeks before Oct 1 (once announced as current), but Moms point was that they sometimes reject it (wrongly). However, it is not ALWAYS rejected - and it may be a worthwhile gamble for some...
Sm1smom
Super Moderator
So does this mean going forward, you'll believe what I tell you now?
Anyway, glad to know they confirmed what you were already told here
(see, for those still doubting, we do know what we're saying here ). What she said about not mailing out by Sept 30th and to actually wait till Oct 1st before mailing is BS though. If one decides to use next day courier delivery with the mind of the package arriving at the Chicago Lockbox on Oct 1st (which is what we did back then before the early filing memo release), there's absolutely no ground for denial. Just to clear the air again about the early filing for those whose CN becomes current in Oct, I strongly encourage them to ensure their package only arrives at the lockbox as from Oct 1st. The reason for this is that the possibility of rejection at the lockbox is rather high, simply because the agents are still busy and focused on handling the present FY (2015) packages, in addition to the fact that the 2016 FY hasn't quite started. Of course that's not to say some 2015 October cases weren't accepted in based on early filing. #justsaying!