DV 2017 AOS Only

[physnep]

I already have a English translation of my birth certificate done by Notary Public (lawyer form approved by the government there) in my home country. Can I use that or I should do the translation here in the US by somebody else?

 

[Sm1smom]

I already have a English translation of my birth certificate done by Notary Public (lawyer form approved by the government there) in my home country. Can I use that or I should do the translation here in the US by somebody else?

My take: better safe than sorry. If the notarized translation doesn't have the signed certification as required by USCIS, I would suggest getting a new translated version done.

 

[saso]

Short answer is every case we are aware of here has seen USCIS follow the reciprocity pages, including in countries where certain documents otherwise necessary have been unavailable. But of course we do not know every case ever adjudicated. You seem to want a level of certainty that I don't think anyone here can give you. I am 100% certain that if you schedule a USCIS appointment on this they will refer to the reciprocity pages, but that won't give you any more certainty than you have already so I'm not really sure what the point would be? Given your own example with the 'memo' where USCIS offices sometimes do or say the wrong thing how can you be sure...even if I point out that the memo (afaik) is NOT linked from any of the USCIS pages but the reciprocity ones are ?

Thanks alot, this is helpful.
I hope you appreciate that I am in a tough spot. If I do pursue the diversity visa AOS then I am no longer eligible to extend my current visa, which I still need for a couple more years to finish a degree program. So that would be me putting all my eggs in the diversity visa basket and if that doesn't work( for whatever reason, including application paperwork) then that outcome would be disastrous to me, meaning I would have to quit my studies and go back home. I have to make this decision of whether to pursue the DV now, it is not easy either way.
Thanks again.

 

[EURO2014]

Thanks alot, this is helpful.
I hope you appreciate that I am in a tough spot. If I do pursue the diversity visa AOS then I am no longer eligible to extend my current visa, which I still need for a couple more years to finish a degree program. So that would be me putting all my eggs in the diversity visa basket and if that doesn't work( for whatever reason, including application paperwork) then that outcome would be disastrous to me, meaning I would have to quit my studies and go back home. I have to make this decision of whether to pursue the DV now, it is not easy either way.
Thanks again.

You are at current on a valid F-1 with valid I-20 or J-1 visa?

 

[saso]

You are at current on a valid F-1 with valid I-20 or J-1 visa?

J1

 

[EURO2014]

J1

O.K. I trust you are then not subject to Section 212 (e) - Two Year Rule?
If you are being exempted, you'll find the following printed on your J visa:
"Bearer is not subject to section 212 (e) Two Year Rule does not apply..." or comparable. Without such statement one may safely assume that respective section 212 (e) obligations will derive from your current J-1 status.

 

[saso]

O.K. I trust you are then not subject to Section 212 (e) - Two Year Rule?
If you are being exempted, you'll find the following printed on your J visa:
"Bearer is not subject to section 212 (e) Two Year Rule does not apply..." or comparable. Without such statement one may safely assume that respective section 212 (e) obligations will derive from your current J-1 status.

I actually am subject to the 2 year home residency requirement, hence the need for a waiver, which will bar me from further extending the visa.

 

[EURO2014]

I actually am subject to the 2 year home residency requirement, hence the need for a waiver, which will bar me from further extending the visa.

This is obviously bad news. You may already know all of this, yet this link includes a good overview on the matter:
http://www.immihelp.com/j1-visa/home-residency-requirement/
And, yes, if your waiver application gets approved you may no longer be eligible for J-1 visa extension. On occasions, obtaining a waiver may take one year or more in total.
Last question then from my end: independently from all of the above, does your current J-1 visa cover the whole time period throughout intended DV AOS I-485 processing (once HRR waiver has been obtained + expected I-485 processing time to DV interview)?

 

[EURO2014]

Do waivers for AOS /J1 work differently to normal? With CP you first need to attend an interview and get denied before you can apply for the waiver (which is technically to overcome the denial).

No, this one works differently: once you have determined that you are subject to the two-year home residence requirement derived from J status, you may unilaterally apply for the waiver, provided one of the five basis for application applies (see under point 3):

http://www.immihelp.com/j1-visa/home-residency-requirement/waiver-application.html

 

[SusieQQQ]

No, this one works differently: once you have determined that you are subject to the two-year home residence requirement derived from J status, you may unilaterally apply for the waiver, provided one of the five basis for application applies (see under point 3):

http://www.immihelp.com/j1-visa/home-residency-requirement/waiver-application.html

Thanks
Worryingly, the link says approval of the waiver can take a year or more in some cases. I believe however that we have had people here reporting doing this successfully for DV in the past?

 

[EURO2014]

Thanks
Worryingly, the link says approval of the waiver can take a year or more in some cases. I believe however that we have had people here reporting doing this successfully for DV in the past?

I believe this inter alia depends on the basis of the specific waiver application, i.e. the "No Objection Statement Waiver" tends to go through faster, assuming the home country government plays ball, the other four (if at all applicable) tend to take longer in principle. Hence my watch out in terms of current visa duration for intended DV AOS processing.

 

[saso]

This is obviously bad news. You may already know all of this, yet this link includes a good overview on the matter:
http://www.immihelp.com/j1-visa/home-residency-requirement/
And, yes, if your waiver application gets approved you may no longer be eligible for J-1 visa extension. On occasions, obtaining a waiver may take one year or more in total.
Last question then from my end: independently from all of the above, does your current J-1 visa cover the whole time period throughout intended DV AOS I-485 processing (once HRR waiver has been obtained + expected I-485 processing time to DV interview)?

I am covered until July 2017

 

[EURO2014]

I am covered until July 2017

Have you mentioned somewhere above your DV 2017 region & number? The critical path in your DV adventure, though, may ultimately turn out to be the approval of the HRR waiver, as that will in turn determine your I-485 filing date etc. At the very minimum you must be in status when filing the I-485 (otherwise you would have no basis filing AOS at that stage), preferably right through final DV interview. Very best of luck, you have your work cut out for you!

 

[CountryGirl]

Hi, again!!

I just received the $330 fee payment receipt, and I am sooo excited!! I thought it would take longer, but I received the receipt in a week since I sent the payment. Maybe it was because I forgot to send them the self-addressed envelope, so they just emailed to me.

I know that patience is a virtue, but I am getting anxious every minute... Ok, next step is sending the package, and waiting for the interview. My Case # is supposed to become current in November. So, I'll send the package by November 1st, because I already have all the papers (except for the medical exam, that I am waiting to do that because of the 3/6 months validity).
I don't know if you can guess based of past years experiences, but my question is, Do you know when will my interview be scheduled approximately? I mean, about how long do they usually take to process the papers and send you the appointment letter? 1,2,3 months from November...?? I just wanted to be ready for the wait, if it takes several months...

Thank you very, very much!!!

 

[Sm1smom]

Hi, again!!

I just received the $330 fee payment receipt, and I am sooo excited!! I thought it would take longer, but I received the receipt in a week since I sent the payment. Maybe it was because I forgot to send them the self-addressed envelope, so they just emailed to me.

I know that patience is a virtue, but I am getting anxious every minute... Ok, next step is sending the package, and waiting for the interview. My Case # is supposed to become current in November. So, I'll send the package by November 1st, because I already have all the papers (except for the medical exam, that I am waiting to do that because of the 3/6 months validity).
I don't know if you can guess based of past years experiences, but my question is, Do you know when will my interview be scheduled approximately? I mean, about how long do they usually take to process the papers and send you the appointment letter? 1,2,3 months from November...?? I just wanted to be ready for the wait, if it takes several months...

Thank you very, very much!!!

Congratulations on getting your payment receipt within a week.

Hard to say when the interview may be. I can't guesstimate your interview month because I don't even know your FO (Field Office) to start with. Interviews are dates are strictly determined by the FO responsible for adjudicating the AOS petition (FOs are determined based on the home address listed on the I-485 form), so interview dates may vary for two cases current and filed the same day/month but with different FOs.

However you may be able to determine how quickly your applicable FO adjudicates DV based AOS petitions by looking at both the current (2016) and past Timelines we've put together - links to all the Timelines spreadsheets we have can be found on one of the tabs on the AOS process spreadsheet. Also bear in mind some FOs will not schedule an interview date if the petitioner's background check is still pending.

I suggest you spend some time going over the DV 2016 AOS Thread (and possibly other previous AOS Threads too, if time permits) for an idea of how the processing has been going for others.

 

[xellos93]

Thank you for the help so far. Couple more questions:

1) For HS diplomas, birth certificates and such, is a certified translation done by somebody in the US preferable to one done in my home country? Or does it not really matter?

2) For translated documents, should the translation certification statement be included on a separate sheet of paper or instead, if possible, on the same page as the translated document (e.g. at the very bottom)? I feel the latter is better because it proves without doubt which translation the certification refers to, as the translation and certification are on the same piece of paper. Not sure if USCIS actually cares though.

3) Is it enough to show proof of having finished high school (by the means mentioned by USCIS here), or are diplomas from middle school and such also required?

4) Is there an official list of high school diploma equivalents for people outside the US? I found this unofficial one, but not sure how reliable it is.

 

[Sm1smom]

Thank you for the help so far. Couple more questions:

1) For HS diplomas, birth certificates and such, is a certified translation done by somebody in the US preferable to one done in my home country? Or does it not really matter?

2) For translated documents, should the translation certification statement be included on a separate sheet of paper or instead, if possible, on the same page as the translated document (e.g. at the very bottom)? I feel the latter is better because it proves without doubt which translation the certification refers to, as the translation and certification are on the same piece of paper. Not sure if USCIS actually cares though.

3) Is it enough to show proof of having finished high school (by the means mentioned by USCIS here), or are diplomas from middle school and such also required?

4) Is there an official list of high school diploma equivalents for people outside the US? I found this unofficial one, but not sure how reliable it is.

1. A US certified translation is preferable (my opinion), a foreign certified translation may be acceptable.

2. Both formats are acceptable, USCIS certified example is provided as follows:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and [enter appropriate language] languages, and that the above/attached document is an accurate translation of the document attached entitled [enter title of document].
Signature
Typed Name
Address
Date

3. HS Diploma

4. No official list provided

 

[justsomeguy]

Hi Mom

I just lost my job as of this morning. I have filed the adjustment of status request but have not received the 2NL from KCC. I have two questions:
1. If I return to my home country, what is the minimum amount of time that the consular processing route will take if I change my DS-260 today?
2. If I receive another job and acquire new legal status in the US (under an E3 visa), how will this impact the AOS process? Do I withdraw my current application and wait to resubmit it? I have a very low number (two digits)

Thanks

 

[Sm1smom]

Hi Mom

I just lost my job as of this morning. I have filed the adjustment of status request but have not received the 2NL from KCC. I have two questions:
1. If I return to my home country, what is the minimum amount of time that the consular processing route will take if I change my DS-260 today?
2. If I receive another job and acquire new legal status in the US (under an E3 visa), how will this impact the AOS process? Do I withdraw my current application and wait to resubmit it? I have a very low number (two digits)

Thanks

I'm sorry about your job loss. I hope things work out for you and you find something else real soon.

Now I'm a bit confused by your post, so I can't give an accurate response without further clarification - you said you already filed for adjustment of status. Do you mean you submitted your DS-260 form and indicated you'll be processing AOS, or you've actually sent in your AOS petition itself?

 

[justsomeguy]

I'm sorry about your job loss. I hope things work out for you and you find something else real soon.

Now I'm a bit confused by your post, so I can't give an accurate response without further clarification - you said you already filed for adjustment of status. Do you mean you submitted your DS-260 form and indicated you'll be processing AOS, or you've actually sent in your AOS petition itself?

I apologize - I also confused my lawyer with this terminology. I submitted my DS-260 form. I am a 2017 selectee with a very low number so I will be eligible in October.

The advice I received from my lawyer is that if I can manage to remain employed until September, then I can file for an adjustment of status in September which will then keep me in status until I receive my work card. Do you agree with this? I am debating doing the CP process but am obviously trying to juggle my ability to find new work in the US which requires me being physically here.