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DV 2017 AOS Only

Thanks for your answer and sorry if I bothered you.

My question is chancing the answer at the interview is acceptable. since I misunderstand and mistakenly answer No for the public assistance question. My understanding to question was Medicaid is not a public charge and in the mean time I am not willing to take any assistance in the future.
 
meme-hadi said:
Thanks for your answer and sorry if I bothered you.

My question is chancing the answer at the interview is acceptable. since I misunderstand and mistakenly answer No for the public assistance question. My understanding to question was Medicaid is not a public charge and in the mean time I am not willing to take any assistance in the future.
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One is expected to always truthfully answer any question asked when it comes to immigration matters, regardless of the outcome. If asked during your interview if you've ever received public assistance, you say the truth.
 
Hello everybody, thanks for running this amazing and helpful forum! I'd like to ask a quick question.

I am a DV 2017 selectee and I will be adjusting status from H1b, my CN is EU 20xxx, so my case should be current in April 2017. I will be going back to Europe for vacation during the first 3 weeks of April. My initial plan was to send the AoS package on April 1st, leave on 2nd and come back in 3 weeks. However, I heard from a lawyer at my work that leaving the US after sending the application for AoS will be looked upon as an abandonment of the whole process and the green card application will/can be cancelled. Is that true?

Therefore, my current plan of action will be to send the AoS package after my return (after 3rd week of April).

MY QUESTION: Can there be any harm in me sending the AoS package towards the end of April (the month my case will be current in)?
Ps: I know that there is an option of an Advance Parole (I-131), but I would like to avoid that unless necessary.

Thanks!!

Chrys
 
Chrys said:
Hello everybody, thanks for running this amazing and helpful forum! I'd like to ask a quick question.

I am a DV 2017 selectee and I will be adjusting status from H1b, my CN is EU 20xxx, so my case should be current in April 2017. I will be going back to Europe for vacation during the first 3 weeks of April. My initial plan was to send the AoS package on April 1st, leave on 2nd and come back in 3 weeks. However, I heard from a lawyer at my work that leaving the US after sending the application for AoS will be looked upon as an abandonment of the whole process and the green card application will/can be cancelled. Is that true?

Therefore, my current plan of action will be to send the AoS package after my return (after 3rd week of April).

MY QUESTION: Can there be any harm in me sending the AoS package towards the end of April (the month my case will be current in)?
Ps: I know that there is an option of an Advance Parole (I-131), but I would like to avoid that unless necessary.

Thanks!!

Chrys
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As far as I know, if you're on H1B status, you do not need an Advance Parole document to travel outside the US while I-485 is pending. Though, make sure you fulfill all the requirements of your H1B visa before you travel (for example, if you need to get anything signed by your employer or get a letter etc - I don't know how it works. Basically do whatever you've been doing before you travel outside of the country while on H1B status). This is based on the assumption that you have a valid H1B visa sticker on your passport (vs getting the H1B status through COS).

If I were you though, I would at least wait until I get the notice of acceptance from USCIS. So that you don't lose 3 weeks if anything goes wrong (i.e if you forget to sign your form and/or attach a check with wrong amount etc) and USCIS rejects your package.
 
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Chrys said:
Hello everybody, thanks for running this amazing and helpful forum! I'd like to ask a quick question.

I am a DV 2017 selectee and I will be adjusting status from H1b, my CN is EU 20xxx, so my case should be current in April 2017. I will be going back to Europe for vacation during the first 3 weeks of April. My initial plan was to send the AoS package on April 1st, leave on 2nd and come back in 3 weeks. However, I heard from a lawyer at my work that leaving the US after sending the application for AoS will be looked upon as an abandonment of the whole process and the green card application will/can be cancelled. Is that true?

Therefore, my current plan of action will be to send the AoS package after my return (after 3rd week of April).

MY QUESTION: Can there be any harm in me sending the AoS package towards the end of April (the month my case will be current in)?
Ps: I know that there is an option of an Advance Parole (I-131), but I would like to avoid that unless necessary.

Thanks!!

Chrys
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From uscis itself:

Can I travel while my I-485 is pending?
You may request travel authorization while your Form I-485 is pending. You must file a request for advance parole authorization with USCIS and have that request approved prior to travel or your Form I-485 will be considered abandoned at the time of your departure from the United States. To learn more about Travel Authorization please visit the Travel Documents page.

https://my.uscis.gov/helpcenter/article/can-i-travel-while-my-i-485-is-pending
 
Chrys said:
Hello everybody, thanks for running this amazing and helpful forum! I'd like to ask a quick question.

I am a DV 2017 selectee and I will be adjusting status from H1b, my CN is EU 20xxx, so my case should be current in April 2017. I will be going back to Europe for vacation during the first 3 weeks of April. My initial plan was to send the AoS package on April 1st, leave on 2nd and come back in 3 weeks. However, I heard from a lawyer at my work that leaving the US after sending the application for AoS will be looked upon as an abandonment of the whole process and the green card application will/can be cancelled. Is that true?

Therefore, my current plan of action will be to send the AoS package after my return (after 3rd week of April).

MY QUESTION: Can there be any harm in me sending the AoS package towards the end of April (the month my case will be current in)?
Ps: I know that there is an option of an Advance Parole (I-131), but I would like to avoid that unless necessary.

Thanks!!

Chrys
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Because you have a dual intent visa, traveling outside the US after AOS petition submission DOES NOT result in your petition being considered as abandoned - the lawyers response to your query is wrong. You can travel without an approved AP assuming the current H1B visa on your passport is still valid - that is you do not need to visit the embassy to get a new visa stamp.

My question to you though is: is this trip avoidable? Does it involve a matter of life and death, or can it be delayed for a couple of months? Due to the volatile immigration situation currently happening in the US, I honestly wouldn't advocate anyone filing for AOS travel out while the petition is pending, regardless of if they're from one of the 7 'hot' countries or not. Or whether they have an approved AP, or they have a dual intent visa or not.
 
Hi Mom,
Do you know what would be answered to the following question in Tax return form (1040NR), if I have not sent I485 and even my case number has not been announced yet?! Just submitted Ds-260!
"Have you ever applied to be a green card holder (lawful permanent resident) of the United States?"

Thanks.
 
AS2017 said:
Hi Mom,
Do you know what would be answered to the following question in Tax return form (1040NR), if I have not sent I485 and even my case number has not been announced yet?! Just submitted Ds-260!
"Have you ever applied to be a green card holder (lawful permanent resident) of the United States?"

Thanks.
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It seems to me like the correct response would be 'No' - you've demonstrated an immigrant intent with the DS260 form submission, you however haven't applied to be a green card holder 'yet' since you're yet to submit your AOS petition. I could be wrong though.
 
s2017 said:
Will it be a problem for AOS if you have filed taxes as an F1 student for educational expenses through turbo tax ?
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Fulfill your tax obligations as you normally would have done regardless of if you're a DV selectee or not. When your CN becomes current, send in your AOS package.
 
s2017 said:
Will it be a problem for AOS if you have filed taxes as an F1 student for educational expenses through turbo tax ?
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Are you considered a resident alien for tax purposes? If so I don't think it's a problem. As far as I know you can't file with turbotax if you are not considered resident alien.
 
mira88 said:
Are you considered a resident alien for tax purposes? If so I don't think it's a problem. As far as I know you can't file with turbotax if you are not considered resident alien.
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No I am not. I am on F1-visa but I have filed previously using Turbo Tax and got the returns. Will this be a problem for AOS cases ?
 
Hi Mom,

First of all, let me thank you for all the work and dedication that you clearly put into helping people like myself. It is much appreciated.

Now, on to my case. I have a very high (from what I understand given historical cut-offs) CN of 2017SA000019XX. Please correct me if I'm wrong, but it would seem like my odds of becoming current are quite slim. If this is indeed the case, would you still recommend that I submit a DS-260 as soon as possible? For what it's worth, I would file for AoS since I'm living in DC on H1B status.

Cheers!
 
s2017 said:
No I am not. I am on F1-visa but I have filed previously using Turbo Tax and got the returns. Will this be a problem for AOS cases ?
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Hopefully not, a lot of people make this mistake. Try to do it right this time and file as nonresident alien.
 
uruyankee said:
Hi Mom,

First of all, let me thank you for all the work and dedication that you clearly put into helping people like myself. It is much appreciated.

Now, on to my case. I have a very high (from what I understand given historical cut-offs) CN of 2017SA000019XX. Please correct me if I'm wrong, but it would seem like my odds of becoming current are quite slim. If this is indeed the case, would you still recommend that I submit a DS-260 as soon as possible? For what it's worth, I would file for AoS since I'm living in DC on H1B status.

Cheers!
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I unfortunately can't comment on the section of your post dealing with if or when it's likely to become current as I typically prefer to stay away from number crunching and guesstimating.

If you're concerned about the possibility of your CN becoming current, you can hold off on the DS-260 form submission until the VB shows you're current as a matter of fact before submitting it and it will not have a negative impact on your case. KCC doesn't process the DS form for AOSers so you will be fine waiting until you're certain before submitting it.
 
Hi: I know this question has been asked already, but I could not find the post about that. I will be filing my AOS package next month. I know that I do not have to enclose my high school diploma in the package, but it is better to have the original with you at the interview? What if I cannot find my high school diploma anywhere? Would that be a problem even if I have master degree diploma instead? Thanks
 
mrtPL said:
Hi: I know this question has been asked already, but I could not find the post about that. I will be filing my AOS package next month. I know that I do not have to enclose my high school diploma in the package, but it is better to have the original with you at the interview? What if I cannot find my high school diploma anywhere? Would that be a problem even if I have master degree diploma instead? Thanks
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The expectation is for the petitioner to attend their interview with the original version of any document being submitted in support of their petition - with the exception of translated documents in which case the original translated version needs to be submitted.

Will not having the original copy be a problem? I don't know. I however do know of instances where the IO had insisted on seeing the original diploma.
 
uruyankee said:
Hi Mom,

First of all, let me thank you for all the work and dedication that you clearly put into helping people like myself. It is much appreciated.

Now, on to my case. I have a very high (from what I understand given historical cut-offs) CN of 2017SA000019XX. Please correct me if I'm wrong, but it would seem like my odds of becoming current are quite slim. If this is indeed the case, would you still recommend that I submit a DS-260 as soon as possible? For what it's worth, I would file for AoS since I'm living in DC on H1B status.

Cheers!
Click to expand...

I see Mom has answered your other questions, but about the number.

The max SA number selected is 2017SA1958. So, since you are between 1900 and 1958, you are obviously in last few cases. If we look back at the last couple of years we can see some comparison.

DV2016 was generally "underselected. So SA region got a bit of help with visas from other regions (EU mainly and to some extent OC). The highest selected number was SA1467 and the region went current. In the end the regional quota was just about maxed out as SA got 1370 visas. They could not have taken much more (if any) and I suspect the reason they were able to go current was only because of the underselection in other regions.

DV2015 was a generally "overselected" year. The max SA number selected in that year was 2015SA1969, but the final cutoff was 2015SA1350. That means numbers from 1350 to 1969 never got a chance of interview. From that year they issued 1459 visas.

So - looking at your case number, there is obviously some risk. I don't understand why they added so many selectees in the second draw. It is possible they are unsure of the response rate from Cuba and selected extra to be sure they would fill the quota. So - you obviously can't give up - but at the same time, you have to be realistic about your chances.
 
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