DV 2018 AOS Only

[Sm1smom]

As Xarthisius and mom have noted, it’s free IF you file with your I485. But you’ve filed that already, right? So you can’t cofile it now.

Actually it is possible to file for the EAD months after the I-485 submission and it is still free. It just isn’t a smart move for a DV based AOS petitioner to make considering the processing time. Best time to file is with the I-485 submission.

 

[Sm1smom]

I don't think it's true. I think you can send I-765 as long as I-485 is pending and it's still free. I'm looking for a link...

Yup!

 

[SusieQQQ]

I don't think it's true. I think you can send I-765 as long as I-485 is pending and it's still free. I'm looking for a link...

Update: There it is (straight from "Form I-765 Instructions 07/17/17 N Page 16 of 19"):
NOTE: If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, as of July 30, 2007, and you paid the Form I-485 filing fee, no fee is required to also file a request for employment authorization on Form I-765. You may file the Form I-765 with your Form I-485, or you may submit the Form I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of Form I-485 as of July 30, 2007

Thanks for correction. So no basis at all for what lawyer told him, assuming he was understanding her correctly.

I do find myself wondering how much this lawyer is being paid for her advice.

 

[Sm1smom]

Thanks for correction. So no basis at all for what lawyer told him, assuming he was understanding her correctly.

I do find myself wondering how much this lawyer is being paid for her advice.

I don’t think the OP understands what the lawyer told him - and he doesn’t seem to understand what we’ve said so far either. I noticed he hasn’t bothered to answer any of the specific questions he’s been asked here to date.

 

[AlexRus]

Hello
I hope you can help me.
I won at DV 2018. I arrived in the United States 05/02/2017 with the tourist visa and at the border received a stamp on my passport for a stay of 6 months in the US. In October 2017 I sent form i539 for extend the period of stay in the US for 6 months more and I received the approval form valid until 05/02/2018.
My AOS DV process:
8 February 2018 I collected and sent form I-485 with all evidence and documents for USCIS;
16 February 2018 I recived notice-receipt with my case number;
2 March 2018 I recived date and time of appointment for biometric and fingerprint;
5 March 2018 I passed biometric data and fingerprint;
30 March 2018 I got the email from KCCDV@state.gov with attachment Ajustment of Status Mail Form and request money order $330;
2 April 2018 I sent Ajustment of Status Mail Form and money order;
Now I am waiting the interview in Chicago IL.
But my extended period for my tourist visa expire at 2 May 2018.
What can I do now? Maybe I can try extend my tourist visa again?
What are the options?
Sorry for my bad English

 

[D.D]

1. It’s worth a shot, no guarantees the customer rep you speak with will initiate the request.
2. The idea is to utilize all legal avenues to follow up on your case. An expedite request is more or less a case inquiry, which is basically an attempt at getting the needed attention for your case.

Why some cases are being processed in as quickly as 2 months (as per the timeline) and some "get stuck" for months where you have to go through a congressional inquiry? Is it just luck?

 

[D.D]

There are no processing times for the DV Lottery on USCIS website? They have for family and employment based.

 

[SusieQQQ]

Hello
I hope you can help me.
I won at DV 2018. I arrived in the United States 05/02/2017 with the tourist visa and at the border received a stamp on my passport for a stay of 6 months in the US. In October 2017 I sent form i539 for extend the period of stay in the US for 6 months more and I received the approval form valid until 05/02/2018.
My AOS DV process:
8 February 2018 I collected and sent form I-485 with all evidence and documents for USCIS;
16 February 2018 I recived notice-receipt with my case number;
2 March 2018 I recived date and time of appointment for biometric and fingerprint;
5 March 2018 I passed biometric data and fingerprint;
30 March 2018 I got the email from KCCDV@state.gov with attachment Ajustment of Status Mail Form and request money order $330;
2 April 2018 I sent Ajustment of Status Mail Form and money order;
Now I am waiting the interview in Chicago IL.
But my extended period for my tourist visa expire at 2 May 2018.
What can I do now? Maybe I can try extend my tourist visa again?
What are the options?
Sorry for my bad English

May I ask (1) when you found out you were selected for DV and (2) what the reason you gave for your tourist visa extension was - given the timing I am assuming you already intended to stay and adjust status when you filed the extension?

 

[Sm1smom]

Hello
I hope you can help me.
I won at DV 2018. I arrived in the United States 05/02/2017 with the tourist visa and at the border received a stamp on my passport for a stay of 6 months in the US. In October 2017 I sent form i539 for extend the period of stay in the US for 6 months more and I received the approval form valid until 05/02/2018.
My AOS DV process:
8 February 2018 I collected and sent form I-485 with all evidence and documents for USCIS;
16 February 2018 I recived notice-receipt with my case number;
2 March 2018 I recived date and time of appointment for biometric and fingerprint;
5 March 2018 I passed biometric data and fingerprint;
30 March 2018 I got the email from KCCDV@state.gov with attachment Ajustment of Status Mail Form and request money order $330;
2 April 2018 I sent Ajustment of Status Mail Form and money order;
Now I am waiting the interview in Chicago IL.
But my extended period for my tourist visa expire at 2 May 2018.
What can I do now? Maybe I can try extend my tourist visa again?
What are the options?
Sorry for my bad English

No you can no longer apply for an extension - actually you can apply BUT it will not be approved since you’ve already demonstrated an immigrant intent by filing for AOS.

The good news is you will be considered to be in a legal status even if your current status expires on 5/2/2018 and your AOS is still pending, so you don’t have to do anything. Since you filed for AOS and got the NOA from USCIS when you still had a valid, you have nothing to worry about regarding being out of status even if your B2 status expires while your AOS is pending.

 

[Sm1smom]

Why some cases are being processed in as quickly as 2 months (as per the timeline) and some "get stuck" for months where you have to go through a congressional inquiry? Is it just luck?

Processing time depends on:
1. How long it takes for each person to clear their background check
2. The workload of the FO adjudicating the AOS petition - some FOs are pretty backed up, while some have low workloads.

 

[Sm1smom]

There are no processing times for the DV Lottery on USCIS website? They have for family and employment based.

Yes, USCIS does not track processing time for DV based AOS petitions - it constitutes a very small % of their workload.

 

[AlexRus]

May I ask (1) when you found out you were selected for DV and (2) what the reason you gave for your tourist visa extension was - given the timing I am assuming you already intended to stay and adjust status when you filed the extension?

1. I found out about this on the first day of my arrival in the USA.
2. The reason is that I had the trip plan and I actually traveled for all states. It is actually 2 parallel process - extension my tourist status and adjustment of status.

 

[AlexRus]

The good news is you will be considered to be in a legal status even if your current status expires on 5/2/2018 and your AOS is still pending, so you don’t have to do anything. Since you filed for AOS and got the NOA from USCIS when you still had a valid, you have nothing to worry about regarding being out of status even if your B2 status expires while your AOS is pending.

Does this rule apply to all states? Because my lawyer told me that I must keep my B2 status until the date of interview.

 

[SusieQQQ]

1. I found out about this on the first day of my arrival in the USA.
2. The reason is that I had the trip plan and I actually traveled for all states. It is actually 2 parallel process - extension my tourist status and adjustment of status.

I’m just wondering if you’ll get a picky interviewer who will point out that an extension of B2 would have presumed you were leaving the US afterwards, or did you explicitly state in your reason for extension that you were planning to adjust status?

 

[Sm1smom]

Does this rule apply to all states? Because my lawyer told me that I must keep my B2 status until the date of interview.

The rule is the same. I’m guessing the reason your lawyer said that is to ensure you have a status to fall back on just in case your AOS petition gets denied (I’m sure you already know the AOS petition approval is not automatic). If your AOS petition is denied you could be deemed to have fallen out of status and acquired unlawful presence from the day your extended status expired.

Right now, there’s no other way for you to keep your B2 status. A tourist visa is intended for temporary visits, not for living in the US. You would have been living in the US for one year by 05/02 (assuming your AOS petition is still pending). For that reason, plus the fact that you’ve already demonstrated an immigrant intent (people on NIV are not expected to have immigrant intents), I am positively certain you will not be granted another extension by USCIS.

 

[SusieQQQ]

, plus the fact that you’ve already demonstrated an immigrant intent (people on NIV are not expected to have immigrant intents), I am positively certain you will not be granted another extension by USCIS.

Hence the reason for my earlier question, thus far evaded. On the same principle, if he’d been honest about intentions to adjust, the original extension would presumably not have been granted.

 

[Sm1smom]

Hence the reason for my earlier question, thus far evaded. On the same principle, if he’d been honest about intentions to adjust, the original extension would presumably not have been granted.

I have no doubt the extension was primarily for the purpose of filing AOS. I’m not dwelling on it because he already got the extension and filed AOS anyways, that’s something he’ll have to deal with should his IO decide to make a case of it.

 

[AlexRus]

I’m just wondering if you’ll get a picky interviewer who will point out that an extension of B2 would have presumed you were leaving the US afterwards, or did you explicitly state in your reason for extension that you were planning to adjust status?

My reason was travel only and I showed my air ticket for leaving US 2 May 2018. Now i have approval notice for B2 extension. Do you think this fact may be problem if the interview will be after 2 May 2018?

 

[SusieQQQ]

My reason was travel only and I showed my air ticket for leaving US 2 May 2018. Now i have approval notice for B2 extension. Do you think this fact may be problem if the interview will be after 2 May 2018?

Personally I think it could be a problem even if the interview is before, given that when you discovered you won DV was well before your first extension was filed never mind the second one, but as mom alluded to above the interviewing officer may or may not decide to make an issue of what seems to me anyway (I’m not a lawyer) to be misrepresentation to gain an immigration benefit. You however indicated you are consulting an attorney so I presume they know more about this than I do if they have indicated you will be ok. Whatever the outcome I do hope you will update us after your interview.

 

[AlexRus]

Personally I think it could be a problem even if the interview is before, given that when you discovered you won DV was well before your first extension was filed never mind the second one, but as mom alluded to above the interviewing officer may or may not decide to make an issue of what seems to me anyway (I’m not a lawyer) to be misrepresentation to gain an immigration benefit. You however indicated you are consulting an attorney so I presume they know more about this than I do if they have indicated you will be ok. Whatever the outcome I do hope you will update us after your interview.

Interview officer could ask me about my tourist status if I got approved for extantion already? I thought than the interview officer on AOS process will ask me about AOS process only.