Great. Many thanks mom and really appreciate your help
DV 2018 AOS Only
- Thread starter Sm1smom
- Start date
Sm1smom
Super Moderator
Sm1smom
Super Moderator
New changes to how USCIS calculates period of Unlawful Presence for F, J, and M Nonimmigrants
Effective Aug. 9th, 2018, anyone in F, J, and M status who failed to maintain their status before that date, will start accruing unlawful presence on that date based on that failure, unless they had already started accruing unlawful presence, on the earliest of any of the following:
Effective Aug. 9th, 2018, anyone in F, J, and M status who failed to maintain their status before that date, will start accruing unlawful presence on that date based on that failure, unless they had already started accruing unlawful presence, on the earliest of any of the following:
- The day after DHS denied the request for an immigration benefit, if DHS made a formal finding that the individual violated his or her nonimmigrant status while adjudicating a request for another immigration benefit;
- The day after their I-94 expired; or
- The day after an immigration judge or in certain cases, the Board of Immigration Appeals (BIA), ordered them excluded, deported, or removed (whether or not the decision is appealed).
Sm1smom
Super Moderator
1. Technically speaking no. However since the I-693 is used in support of an immigrant petition, an argument can be made in support of an immigrant intent being demonstrated.
2. Yes. Paying that fee is a clear demonstration of a person’s intent to file an immigrant petition.
Sm1smom
Super Moderator
I have no way of knowing if your package will rejected or not. So flip the dice and decide on your own.
For example if they reject my documents because I file early. Do I have to pay again 1225$ When I resend it?
Sm1smom
Super Moderator
If the Chicago Lockbox rejects the package due to early filing, you don’t get to pay a new fee. Your check will be returned intact with your AOS package.
If your FO denies your petition due to early filing, you’ll have to pay the fee again, assuming there’s enough time left in the FY to do so.
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Mom could you please explain.
are they mean people who are saying in U.S with visas expire such as F1?
how this related to DV.
Im in valid F1 visa and I will be current next month.
Mom could you please explain.
are they mean people who are saying in U.S with visas expire such as F1?
how this related to DV.
Im in valid F1 visa and I will be current next month.
Sm1smom
Super Moderator
It is about people with expired status, not expired visa. You have nothing to worry about if your status is still valid and you continue to maintain it.b
Thanks mom
I will go current next month and I'm under F1 visa. I have few question hopping you answer.
1) I did not fill the D-260 because I wasn't sure If I will go current and afraid to loose my F1. Q: do you advise to fill it now so they can have enough time to check. Or better to wait next month and then fill it? is filling the application early will be different for AOS?
2) I don't know anyone who can sponsor me, but I'm just one person and I have in US account almost 20,000. is it enough to accept bank statement over a sponsor.? Can any Iawer sponser me ?
3) do have the option to not fill the D260 at all for AOS? and just fill I-485 in case that i rejected not affect my visa? Or filling I-485 has the same effect.
I will go current next month and I'm under F1 visa. I have few question hopping you answer.
1) I did not fill the D-260 because I wasn't sure If I will go current and afraid to loose my F1. Q: do you advise to fill it now so they can have enough time to check. Or better to wait next month and then fill it? is filling the application early will be different for AOS?
2) I don't know anyone who can sponsor me, but I'm just one person and I have in US account almost 20,000. is it enough to accept bank statement over a sponsor.? Can any Iawer sponser me ?
3) do have the option to not fill the D260 at all for AOS? and just fill I-485 in case that i rejected not affect my visa? Or filling I-485 has the same effect.
Sm1smom
Super Moderator
1. You can wait until your CN becomes current before filling and submitting the DS260 form, it will not affect your AOS process.
2. Lawyers do not act as sponsors. A sponsor is someone who knows you and is willing to assist in case you run into financial difficulty. Having an I-130 as a backup option especially for those in student visa status is recommended.
3. Same impact.
The problem is all who I know is a foreign student as me, they cannot be a sponsor. Im grad student with scholarship. If I gave bank account plus monthly financial aid form my sponsor. will be ok ?
Sm1smom
Super Moderator
Like I said, having an I-130 on hand as a backup evidence is recommended. I cannot categorically say if you will or will not be okay without it. The IO adjudicating your case will determine that.
student007
New Member
we are same as you, just include your bank statement and your stubs from school, you have more than what they are asking for.
I appreciate your replay. What do you mean by stubs from school?
Sm1smom
Super Moderator
I highly recommend you don’t make blanket statements such as “you have more than what they are asking for” because I don’t think you know precisely what it is the IO looks at in making a determination if a petitioner is likely to become a public charge or not.