DV 2018 AOS Only

[Alfred.TZ]

Dear Sm1smom,

You are so kind to provide all the guidance to all the needy.

I am selected for DV 2018 from Africa Region (CN-60**). I think my case will be current in Oct 2017 itself. I am now in my home country but already got F1 Visa in April 2017 and I have to enter the US in August 2017 as my class starts in Aug. Now I have some confusion on either proceed under CP or AOS. In this context, my questions are as follows:

1. May I enter the US under F1 in August and process under AOS?

2. The USCIS website says that:

"There are, however, a small number of lottery winners each year who, at the time of “winning the lottery,” are residing in the United States in a nonimmigrant or other legal status"

It emphasizes AOS is applicable to those who are in the US at the time of “winning the lottery,”. Since I am not in the US at that time, means I am not eligible for AOS?

3. If I am not eligible for AOS, I have to go through CP in the same consulate office which issued my F1 Visa. Should I inform them now that I am not going to US for my study, and I am processing my DV case?

4. If I don’t go the US under my F1, it will be considered as breach of immigration laws of the US and that impact DV case?

5. The University offer the course I am going to do for Non-PR Holder and Non-Citizen of the US only, should I inform the University about my winning of DV and mention them I am not coming for study?

Kindly guide me. I just don’t dare to lose my lifetime opportunity because of my any wrong step please.

 

[SusieQQQ]

Dear Sm1smom,

You are so kind to provide all the guidance to all the needy.

I am selected for DV 2018 from Africa Region (CN-60**). I think my case will be current in Oct 2017 itself. I am now in my home country but already got F1 Visa in April 2017 and I have to enter the US in August 2017 as my class starts in Aug. Now I have some confusion on either proceed under CP or AOS. In this context, my questions are as follows:

1. May I enter the US under F1 in August and process under AOS?

2. The USCIS website says that:

"There are, however, a small number of lottery winners each year who, at the time of “winning the lottery,” are residing in the United States in a nonimmigrant or other legal status"

It emphasizes AOS is applicable to those who are in the US at the time of “winning the lottery,”. Since I am not in the US at that time, means I am not eligible for AOS?

3. If I am not eligible for AOS, I have to go through CP in the same consulate office which issued my F1 Visa. Should I inform them now that I am not going to US for my study, and I am processing my DV case?

4. If I don’t go the US under my F1, it will be considered as breach of immigration laws of the US and that impact DV case?

5. The University offer the course I am going to do for Non-PR Holder and Non-Citizen of the US only, should I inform the University about my winning of DV and mention them I am not coming for study?

Kindly guide me. I just don’t dare to lose my lifetime opportunity because of my any wrong step please.

I would say given your very specific set of circumstances, especially the limitations on your course of study and your low case number in addition to the fact that you would be otherwise clearly entering with immigrant intent on a non-immigrant visa, that it would make more sense for you to stay in your home country and do CP.

Re 4, there is no problem with that. There is nothing in law or in practice that penalizes you for not using a visa you have been granted. (However entering on a non immigrant visa like an F1 while intending to immigrate is in fact a violation of the visa.)

 

[Sm1smom]

Dear Sm1smom,

You are so kind to provide all the guidance to all the needy.

I am selected for DV 2018 from Africa Region (CN-60**). I think my case will be current in Oct 2017 itself. I am now in my home country but already got F1 Visa in April 2017 and I have to enter the US in August 2017 as my class starts in Aug. Now I have some confusion on either proceed under CP or AOS. In this context, my questions are as follows:

1. May I enter the US under F1 in August and process under AOS?

2. The USCIS website says that:

"There are, however, a small number of lottery winners each year who, at the time of “winning the lottery,” are residing in the United States in a nonimmigrant or other legal status"

It emphasizes AOS is applicable to those who are in the US at the time of “winning the lottery,”. Since I am not in the US at that time, means I am not eligible for AOS?

3. If I am not eligible for AOS, I have to go through CP in the same consulate office which issued my F1 Visa. Should I inform them now that I am not going to US for my study, and I am processing my DV case?

4. If I don’t go the US under my F1, it will be considered as breach of immigration laws of the US and that impact DV case?

5. The University offer the course I am going to do for Non-PR Holder and Non-Citizen of the US only, should I inform the University about my winning of DV and mention them I am not coming for study?

Kindly guide me. I just don’t dare to lose my lifetime opportunity because of my any wrong step please.

1. Entering the US on a NIV with a mind of processing AOS is frowned upon. It's called having a preconceived immigrant intent which should lead to none admission into the US.

2. Yes that's what it means technically speaking.

3. Not required. The embassy doesn't need to know every time a person with a visa changes their mind about using it.

4. Nope, no such thing.

5. Letting the school know of your decision to not follow up on your admission would be a decent thing to do.

 

[Alfred.TZ]

1. Entering the US on a NIV with a mind of processing AOS is frowned upon. It's called having a preconceived immigrant intent which should lead to none admission into the US.

2. Yes that's what it means technically speaking.

3. Not required. The embassy doesn't need to know every time a person with a visa changes their mind about using it.

4. Nope, no such thing.

5. Letting the school know of your decision to not follow up on your admission would be a decent thing to do.

Dear Sm1smon,
Thank you for your guidance.

 

[Jord_k]

Dear mom,

Thanks for all the valuable information. I won dv lottery and I am here under F1 visa. My questions are:

1- I have submitted ds 260. However, in the part asking about previous visits to US, I have made a mistake. I have once entered US and never left the country. I entered my length of stay from the enter date until now. Then I realized that it should be the duration of study which is on my I 20. Do I need to unlock the form and correct this or is it a minor mistake?

2- I do not have my high school diploma here, but I have my BS and MS degrees. Should I also provide the high school diploma?

Best,
Jord

 

[Sm1smom]

Dear mom,

Thanks for all the valuable information. I won dv lottery and I am here under F1 visa. My questions are:

1- I have submitted ds 260. However, in the part asking about previous visits to US, I have made a mistake. I have once entered US and never left the country. I entered my length of stay from the enter date until now. Then I realized that it should be the duration of study which is on my I 20. Do I need to unlock the form and correct this or is it a minor mistake?

2- I do not have my high school diploma here, but I have my BS and MS degrees. Should I also provide the high school diploma?

Best,
Jord

1. Don't sweat it. Just make sure the information you'll be providing on your I-485 is accurate.

2. Send for the Diploma in order to eliminate all doubts, there's plenty of time to take care of things like that now.

 

[Jord_k]

1. Don't sweat it. Just make sure the information you'll be providing on your I-485 is accurate.

2. Send for the Diploma in order to eliminate all doubts, there's plenty of time to take care of things like that now.

Thank you for the response.

 

[Katena13]

Hi, I've been selected for DV 2018. My husband and I am currently in USA. He has H1B Visa and I have H4 Visa. We came to USA 3 years ago. Recently my husband made transfer H1B Visa and change employer. We have a new I-797 Forms but we do not have visa stamp in our passports. My question is: would be that an issue if we leave USA after submitting DS-260 to order to get a visa and then will return to USA ?

 

[Puspalal1980]

Hi Sm1smom and Simon,

I have almost same case like Afred.TZ (above post no. #321 ). F1 visa for me and F2 for my wife approved but we have not entered in the US yet. My wife is selected for DV2018 with AS13** (this is also a low case number in Asia Region). I share this case with Britsimon and got suggested to enter into the US under F1 and process AoS after waiting for 30/60/90 Rules.

Now I am confused, either to start CP in my country or enter to the US and wait for AoS. I am also wondering that Alfred.TZ has rightly mentioned at the time of “winning the lottery,” From USCIS website, which is correctly applicable in our case as well that we were not in USA at that particular point of time.

1. It is still safe to go USA and Start AoS after considering 30/60/90 Rules?
2. Better start CP from my Country?

Kindly don't consider this post as repeating already answered query. It is my humble request for clarification of my doubt from experienced and knowledgeable person which may decide my fate.

 

[Seant]

Hi Mom,
For the people whose case becomes current in October 17, when would be the best time to do Medical exam? I am thinking of doing it in July and early filing in August with understanding that it might get rejected.
Assuming I have none of the diseases mentioned on the USCIS website, for how long this medical exam is valid? is it 3 month or 6 month?
if it is either 3 or 6 month, the chances are by the time the FO looks at the test, the test won't be valid anymore. Would it be an issue?

 

[Sm1smom]

Hi, I've been selected for DV 2018. My husband and I am currently in USA. He has H1B Visa and I have H4 Visa. We came to USA 3 years ago. Recently my husband made transfer H1B Visa and change employer. We have a new I-797 Forms but we do not have visa stamp in our passports. My question is: would be that an issue if we leave USA after submitting DS-260 to order to get a visa and then will return to USA ?

Shouldn't be an issue. The question is are you guys leaving the US simply for the purpose of getting visa stamps or you have other needs driving the trip?

 

[Sm1smom]

Hi Sm1smom and Simon,

I have almost same case like Afred.TZ (above post no. #321 ). F1 visa for me and F2 for my wife approved but we have not entered in the US yet. My wife is selected for DV2018 with AS13** (this is also a low case number in Asia Region). I share this case with Britsimon and got suggested to enter into the US under F1 and process AoS after waiting for 30/60/90 Rules.

Now I am confused, either to start CP in my country or enter to the US and wait for AoS. I am also wondering that Alfred.TZ has rightly mentioned at the time of “winning the lottery,” From USCIS website, which is correctly applicable in our case as well that we were not in USA at that particular point of time.

1. It is still safe to go USA and Start AoS after considering 30/60/90 Rules?
2. Better start CP from my Country?

Kindly don't consider this post as repeating already answered query. It is my humble request for clarification of my doubt from experienced and knowledgeable person which may decide my fate.

In your particular case, you and your wife are both currently outside the US, and you have a rather low CN, I would have to disagree with Simon's suggestion. My recommendation would be for you to stay back and process CP. I wouldn't gamble on the 30/60/90 day rule here. Plus when you come in as a LPR and you still want to pursue your studies, you'll save a ton of money.

 

[Sm1smom]

Hi Mom,
For the people whose case becomes current in October 17, when would be the best time to do Medical exam? I am thinking of doing it in July and early filing in August with understanding that it might get rejected.
Assuming I have none of the diseases mentioned on the USCIS website, for how long this medical exam is valid? is it 3 month or 6 month?
if it is either 3 or 6 month, the chances are by the time the FO looks at the test, the test won't be valid anymore. Would it be an issue?

CDC recommends 6 months validity period for a medical exam that reveals no issue, however USCIS has not been going by that. They're still using the one year validity period.

p.s. The FY starts on Oct 1st, not 17th.

 

[Puspalal1980]

In your particular case, you and your wife are both currently outside the US, and you have a rather low CN, I would have to disagree with Simon's suggestion. My recommendation would be for you to stay back and process CP. I wouldn't gamble on the 30/60/90 day rule here. Plus when you come in as a LPR and you still want to pursue your studies, you'll save a ton of money.

Hi Sm1smom,
Thank you very much for your suggestion.

Now I also think it is the safer and better way. If I am not wrong, our number will be current in October 2017 and most probably, by November 2017, we may get our visa. My wife completed her Master, and I am also Graduate; we do't have any criminal and adverse records; we are medically perfect as required by USCIS and we have sufficient amount in our accounts. Considering all these facts, the possibility of denial is almost NIL.

However, is there any other ground(s) which may result denial in DV cases?

Kind Regards,

 

[Sm1smom]

Hi Sm1smom,
Thank you very much for your suggestion.

Now I also think it is the safer and better way. If I am not wrong, our number will be current in October 2017 and most probably, by November 2017, we may get our visa. My wife completed her Master, and I am also Graduate; we do't have any criminal and adverse records; we are medically perfect as required by USCIS and we have sufficient amount in our accounts. Considering all these facts, the possibility of denial is almost NIL.

However, is there any other ground(s) which may result denial in DV cases?

Kind Regards,

Nothing is guaranteed, you can only go in for the interview full of hope. The CO will have the final say.

You may think you have no criminal or adverse records but the background check reveals a hit such as you having similar names to someone already flagged in the system which will require your being put on AP until the check clears. If you're from Iran or a similar country where it is difficult to verify your documents, this will lead to a prolonged AP. Countries you've visited in the past is another thing to consider.

It is also not unusual for someone who always thought they were "medically perfect" to find out they had latent TB or some other disqualifying disease they previously hadn't been aware of having.

Anyway, I said all that to say don't go into the interview feeling cocky, you can go back in with full confidence, not a problem. You're only successful when you get your passport back with the visa in it.

And by the way, the fact that your CN will become current in Oct or Nov doesn't guarantee you'll be getting an Oct or a Nov interview if you do not submit your DS-260 form early enough for KCC to have finished processing it in time to be scheduled for the interview. Bear in mind, notices for October interview go out in August.

 

[SusieQQQ]

And obviously, if there is any lurking disqualifying factor, it will be the same whether doing AOS or CP.

 

[Puspalal1980]

Nothing is guaranteed, you can only go in for the interview full of hope. The CO will have the final say.

You may think you have no criminal or adverse records but the background check reveals a hit such as you having similar names to someone already flagged in the system which will require your being put on AP until the check clears. If you're from Iran or a similar country where it is difficult to verify your documents, this will lead to a prolonged AP. Countries you've visited in the past is another thing to consider.

It is also not unusual for someone who always thought they were "medically perfect" to find out they had latent TB or some other disqualifying disease they previously hadn't been aware of having.

Anyway, I said all that to say don't go into the interview feeling cocky, you can go back in with full confidence, not a problem. You're only successful when you get your passport back with the visa in it.

And by the way, the fact that your CN will become current in Oct or Nov doesn't guarantee you'll be getting an Oct or a Nov interview if you do not submit your DS-260 form early enough for KCC to have finished processing it in time to be scheduled for the interview. Bear in mind, notices for October interview go out in August.

Hi Sm1smom,
Thank you very much for the details. Definitely, we should be hopeful and positive, rest let them do.
As suggested and considering this particular case, we are going for CP. Thanks once again for your valuable insights.

 

[Seant]

CDC recommends 6 months validity period for a medical exam that reveals no issue, however USCIS has not been going by that. They're still using the one year validity period.

p.s. The FY starts on Oct 1st, not 17th.

Thank you for your response Sm1smom,
Sorry I meant October 2017.
Best,

 

[Katena13]

Shouldn't be an issue. The question is are you guys leaving the US simply for the purpose of getting visa stamps or you have other needs driving the trip?

Thank you for your response. Originally we are from Ukraine but we do not want to go to Ukraine to get visa stamps. We are considering to go to Costa Rica getting visa stamps and combine that with our vacation.

 

[Sm1smom]

Thank you for your response. Originally we are from Ukraine but we do not want to go to Ukraine to get visa stamps. We are considering to go to Costa Rica getting visa stamps and combine that with our vacation.

I hope you're aware you're not required to go out and get the visa stamp. But if you already have plans of going out on vacation or for some reason, that is when you're required to get the visa stamp before you'll be allowed back into the US.