DV 2019 AOS Only

[SusieQQQ]

That's fine. But I think it won't have any effect. This is diversity visa lottery and you have already shown your eligibility that is your education.
Good luck with your interview!

Diversity visa applicants also need to be able to show that they won’t become a public charge - see the last FAQ on the diversity visa instructions https://travel.state.gov/content/da...Translations/DV-2020-Instructions-English.pdf

“If you are selected to apply for a DV, you must demonstrate that you will not become a public charge in the United States before being issued a visa. This evidence may be in the form of a combination of your personal assets, an Affidavit of Support (Form I-134) submitted by a relative or friend residing in the United States, an offer of employment from an employer in the United States, or other evidence.”

@5500lbs , it’s probably not quite as good as an official job offer (if I understand correctly how it would be phrased) but I would certainly take it along, and you can show it if they ask how you plan to support yourself.

 

[SusieQQQ]

Hi, so I was illegally worked for 3 months at Japanese restaurant because I had to pay my tuition and had no money at the moment.
They didn't pay me tips so I complained about that on their Yelp.
Now they are refused(they say bring i9 and SSN, but they already know that I don't have it.) to pay and they said they are going to report me.(they know my phone number and full name only.)
I am so upset not and don't know what to do...
I just said I don't want to get paid and just want to forget about it since it would be only less than 1k.
I am not sure if he is really going to report it or not.
I just mailed my AOS package today. my CN will be current in July.

If you worked illegally you violated status and are not eligible for AOS.
What did you list under employment history on the i485?
Did you answer questions 16 and 17 in part 8 truthfully?

 

[5500lbs]

@SusieQQQ Thank you! That was my line of thought too.
I don't know how they will phrase it, I don't really expect a job offer for 2 reasons: such short notice for a letter request, and they would employ me as a vendor, rather than a full-time employee.

 

[Sm1smom]

Hello Mom and everyone,
I have some issues about my lawyer and process.
1) I’m working usa as a a2 visa. And than when I was reading forum. Than I learnt A G and nato visas must fill the I566 and I508 forms. Which is I warned the lawyer and I sent an email to him. Than my lawyer didn’t fill the I566 form. And I’m adding all document picture on attachment.
After finger print uscis sent me a letter which mean ‘’ you didn’t fill the I566’’ and send the form before ... date. And I filled that form very quickly and uscis received that form on April 29.
When I check the uscis my cases it says ‘’we will review your respond to our request and mail you our decision’’
It’s almost 1 month and my process still waiting. Also I’m waiting from uscis responding with mail.
2) do you think my background check still continue? Or are they stopping my background check process??
3) Why does it take so long? And I don't have much trust in the lawyer. Could it be something he can do? or call uscis center?

Thank you so much Mom and all friends.
Good luck for everyone

1. No question here - just a description of your situation which I previously responded to.
2. Of course background check continued.
3. Your processing is still within the normal time frame, you filed in March (your CN was current in April). Stop relying on your lawyer, settle down and understand the process yourself. Go through the AOS process spreadsheet, take a look at both current and a couple of past timeline spreadsheets, review both current previous and previous AOS threads for other people’s experiences.

By the way - I edited your post by deleting your attachment which had your full receipt number - never post personal information in a public forum.

 

[Sm1smom]

That's fine. But I think it won't have any effect. This is diversity visa lottery and you have already shown your eligibility that is your education.
Good luck with your interview!

Wrong, not true!

You can be denied if there’s concern you’re likely to become a public charge. There’s more involved with the approval process than simply meeting the educational requirements.

 

[Sm1smom]

I don't know if it will, I'm just gonna bring it (actually two) because I simultaneously applied for OPT as well. they just really liked me and want me to work for them again. I really think it is not a necessity, but should be an indicator that I won't be a public charge? That's how I understand it. Please, correct me in case if I shouldn't do that
I just asked to Express the intent of re-hiring if green card is approved, have it signed, sealed and signed on top of the seal, like at the medical exam

It’s better than nothing. Get the letter and take it along to your interview. Present it only if the IO shows a public charge concern.

 

[Sm1smom]

Hi, so I was illegally worked for 3 months at Japanese restaurant because I had to pay my tuition and had no money at the moment.
They didn't pay me tips so I complained about that on their Yelp.
Now they are refused(they say bring i9 and SSN, but they already know that I don't have it.) to pay and they said they are going to report me.(they know my phone number and full name only.)
I am so upset not and don't know what to do...
I just said I don't want to get paid and just want to forget about it since it would be only less than 1k.
I am not sure if he is really going to report it or not.
I just mailed my AOS package today. my CN will be current in July.

Undertaking unauthorized employment is a violation of your student status (which you already seem to know), this makes you ineligible for AOS as you’re technically out of status as a result of that work.

I’m guessing you did not list this employment information on your I-485 since you’re asking if your employer can really report you. The short answer is no, the unscrupulous employer will not file a report, doing so also makes him liable since he employed you illegally - bad situation for their business.

Having said that, I have to say if USCIS finds out you’ve violated your current status, your AOS petition will be denied. The background check may reveal this fact. If they find out after your GC has been approved, they will rescind the approval regardless of how long it’s been since the approval took place.

 

[alicem]

1. No question here - just a description of your situation which I previously responded to.
2. Of course background check continued.
3. Your processing is still within the normal time frame, you filed in March (your CN was current in April). Stop relying on your lawyer, settle down and understand the process yourself. Go through the AOS process spreadsheet, take a look at both current and a couple of past timeline spreadsheets, review both current previous and previous AOS threads for other people’s experiences.

By the way - I edited your post by deleting your attachment which had your full receipt number - never post personal information in a public forum.

Okay thank you so much mome..

 

[5500lbs]

It’s better than nothing. Get the letter and take it along to your interview. Present it only if the IO shows a public charge concern.

Will do, thank you!

 

[Farad]

@Sm1smom

1- Can someone contact a USCIS local field office by Infopass or other means and ask them a question even if they have no case opened at that office?
2- Is is possible to contact a USCIS field office to see if they will deny early filing of AOS or not?

 

[Sm1smom]

@Sm1smom

1- Can someone contact a USCIS local field office by Infopass or other means and ask them a question even if they have no case opened at that office?
2- Is is possible to contact a USCIS field office to see if they will deny early filing of AOS or not?

1. Yes you can go on an INFOPASS if your FO is one of those still allowing it to be scheduled online.

2. Waste of time as you most likely will not be able to speak with the IO that will be assigned to your case. Whatever the front desk IO says holds no water over the decision of the IO adjudicating the petition.

 

[YUTA NAKANO]

Undertaking unauthorized employment is a violation of your student status (which you already seem to know), this makes you ineligible for AOS as you’re technically out of status as a result of that work.

I’m guessing you did not list this employment information on your I-485 since you’re asking if your employer can really report you. The short answer is no, the unscrupulous employer will not file a report, doing so also makes him liable since he employed you illegally - bad situation for their business.

Having said that, I have to say if USCIS finds out you’ve violated your current status, your AOS petition will be denied. The background check may reveal this fact. If they find out after your GC has been approved, they will rescind the approval regardless of how long it’s been since the approval took place.

Ok. I think I will stop processing.
Thank you.

 

[Winner19]

Hello Everyone,
162 days and still waiting.......
My husband today called USCIS and spoke with the supervisor of tier 2 officer and she told that they got his background check file from FBI on May 14th, 2019.

1. Do USCIS wait to receive background from FBI of both applicants before scheduling an interview?

P.S I am the principal applicant.

 

[vadrouille]

Hello Everyone,
162 days and still waiting.......
My husband today called USCIS and spoke with the supervisor of tier 2 officer and she told that they got his background check file from FBI on May 14th, 2019.

1. Do USCIS wait to receive background from FBI of both applicants before scheduling an interview?

P.S I am the principal applicant.

Hi,

I believe the IOs schedule the interview and some wait for the background check to be cleared to schedule the appointment.

 

[Winner19]

Thank you vardrouille for your prompt reply.
My question is does USCIS wait for both applicant's background to be cleared before scheduling an interview or they can also schedule an interview for each applicant separately?

 

[Sm1smom]

Ok. I think I will stop processing.
Thank you.

Your case, your call, your decision.

 

[Sm1smom]

Thank you vardrouille for your prompt reply.
My question is does USCIS wait for both applicant's background to be cleared before scheduling an interview or they can also schedule an interview for each applicant separately?

Derivative cannot be scheduled for a separate interview if main selectee’s background check is still pending and is yet to be scheduled for own interview.

 

[Winner19]

Derivative cannot be scheduled for a separate interview if main selectee’s background check is still pending and is yet to be scheduled for own interview.

Thanks mom,
What if the principal applicant's background is clear and derivative applicant's background is pending? Will they schedule the principal applicant's interview or they will wait for the derivative applicant's background to be cleared and schedule it together?

 

[Farad]

Derivative cannot be scheduled for a separate interview if main selectee’s background check is still pending and is yet to be scheduled for own interview.

You said before that being scheduled for an interview doesn't necessarily mean that the background check has been completed but now you are saying a different thing!

 

[Winner19]

You said before that being scheduled for an interview doesn't necessarily mean that the background check has been completed but now you are saying a different thing!

I think some FO may schedule interview even before your background check is completed but you will have to wait for your background check to be completed(cleared) to get your GC. And some FO may schedule the interview after your background check is completed. It totally depends upon FO.

Correct me if I am wrong.