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DV 2019 AOS Only

Dear Mom,

Thank you for moderating this thread and I've been reading through most of everything you've posted. My case number is OCxx4xx, so I assume I will be current around December or January next year. I am in Los Angeles on a student F-1 Visa. My dilemma/concern is that would it be okay for me to file for an Advanced Parole now for winter break which is around Christmas as I am trying to head back to Australia for 2-3 weeks. I understand there is a 90 day rule about filing AOS, so I was wondering if I filed the AOS before I leave the US, would the traveling affect the processing of my application? And would the 90 day rule be an issue? My most recent entrance into the US was May 2018
In short,
1. If I file AP now, but my current status isn't AOS, will the AP work for when I do file AOS in December/January?
2. Are there any concerns you see or risks involved with what I am doing?

Thanks again!
 
eddyguard123 said:
Dear Mom,

Thank you for moderating this thread and I've been reading through most of everything you've posted. My case number is OCxx4xx, so I assume I will be current around December or January next year. I am in Los Angeles on a student F-1 Visa. My dilemma/concern is that would it be okay for me to file for an Advanced Parole now for winter break which is around Christmas as I am trying to head back to Australia for 2-3 weeks. I understand there is a 90 day rule about filing AOS, so I was wondering if I filed the AOS before I leave the US, would the traveling affect the processing of my application? And would the 90 day rule be an issue? My most recent entrance into the US was May 2018
In short,
1. If I file AP now, but my current status isn't AOS, will the AP work for when I do file AOS in December/January?
2. Are there any concerns you see or risks involved with what I am doing?

Thanks again!
Click to expand...

1. You cannot file for AP now, you don’t have a pending AOS petition. An AP card is for protecting a pending AOS petition from being considered abandoned. If your CN becomes current and you’re able to submit your AOS package before your planned trip, you most likely will not have received the AP card before that date. Processing time for an AP or/and EAD is roughly 4 to 5 months.

2. Filing AOS in less than 90 days of entry could create issues for you - the current administration is enforcing restrictions and tightening immigration loopholes.
 
quick follow up question how this 90 day rule. I have a g visa and travel quite frequently for work. In fact was planning to file my documents immediately upon returning from a business trip in Feb. I have been living in the US for a few years. Will the 90 day rule apply to me or is it only for first time entry.
Thank you
 
kwaku yeboah said:
quick follow up question how this 90 day rule. I have a g visa and travel quite frequently for work. In fact was planning to file my documents immediately upon returning from a business trip in Feb. I have been living in the US for a few years. Will the 90 day rule apply to me or is it only for first time entry.
Thank you
Click to expand...

The 90 Day Memo rule applies to your situation IMO.

Here’s a hypothetical scenario to help you better understand this: if asked at the POE what are you coming to do in the US, will you say you’re returning to your job (bearing in mind this gives the IO the impression you have no pre-planned immigrant intent); or you’re returning to your job and will be filing for adjustment of status? You obviously will not be admitted on your NIV if there’s any concern you’ll be filing for AOS.

On a separate note, you do realize if you travel while your AOS petition is pending without an approved AP card, your AOS petition will be considered abandoned on your return since a G visa is not a dual intent visa? If you undertake frequent travels like you said, you might want to consider going the CP route.
 
Yes on the travel when AOS is pending....thanks to this forum. The plan was to mail my package immediately upon return from the trip. But this 90 day thing throws a wrench in all my plans.

thank you very much for this vitally important clarification.
 
Hi mom!

Last May I hit the lottery for the DV process with the case number EU15xxx, probably current around April.

Since I’m working in the US with an E2 visa, and my husband was also here at that point, our first idea was to proceed through AOS, but we haven’t submitted the DS-260 yet, because we weren’t sure.

Now, it turns out that my husband has to spend more time in Spain than we expected at first , because of his studies, so I think that our options right now are:

  • Go with CP, travel to Spain, and have the interview there.
  • Wait and see if my husband could be back around March 2019 to the US, send the DS-260, and initiate the AOS process then.

And here are my questions:
  1. Is our interview going to be delayed because we haven’t submitted the form DS-260 yet?
  2. Thinking that fill out the DS-260 as CP, would be any problem traveling in and out the US with our current E2 visa? I’ve read that it is not recommended to travel abroad once you fill out the DS-260 as AOS, and of course that you can’t leave the US once you submit the I-485. But in this case?
  3. I’ve read that with CP, after the interview, the consular officers hold your passport for +\- a week. Then, the passport is shipped to your place, and you can use it for entering the US. That temporary visa would expire in 6 months. My question becomes: I’ve already have a visa (an E-2), what would happen with my Visa? Is it going to be voided? Can I still use my E2 visa until I receive the GC in USA?
Thank you very much for your help and all the information available in this forum.
 
Esbardina said:
Hi mom!

Last May I hit the lottery for the DV process with the case number EU15xxx, probably current around April.

Since I’m working in the US with an E2 visa, and my husband was also here at that point, our first idea was to proceed through AOS, but we haven’t submitted the DS-260 yet, because we weren’t sure.

Now, it turns out that my husband has to spend more time in Spain than we expected at first , because of his studies, so I think that our options right now are:

  • Go with CP, travel to Spain, and have the interview there.
  • Wait and see if my husband could be back around March 2019 to the US, send the DS-260, and initiate the AOS process then.

And here are my questions:
  1. Is our interview going to be delayed because we haven’t submitted the form DS-260 yet?
  2. Thinking that fill out the DS-260 as CP, would be any problem traveling in and out the US with our current E2 visa? I’ve read that it is not recommended to travel abroad once you fill out the DS-260 as AOS, and of course that you can’t leave the US once you submit the I-485. But in this case?
  3. I’ve read that with CP, after the interview, the consular officers hold your passport for +\- a week. Then, the passport is shipped to your place, and you can use it for entering the US. That temporary visa would expire in 6 months. My question becomes: I’ve already have a visa (an E-2), what would happen with my Visa? Is it going to be voided? Can I still use my E2 visa until I receive the GC in USA?
Thank you very much for your help and all the information available in this forum.
Click to expand...

1. AOS interview date depends on your FO’s workload, nothing to do with when the DS260 was submitted.

2. Please see my last two posts (on this same page) to two other forum members regarding 90 day rule.

3. Your current NIV gets cancelled without prejudice once an immigrant visa gets stamped on your passport. Once you enter the US with the immigrant visa, you no longer need the E2 visa to work. You can resume work immediately of work for any other employer you like.
 
Sm1smom said:
1. AOS interview date depends on your FO’s workload, nothing to do with when the DS260 was submitted.

2. Please see my last two posts (on this same page) to two other forum members regarding 90 day rule.

3. Your current NIV gets cancelled without prejudice once an immigrant visa gets stamped on your passport. Once you enter the US with the immigrant visa, you no longer need the E2 visa to work. You can resume work immediately of work for any other employer you like.
Click to expand...


Thanks Mom,
Regarding the number 1. I meant the interview for the CP, if it depends on when you submit the DS-260.

For item 2.
I was thinking that the 90 day rule that you mentioned, applied to people going through AOS, and I was wondering if there was any difference with CP, but I see that is the same situation, since it would bring along also a change or adjustment of status.

Last time my husband and I entered in the US was July, I’m still in the US and he is in Spain. So, if we submit the DS-260 in October choosing CP process (beyond the 90-day period), and then I travel out of the US and try to enter again, would I be ok? I mean, the action of submitting the DS-260 was undertaken after the 90 days, and later on, I would be trying to enter again with my current E2 visa for working in my current position and same company.
Wrong interpretation of the 90 day rule?

Thanks for your patience.
 
Do we need to send $330 to USCIS?
My lawyer says I don't need because I am doing AOS. What shoud I tell her?
 
Esbardina said:
Thanks Mom,
Regarding the number 1. I meant the interview for the CP, if it depends on when you submit the DS-260.

For item 2.
I was thinking that the 90 day rule that you mentioned, applied to people going through AOS, and I was wondering if there was any difference with CP, but I see that is the same situation, since it would bring along also a change or adjustment of status.

Last time my husband and I entered in the US was July, I’m still in the US and he is in Spain. So, if we submit the DS-260 in October choosing CP process (beyond the 90-day period), and then I travel out of the US and try to enter again, would I be ok? I mean, the action of submitting the DS-260 was undertaken after the 90 days, and later on, I would be trying to enter again with my current E2 visa for working in my current position and same company.
Wrong interpretation of the 90 day rule?

Thanks for your patience.
Click to expand...

The response I provided was under the assumption you were asking about AOS since this thread is intended for AOS related questions. If you’ve decided to proceed with CP, then you need to ask on the appropriate thread, so back to your questions :

1. Yes DS submission time and when the CN becomes current determines when KCC schedules the interview.
2. 90 day rule is not applicable to CP. You can submit right away if you like.
3. If you travel out of the US following DS 260 form submission and try to return while your CP interview is still pending, you will return on your current E2 visa. You just need to be aware of the fact that possession of a NIV does not guarantee admission or re-admission at the POE - this is at the discretion of the CBP Officer.
 
Britsimon said:
Tell her she is very lucky you are paying her and training her on a topic she knows nothing about.
Click to expand...
Yes. She doesn't know. She says I should do my medical with the interview not before that. I don't know what to do. I should take my money back I guess and do AOS myself.
 
Britsimon said:
Tell her she is very lucky you are paying her and training her on a topic she knows nothing about.
Click to expand...

+ 1

You wouldn’t believe the number of emails I’ve received from lawyers and legal aid offices requesting to download the AOS process spreadsheet.
 
Sm1smom said:
The response I provided was under the assumption you were asking about AOS since this thread is intended for AOS related questions. If you’ve decided to proceed with CP, then you need to ask on the appropriate thread, so back to your questions :

1. Yes DS submission time and when the CN becomes current determines when KCC schedules the interview.
2. 90 day rule is not applicable to CP. You can submit right away if you like.
3. If you travel out of the US following DS 260 form submission and try to return while your CP interview is still pending, you will return on your current E2 visa. You just need to be aware of the fact that possession of a NIV does not guarantee admission or re-admission at the POE - this is at the discretion of the CBP Officer.
Click to expand...


Thank you mom, I wrote in this forum because we are still figuring out what way works better for us, but it seems that CP is better in our situation. Thank you very much for your help.
 
tinaina said:
Do we need to send $330 to USCIS?
My lawyer says I don't need because I am doing AOS. What shoud I tell her?
Click to expand...
Obviously the information provided here is vastly superior to what your lawyer is sprouting. I'd fire her get a new one, or do it yourself with the spreadsheet.
 
damo1089 said:
Obviously the information provided here is vastly superior to what your lawyer is sprouting. I'd fire her get a new one, or do it yourself with the spreadsheet.
Click to expand...
I emailed her back and I asked her to give my money back. I hope she does.
 
She said she will give my money back. I am afraid to do the process by myself and make mistake. Should I find another lawyer? How usually people fill this application?
 
tinaina said:
She said she will give my money back. I am afraid to do the process by myself and make mistake. Should I find another lawyer? How usually people fill this application?
Click to expand...
Overwhelming majority of this forum's users do that without assistance of a lawyer. If you have specific questions, just ask them here.
 
tinaina said:
She said she will give my money back. I am afraid to do the process by myself and make mistake. Should I find another lawyer? How usually people fill this application?
Click to expand...

Study the spreadsheet linked from the first post in this thread. It has everything you need to know. Once you have read that, you can decide whether to do it yourself or throw away more money on another lawyer.
 
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