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DV 2019 AOS Only

I went through the FAQ in AOS related spreadsheet and found an FAQ about I-765. It says "timeline it takes to process I-756, makes it a useless document".

Currently I work in USA with an H-1B extension approval ( I-797A approval notice), which is valid till year 2021. I did not go out of USA for visa stamping, after receiving the I-797A approval notice.

1) I assume, since I already have a H-1B extension approval valid till 2021, if I do not submit I-765, I will still be able to continue work, regardless of AOS status, background checks, AOS denials etc. Am I correct?

2) If I submit additional forms such as I-756, I-134 (Affidavit of Support) and I-131 (Application for Travel) in the same AOS package for me, my spouse and child, will that delay the whole GC process compared to submitting only I-485?

3) If there is an error in I-756, I-134 (Affidavit of Support) and I-131 (Application for Travel) and if USCIS deny those forms (I-765, I-134 and I-133) or send RFE, will that impact the processing of I-485?

4) Does it make sense to submit I-134 (Affidavit of Support) and I-131 (Application for Travel) with AOS package, given that I have valid H-1B visa extension approval ( I-797A approval notice), which is valid till year 2021?
 
I also have a question. I filled I485 and I also filled i765 because my work authorization will be expired in two months.
However, I didn't fill i131 since I really don't care about leaving the country. Does that make the process of i765 faster or may be incomplete since everyone would send i765 with i131?
 
I have some questions on submitting evidences for educational qualification and employment.

1) If I submit copies of my degree certificates (Bachelors degree and masters degree certificates in English language) with AOS package, do I have to submit any employment related documents (W2, salary slips, employment letter) at all? Only submitting educational qualifications is enough?

2) Do I have to submit copy of academic transcripts with degree certificates?

3) Is it required to do an educational qualification assessment in USA before submitting copies of degree certificates?
 
Brown444 said:
I went through the FAQ in AOS related spreadsheet and found an FAQ about I-765. It says "timeline it takes to process I-756, makes it a useless document".

Currently I work in USA with an H-1B extension approval ( I-797A approval notice), which is valid till year 2021. I did not go out of USA for visa stamping, after receiving the I-797A approval notice.

1) I assume, since I already have a H-1B extension approval valid till 2021, if I do not submit I-765, I will still be able to continue work, regardless of AOS status, background checks, AOS denials etc. Am I correct?

2) If I submit additional forms such as I-756, I-134 (Affidavit of Support) and I-131 (Application for Travel) in the same AOS package for me, my spouse and child, will that delay the whole GC process compared to submitting only I-485?

3) If there is an error in I-756, I-134 (Affidavit of Support) and I-131 (Application for Travel) and if USCIS deny those forms (I-765, I-134 and I-133) or send RFE, will that impact the processing of I-485?

4) Does it make sense to submit I-134 (Affidavit of Support) and I-131 (Application for Travel) with AOS package, given that I have valid H-1B visa extension approval ( I-797A approval notice), which is valid till year 2021?
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1. Correct.

2. Makes no difference to I-485 processing time. The NBC process/adjudicates I-131 and I-765, FO adjudicates I-485.

3. See 2 above.

4. Your call. Plus see 1 above. Plus you’re already aware of what I wrote regarding those forms on the AOS process spreadsheet. So you decide if it’s worth it, especially considering the fact that H1B is a dual intent intent visa.
 
tinaina said:
I also have a question. I filled I485 and I also filled i765 because my work authorization will be expired in two months.
However, I didn't fill i131 since I really don't care about leaving the country. Does that make the process of i765 faster or may be incomplete since everyone would send i765 with i131?
Click to expand...


Makes no difference to the processing time, or the completeness of the I-765 as long as the form was sent in with the required supporting documents.
 
Brown444 said:
I have some questions on submitting evidences for educational qualification and employment.

1) If I submit copies of my degree certificates (Bachelors degree and masters degree certificates in English language) with AOS package, do I have to submit any employment related documents (W2, salary slips, employment letter) at all? Only submitting educational qualifications is enough?

2) Do I have to submit copy of academic transcripts with degree certificates?

3) Is it required to do an educational qualification assessment in USA before submitting copies of degree certificates?
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1, 2, 3: Please see the AOS process spreadsheet for recommendations regarding supporting documents.
 
Sm1smom said:
“PRESENT”
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Hi Mom, with the current form you can type PRESENT for the address history - for employment history it does not allow this - you have to put a physical date (literally only numbers allowed - which kind of doesn't make sense but it is what it is).

I know it's such a small thing but you never want to leave anything they can pick up and cause an issue with right? Thanks for your patience and help
 
Hi Mom
Thank you for providing this opportunity with this forum for whoever needs help in this matter.

I won the lottery with case number: 2019AS10XXX
My status is "pending asylum". My husband is a principal applicant in "asylum" and I'm a principal applicant in "DV Lottery". I completed our DS-260 in June and we haven't received our 2NL yet.

Let me tell you a little bit about ourselves: I came to the US with F1 visa in 2013. During this time, because I had multiple entry visa, I visited my country "Iran", 2 times from 2013 to the first week of January 2015. On the end of January 2015, I got married and my status from "F1" changed to "Pending asylum" due to my marriage. But I was a student until May 2015 and my I-20 was valid until December 2015. My husband came to the US with a B1/B2 visa and before his visa being expired, he applied for asylum on December 2014.

Our field office is in Fairfax, VA, which is from my understanding from other cases in your forum from previous years, is the hardest one with AOS with pending asylum and the chance of denial is higher than other FO. Honestly, it was a little confusing and hard to understand what is the best way to go through AOS with "Pending Asylum". I think our number will be current in June/July. These are my questions:
  • Because we have a high number, I want to know as a"pending Asylum" should I do anything before sending my AOS package to make our process smoother and safer? Where should I start?
  • I saw some similar cases that they had Congressman letter for their process or request ombudsmen. Do I need anything of these things before sending our AOS?
  • What is my immigrant status "Dependent pending asylum" or "Pending asylum" in I-485 form?
Our lawyer told us we need a lawyer for our process because of our case. He said our case has a chance of denial and a lawyer can help us. What is your thought?

Thank you for your time,
 
D3Zi said:
Hi Mom
Thank you for providing this opportunity with this forum for whoever needs help in this matter.

I won the lottery with case number: 2019AS10XXX
My status is "pending asylum". My husband is a principal applicant in "asylum" and I'm a principal applicant in "DV Lottery". I completed our DS-260 in June and we haven't received our 2NL yet.

Let me tell you a little bit about ourselves: I came to the US with F1 visa in 2013. During this time, because I had multiple entry visa, I visited my country "Iran", 2 times from 2013 to the first week of January 2015. On the end of January 2015, I got married and my status from "F1" changed to "Pending asylum" due to my marriage. But I was a student until May 2015 and my I-20 was valid until December 2015. My husband came to the US with a B1/B2 visa and before his visa being expired, he applied for asylum on December 2014.

Our field office is in Fairfax, VA, which is from my understanding from other cases in your forum from previous years, is the hardest one with AOS with pending asylum and the chance of denial is higher than other FO. Honestly, it was a little confusing and hard to understand what is the best way to go through AOS with "Pending Asylum". I think our number will be current in June/July. These are my questions:
  • Because we have a high number, I want to know as a"pending Asylum" should I do anything before sending my AOS package to make our process smoother and safer? Where should I start?
  • I saw some similar cases that they had Congressman letter for their process or request ombudsmen. Do I need anything of these things before sending our AOS?
  • What is my immigrant status "Dependent pending asylum" or "Pending asylum" in I-485 form?
Our lawyer told us we need a lawyer for our process because of our case. He said our case has a chance of denial and a lawyer can help us. What is your thought?

Thank you for your time,
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1. You can’t do anything prior to filing to make the process safer/smoother.

2. There’s no basis for contacting the ombudsman or your Congress person since you don’t currently have an excessively pending AOS petition.

3. Asylum pending.

4. You already know about the Fairfax FO with regards to asylum pending and DV based AOS petitions. Can a lawyer influence the outcome? I don’t know.
 
Sm1smom said:
1. You can’t do anything prior to filing to make the process safer/smoother.

2. There’s no basis for contacting the ombudsman or your Congress person since you don’t currently have an excessively pending AOS petition.

3. Asylum pending.

4. You already know about the Fairfax FO with regards to asylum pending and DV based AOS petitions. Can a lawyer influence the outcome? I don’t know.
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Thank you so much for your quick response. I will send my AOS package and after that, I will definitely need your guidance.
Another question, do you remember/know how many cases were denied in Fairfax FO over these past years?and why? I checked all your timeline spreadsheet but I found one and I think he didn't mention why they reject his case (maybe I'm wrong). I saw another one in your forum. I don't know they were the same person or different persons but still, I couldn't find why they reject him. Thanks
 
Mom if we change our address, change our home, to an area of Baltimore FO is it helpful? I really don't want just because of our FO, we lost our chance.
 
D3Zi said:
Thank you so much for your quick response. I will send my AOS package and after that, I will definitely need your guidance.
Another question, do you remember/know how many cases were denied in Fairfax FO over these past years?and why? I checked all your timeline spreadsheet but I found one and I think he didn't mention why they reject his case (maybe I'm wrong). I saw another one in your forum. I don't know they were the same person or different persons but still, I couldn't find why they reject him. Thanks
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1. I don’t have a figure, I’m not keeping any other list outside of the Timeline spreadsheets.

2. https://forums.immigration.com/threads/dv-2018-aos-only.336256/post-2480219
https://forums.immigration.com/threads/dv-2018-aos-only.336256/post-2480221
 
D3Zi said:
Mom if we change our address, change our home, to an area of Baltimore FO is it helpful? I really don't want just because of our FO, we lost our chance.
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Using an address for a place where you do not reside is an attempt st fraudulently obtaining an immigration benefit which has grave consequences.

If your plan is to move to a new State/City and actually reside there prior to filing AOS, do you intend to update your asylum case with your new address? And you do realize the asylum case will then need to be moved to the new FO with jurisdiction over your new address? Even then, the IO can still ask for the reason for your recent relocation, and you had better have a genuine convincing reason to explain the action.
 
Sm1smom said:
Using an address for a place where you do not reside is an attempt st fraudulently obtaining an immigration benefit which has grave consequences.

If your plan is to move to a new State/City and actually reside there prior to filing AOS, do you intend to update your asylum case with your new address? And you do realize the asylum case will then need to be moved to the new FO with jurisdiction over your new address? Even then, the IO can still ask for the reason for your recent relocation, and you had better have a genuine convincing reason to explain the action.
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You're right! I said because one in your forum suggested that don't go through AOS for Dv lottery if your FO is in Fairfax and all of sudden, it comes to my mind if we move to another state can help or not? but you mentioned good points. I should be hopeful for this year with Fairfax FO. Maybe with their experience from last year, they have another approach this year. Positive thinking :))
 
Hi again,

Mom one of my friend sent me a memo that shows me which aspects we should consider for this process. I thought it's good to share it here to see your thoughts. Here is it:

"There are 3 basic steps to this process: (i) enter the U.S. lawfully and obtain nonimmigrant status; (ii) apply for asylum prior to nonimmigrant status expiring; and file the I-485 application to adjust status prior to the asylum application being denied, referred, or dismissed. The applicant, of course, would also need to meet other substantive requirements for adjustment of status eligibility, as well. Other considerations must also be examined.

They include the following.
  1. Travel to a home country will not be possible as USCIS has the right to terminate asylum if it determines that the applicant voluntarily availed himself or herself of the protection of the country of nationality or last habitual residence by returning to such country.
  2. A visa needs to be “available” to file an application to adjust status.
  3. To be eligible to adjust status, an applicant cannot have unauthorized employment prior to filing the Form I-485. An asylum applicant cannot work in the U.S. until an Employment Authorization Document is issued, which can only be applied for if no decision is made on the asylum application in 150 days. Just one day of unauthorized employment will result in the denial of an adjustment application, and there could be 3 or 10-year bar unlawful presence issues once the applicant leaves the U.S.
  4. The approval of an application for adjustment of status is subject to the discretion of the USCIS officer handling the case. However, even if USCIS denies the application, the applicant can renew the application for adjustment of status in front of an immigration judge in removal proceedings.
In conclusion, while it is theoretically possible to obtain a green card when an asylum application is pending, there are many considerations such as timing, travel, employment, and the ability to adjust status that must be carefully reviewed. However, with the Trump Administration’s announcement that it plans to cut refugee admissions by 50%, we can expect to see asylum becoming much more difficult to obtain."

These are my questions:
  • No. 2 that I write in red: We are pending asylum, and my visa was expired in 2015. Our process is pending, and we don't have a visa. What kind of visa do they talk about it?
  • In this process, are they only check my immigration status because I'm the primary applicant or they check both of us? I mean for all of these processes that mentioned on top, they will consider my history or my husband history can affect on it?
  • Is there any way that we can do prior our interview to approve that we are not out of status while we are on pending asylum? Some proofs or documentation? Because in No.4 mentioned, "the approval of an application for AOS is subjected to the discretion of the officer". I want to have some legal proofs that show to the officer that we have lawful status and because we are pending asylum doesn't mean we are out of status.

Sorry mom, I know it's little early to ask these questions but I got stress after I read about Fairfax FO and I want to do everything that can to help us to get our GC through DV lottery.

Thank you again,
 
D3Zi said:
Hi again,

Mom one of my friend sent me a memo that shows me which aspects we should consider for this process. I thought it's good to share it here to see your thoughts. Here is it:

"There are 3 basic steps to this process: (i) enter the U.S. lawfully and obtain nonimmigrant status; (ii) apply for asylum prior to nonimmigrant status expiring; and file the I-485 application to adjust status prior to the asylum application being denied, referred, or dismissed. The applicant, of course, would also need to meet other substantive requirements for adjustment of status eligibility, as well. Other considerations must also be examined.

They include the following.
  1. Travel to a home country will not be possible as USCIS has the right to terminate asylum if it determines that the applicant voluntarily availed himself or herself of the protection of the country of nationality or last habitual residence by returning to such country.
  2. A visa needs to be “available” to file an application to adjust status.
  3. To be eligible to adjust status, an applicant cannot have unauthorized employment prior to filing the Form I-485. An asylum applicant cannot work in the U.S. until an Employment Authorization Document is issued, which can only be applied for if no decision is made on the asylum application in 150 days. Just one day of unauthorized employment will result in the denial of an adjustment application, and there could be 3 or 10-year bar unlawful presence issues once the applicant leaves the U.S.
  4. The approval of an application for adjustment of status is subject to the discretion of the USCIS officer handling the case. However, even if USCIS denies the application, the applicant can renew the application for adjustment of status in front of an immigration judge in removal proceedings.
In conclusion, while it is theoretically possible to obtain a green card when an asylum application is pending, there are many considerations such as timing, travel, employment, and the ability to adjust status that must be carefully reviewed. However, with the Trump Administration’s announcement that it plans to cut refugee admissions by 50%, we can expect to see asylum becoming much more difficult to obtain."

These are my questions:
  • No. 2 that I write in red: We are pending asylum, and my visa was expired in 2015. Our process is pending, and we don't have a visa. What kind of visa do they talk about it?
  • In this process, are they only check my immigration status because I'm the primary applicant or they check both of us? I mean for all of these processes that mentioned on top, they will consider my history or my husband history can affect on it?
  • Is there any way that we can do prior our interview to approve that we are not out of status while we are on pending asylum? Some proofs or documentation? Because in No.4 mentioned, "the approval of an application for AOS is subjected to the discretion of the officer". I want to have some legal proofs that show to the officer that we have lawful status and because we are pending asylum doesn't mean we are out of status.

Sorry mom, I know it's little early to ask these questions but I got stress after I read about Fairfax FO and I want to do everything that can to help us to get our GC through DV lottery.

Thank you again,
Click to expand...

I don’t know the source of the memo you got from your friend, so I really can’t speak to it. One of the tabs on the AOS process spreadsheet explains basis of AOS eligibility, so please refer to it.

Visa eligibility refers to the VB - it’s basically saying visa is available when the CN is current.

I already responded in a previous post to you, there’s nothing you can do in advance of your CN becoming current.

The AOS process spreadsheet is detailed enough without one needing to run from pillar to post and looking for guidance (which may not be accurate or applicable) all over the place! That is the same information other DV selectees with pending asylum petitions followed and were approved.

p.s. number your questions if you have more than one question in a post, makes referencing and answering them easier.
 
@D3Zi I’ll leave the AOS stuff to mom but just wanted to point out that if there is a “problem” with your husband’s case, it may prevent him from being able to adjust. It won’t affect you as you are principal, but your being principal does not somehow override any ineligibility he may have.
 
D3Zi said:
Hi again,

Mom one of my friend sent me a memo that shows me which aspects we should consider for this process. I thought it's good to share it here to see your thoughts. Here is it:

"There are 3 basic steps to this process: (i) enter the U.S. lawfully and obtain nonimmigrant status; (ii) apply for asylum prior to nonimmigrant status expiring; and file the I-485 application to adjust status prior to the asylum application being denied, referred, or dismissed. The applicant, of course, would also need to meet other substantive requirements for adjustment of status eligibility, as well. Other considerations must also be examined.

They include the following.
  1. Travel to a home country will not be possible as USCIS has the right to terminate asylum if it determines that the applicant voluntarily availed himself or herself of the protection of the country of nationality or last habitual residence by returning to such country.
  2. A visa needs to be “available” to file an application to adjust status.
  3. To be eligible to adjust status, an applicant cannot have unauthorized employment prior to filing the Form I-485. An asylum applicant cannot work in the U.S. until an Employment Authorization Document is issued, which can only be applied for if no decision is made on the asylum application in 150 days. Just one day of unauthorized employment will result in the denial of an adjustment application, and there could be 3 or 10-year bar unlawful presence issues once the applicant leaves the U.S.
  4. The approval of an application for adjustment of status is subject to the discretion of the USCIS officer handling the case. However, even if USCIS denies the application, the applicant can renew the application for adjustment of status in front of an immigration judge in removal proceedings.
In conclusion, while it is theoretically possible to obtain a green card when an asylum application is pending, there are many considerations such as timing, travel, employment, and the ability to adjust status that must be carefully reviewed. However, with the Trump Administration’s announcement that it plans to cut refugee admissions by 50%, we can expect to see asylum becoming much more difficult to obtain."

These are my questions:
  • No. 2 that I write in red: We are pending asylum, and my visa was expired in 2015. Our process is pending, and we don't have a visa. What kind of visa do they talk about it?
  • In this process, are they only check my immigration status because I'm the primary applicant or they check both of us? I mean for all of these processes that mentioned on top, they will consider my history or my husband history can affect on it?
  • Is there any way that we can do prior our interview to approve that we are not out of status while we are on pending asylum? Some proofs or documentation? Because in No.4 mentioned, "the approval of an application for AOS is subjected to the discretion of the officer". I want to have some legal proofs that show to the officer that we have lawful status and because we are pending asylum doesn't mean we are out of status.

Sorry mom, I know it's little early to ask these questions but I got stress after I read about Fairfax FO and I want to do everything that can to help us to get our GC through DV lottery.

Thank you again,
Click to expand...

Both you and your derivative’s immigration status will be looked into individually.

Like Susie notes above, if your immigration status clears and your husband’s doesn’t, your AOS petition will be approved while his own gets denied.

If you on the other hand are found in violation of your immigration status and your husband isn’t found in violation, both AOS petitions gets denied in this case. Your husband cannot be approved if you’re not approved.
 
I went to the Congressman's office today to ask them for help, its like a 4 minute walk from my house. They were super friendly and also sent a request for me immediately.

Highly recommend anyone who looks at this option to physically go to the office with your forms.
 
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