DV 2020 AOS Only

Sm1smom

Super Moderator
#1
Congratulations on your selection for DV 2020.

This Thread is intended for DV 2020 selectees currently based in the US who wish to proceed with their selection by processing AOS (Adjustment of Status).

The AOS process may initially seem complicated and confusing; and you probably have a gazillion questions to ask. But before you start doing so, please take some time to go through the AOS Process Spreadsheet (link below). It has a step by step guide on DV based AOS process. If you have follow up questions AFTER going through the spreadsheet, then feel free to post them on this Thread.

DISCLAIMER:
The spreadsheet is a GUIDE based on collections of experience - it is not USCIS sanctioned (but definitely more detailed than any information you can get directly from USCIS - either in person or on the phone). You're still personally responsible for your own case at the end of the day.

Good luck!

goo.gl/0va2DU
 

mmmb

New Member
#4
Hi,

I have been selected on the DV lottery with CN#2020AS000094XX.
Currently, I'm on an F1 visa and my spouse is also on F1 visa.
I have been reading the spreadsheet and saw that the interview process takes up to 4 months from the time we become current.

Based on my understanding (which I hope is wrong) if you file a DS-260 and I-485 and get rejected you have to leave the country.
So my question is that with a CN number this high would it be a risk to proceed with the application?
 
#5
Hi All
I'm currently in the USA as F2 dependent visa and I have been selected for the 2020 lottery. I applied for asylum back in 2018 and I was denied back in Jan 2019 without the ability to appeal the decision since My wife is still Pursuing here degree ( we still currently in status). I plan to adjust my status since I can't go back to my home country. My concern is whether I'm still eligible for AOS or not since I received EAD ( work authorization) through asylum and I have used it to work, would that affect my eligibility. Thanks in advice for all suggestions and advice.
 

Sm1smom

Super Moderator
#6
Hi All
I'm currently in the USA as F2 dependent visa and I have been selected for the 2020 lottery. I applied for asylum back in 2018 and I was denied back in Jan 2019 without the ability to appeal the decision since My wife is still Pursuing here degree ( we still currently in status). I plan to adjust my status since I can't go back to my home country. My concern is whether I'm still eligible for AOS or not since I received EAD ( work authorization) through asylum and I have used it to work, would that affect my eligibility. Thanks in advice for all suggestions and advice.
I not sure you’re still considered F2 status in view of the fact that you’ve used an Asylum based EAD card to work. Once you took up authorized employment you technically switched over to asylum pending status. Anyway, you have nothing to loose at this point (except your fees of course). I recommend giving AOS a shot in this case. I hope you’ve stopped working following your asylum petition denial though.
 

Sm1smom

Super Moderator
#7
Hi,

I have been selected on the DV lottery with CN#2020AS000094XX.
Currently, I'm on an F1 visa and my spouse is also on F1 visa.
I have been reading the spreadsheet and saw that the interview process takes up to 4 months from the time we become current.

Based on my understanding (which I hope is wrong) if you file a DS-260 and I-485 and get rejected you have to leave the country.
So my question is that with a CN number this high would it be a risk to proceed with the application?
1. The only time one may be required to leave the US following AOS denial is only if you no longer have a valid fall back status.
2. I don’t know - you’ll need to monitor the VB progression to get an idea of if or when your CN might become current. You can also review the Historical Bulletin Numbers thread for historical information.
 

mmmb

New Member
#8
1. The only time one may be required to leave the US following AOS denial is only if you no longer have a valid fall back status.
2. I don’t know - you’ll need to monitor the VB progression to get an idea of if or when your CN might become current. You can also review the Historical Bulletin Numbers thread for historical information.
So based on what you said as long as I remain a student I would be fine. But do you know if I can obtain an OPT after an I-485 rejection or not?
 
#9
I not sure you’re still considered F2 status in view of the fact that you’ve used an Asylum based EAD card to work. Once you took up authorized employment you technically switched over to asylum pending status. Anyway, you have nothing to lose at this point (except your fees of course). I recommend giving AOS a shot in this case. I hope you’ve stopped working following your asylum petition denial though.
The denial letter stated that " Please be advised that any employment authorization which you have issued as a result of having a pending application for asylum will expire 60 days from the date of this notice or on the expiration date of your EAD, WHICHEVER PERIOD IS LONGER"
So I'm still working based on my EAD has not expired yet. Do you think it is still affecting the current status?. Thank you
 

Sm1smom

Super Moderator
#10
So based on what you said as long as I remain a student I would be fine. But do you know if I can obtain an OPT after an I-485 rejection or not?
You probably can still get OPT approval, I don’t know for certain especially with the current administration’s anti immigration stance.
 

Sm1smom

Super Moderator
#11
The denial letter stated that " Please be advised that any employment authorization which you have issued as a result of having a pending application for asylum will expire 60 days from the date of this notice or on the expiration date of your EAD, WHICHEVER PERIOD IS LONGER"
So I'm still working based on my EAD has not expired yet. Do you think it is still affecting the current status?. Thank you
My understanding is if the underlying petition that makes one eligible for an EAD is denied, the EAD itself effectively becomes invalid and no longer coveys employment authorization upon the denial of that underlying petition.

I’m not sure why you denial notice gives the impression you can continue working until the card expires. You really need to consult with an experienced immigration attorney to clarify your situation.
 
#12
Hello all, first time here... got selected for DV lottery .

CN is 2020AS****3*** (Nepal). Is it good number ?high or low? Also i was out of status (f1) for 9 months back in 2014 before being on TPS. Currenly in TPS since 2015. So what are the chances of adjusting status? Go for CP or AOS? Have US born child 4 years and wifeon TPS as well.
 

Sm1smom

Super Moderator
#13
Hello all, first time here... got selected for DV lottery .

CN is 2020AS****3*** (Nepal). Is it good number ?high or low? Also i was out of status (f1) for 9 months back in 2014 before being on TPS. Currenly in TPS since 2015. So what are the chances of adjusting status? Go for CP or AOS? Have US born child 4 years and wifeon TPS as well.
AS3xx or there’s another number apart from a zero in front of the 3 displayed? If it is AS3xx, that CN will become current this year. I’m however not certain about your AOS eligibility - you should be with a highly experienced immigration attorney to confirm your eligibility or none.

If AOS eligibility is confirmed by an attorney, you may return for guidance on how to file a DV based AOS petition.
 
#15
Hi,

I got selected for DV-2020 with AS0000****
I’m currently in the USA on F1 visa. I would like to see if I am eligible for AOS.
At the time of submitting the DV entry I did not read the instructions and I used the same old picture that I used for DV-2019. I just read the picture instruction and 9 FAM 502.6 that says

“The Department will disqualify entries lacking the required photos or including invalid photos. You must review the entry photo at the time of adjudication. If you determine the entry photo does not meet specifications published in the program year’s DV Bulletin, you should refuse the case under INA 212(a)(5)(A).”

My questions are
1) Am I qualified for AOS or should I consider myself disqualified at this point?
2) does the protocol mention in “ ” only apply to CO or it is the same for AOS ?
3) Is there anyway I can apply for a waiver of the photo requirement before submitting I-485? And if yes how long does that take?

I need to apologize in advance from anyone who believes I have spoiled their golden ticket.
 
Last edited:

Sm1smom

Super Moderator
#16
Hi,

I got selected for DV-2020 with AS0000****
I’m currently in the USA on F1 visa. I would like to see if I am eligible for AOS.
At the time of submitting the DV entry I did not read the instructions and I used the same old picture that I used for DV-2019. I just read the picture instruction and 9 FAM 502.6 that says

“The Department will disqualify entries lacking the required photos or including invalid photos. You must review the entry photo at the time of adjudication. If you determine the entry photo does not meet specifications published in the program year’s DV Bulletin, you should refuse the case under INA 212(a)(5)(A).”

My questions are
1) Am I qualified for AOS or should I consider myself disqualified at this point?
2) does the protocol mention in “ ” only apply to CO or it is the same for AOS ?
3) Is there anyway I can apply for a waiver of the photo requirement before submitting I-485? And if yes how long does that take?

I need to apologize in advance from anyone who believes I have spoiled their golden ticket.
1,2,3: AOS eligibility has nothing to do with picture used in eDV registration. These are the criteria for determining AOS eligibility:
  • You are physically present in the United States as at the time of confirming your DV selection (legally residing in the US on a NIV or some other legal status as at the time of DV selection),
  • You were inspected when you entered the US (you came into the country legally),
  • You have never violated your admitted status by undertaking unauthorized employment,
  • You're not currently out of status.
If your question is if you stand a chance of being approved because of the picture, (and NOT if you’re eligible for AOS like you asked), the answer is yes. Is it possible to be disqualified based on the picture? Yes also. However I haven’t come across a case that got disqualified on the basis of not using a most recent picture.
 
#17
Thank you mom for your response.
Based on what you wrote I am eligible to AOS.
I need some advise/opinion about my case.
I’ll share more detail about my case.

I’ll graduate in August 2019 and I have applied for OPT starting from August 2019.
If I apply for my OPT extension (EAD start day August 2020) it will give me enough time to AOS by two other immigration avenues, which are solid cases (I’ll file I-485 based on one of them). However if I apply for DV-2020 AOS and it gets denied because of the picture requirement or just takes more time than September 30 2020 I will be out of status and I have to leave the country(most probably, if I can’t secure H1-B by then).

I appreciate if you can give me some info about the risk of DV2020 AOS.
Should I AOS with the DV-2020 as soon as possible ?
Should I just wait until I get my OPT extension (when OPT extension EAD is approved) and then apply for DV2020 AOS?
Should I forget DV-2020 and proceed with my pervious plans for GC which are pretty solid cases?
 

Sm1smom

Super Moderator
#18
Thank you mom for your response.
Based on what you wrote I am eligible to AOS.
I need some advise/opinion about my case.
I’ll share more detail about my case.

I’ll graduate in August 2019 and I have applied for OPT starting from August 2019.
If I apply for my OPT extension (EAD start day August 2020) it will give me enough time to AOS by two other immigration avenues, which are solid cases (I’ll file I-485 based on one of them). However if I apply for DV-2020 AOS and it gets denied because of the picture requirement or just takes more time than September 30 2020 I will be out of status and I have to leave the country(most probably, if I can’t secure H1-B by then).

I appreciate if you can give me some info about the risk of DV2020 AOS.
Should I AOS with the DV-2020 as soon as possible ?
Should I just wait until I get my OPT extension (when OPT extension EAD is approved) and then apply for DV2020 AOS?
Should I forget DV-2020 and proceed with my pervious plans for GC which are pretty solid cases?
Your DV based AOS petition cannot go beyond September 30th 2020 for any reason - it’s either approved by that date which is the deadline for the 2020 FY or it dies a natural death.

You need to slow down and go through the AOS process spreadsheet to ensure you have a decent/good grasp of this process.

What are your two solid routes to a GC outside of your DV selection?
 
#19
Hi all. My wife is a 2020 DV selectee with a very high #EU00055XXX. We currently reside in the US with 3 kids: one is a US citizen, the second is a PLR, and the third one is in the process of applying for a PLR through a separate AOS process. Given the high DV number, we are not of high hopes and plan to submit I-485 later (depending on the progress perhaps late this or some time next year). Plus, by then, we hope to get clarity on my third kid's AOS status.

A few questions:
1. Does my strategy (i.e. wait for my kid's AOS process results first and then submit our AOS) look prudent?
2. In my (wife's) eventual application do we need to include PLR status kids? I presume the answer is no (as they are already in the PLR status).
3. Do we still submit I-260 or go straight with I-485 (I know it has been asked and it in the Excel but still...)?

Thank you!
 

Sm1smom

Super Moderator
#20
Hi all. My wife is a 2020 DV selectee with a very high #EU00055XXX. We currently reside in the US with 3 kids: one is a US citizen, the second is a PLR, and the third one is in the process of applying for a PLR through a separate AOS process. Given the high DV number, we are not of high hopes and plan to submit I-485 later (depending on the progress perhaps late this or some time next year). Plus, by then, we hope to get clarity on my third kid's AOS status.

A few questions:
1. Does my strategy (i.e. wait for my kid's AOS process results first and then submit our AOS) look prudent?
2. In my (wife's) eventual application do we need to include PLR status kids? I presume the answer is no (as they are already in the PLR status).
3. Do we still submit I-260 or go straight with I-485 (I know it has been asked and it in the Excel but still...)?

Thank you!
First of all, what is you and your wife’s current status in the US? You’ve gone to great lengths to describe your children’s status, and no mention of yours. Currently “residing in the US” is not enough to make you eligible for AOS.
1. Your child’s current pending AOS petition has no bearing on yours. It is possible for one person to have multiple AOS petitions in the system at the same time - this is legally allowed.
2. If your kid is already a LPR (not PLR by the way), they can’t be included as your wife’s derivative.
3. You already got the response we recommend on the AOS process spreadsheet, so ......
 
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