Everest Nation
Member
Did anyone receive letter for Bio-metrics recently, after March 2020?
DV 2020 AOS Only
- Thread starter Sm1smom
- Start date
Hi,
Were you able to renew your OPT?
Everest Nation
Member
Last month I talked with my DSO, he said we can filed OPT even when our AOS is pending.
Sm1smom
Super Moderator
1. No question asked.
2. Can’t give you an answer - this is not a DV based AOS related question.
3. In the past others have successfully started and completed DV based AOS process as late as July/August.
4. Yes that is unauthorized employment, you’ve violated your F1 status which means you’re technically out of status and are not eligible to process AOS.
5. Read answers 3 and 4 above.
SusieQQQ
Well-Known Member
Yes.
Per uscis, this is what is allowed. Uber, self employment etc does not fall into allowed work
Employment
F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:
- Curricular Practical Training (CPT)
- Optional Practical Training (OPT) (pre-completion or post-completion)
- Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)
Thank you!
Lara1
Active Member
I don't think they've started this process yet, everyone is waiting. However, imho, they could've started taking bio behind the windows, which would be safe for employees. Don't know why it's taking so long.
2020AS00011xxx
Active Member
Do you maintain an active SEVIS record? Does anyone know if you have violated your student visa?
SusieQQQ
Well-Known Member
You have to answer all questions on your application truthfully, under oath of perjury. Giving a false representation to an immigration official in an attempt to gain an immigration benefit risks a permanent ban from the US. The i485 requires employment history for the last 5 years as well as asking directly if the applicant has ever worked in the US without authorization. Should he do CP he would not need to answer these questions and neither would they be an inadmissibility.
SusieQQQ
Well-Known Member
It’s a statutory bar to adjustment. See https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-2
Please do not follow the implied dumb advice above to lie and risk a permanent ban. You are allowed to do CP having worked illegally, but you cannot adjust.
from the link above
1. Bars to Adjustment
Depending on how an alien entered the United States or if an alien committed a particular act or violation of immigration law, he or she may be barred from adjusting status. With certain exceptions, some aliens ineligible for adjustment of status under INA 245 include any alien who:
- Last entered the United States without being admitted or paroled after inspection by an immigration officer;
- Last entered the United States as a nonimmigrant crewman;
- Is now employed or has ever been employed in the United States without authorization;
- Is not in lawful immigration status on the date of filing his or her application;
- Has ever failed to continuously maintain a lawful status since entry into the United States, unless his or her failure to maintain status was through no fault of his or her own or for technical reasons;
- Was last admitted to the United States in transit without a visa;
- Was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as avisitor under the Guam or CNMI Visa Waiver Program and who is not a Canadian citizen;
- Was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program;
- Is deportable due to involvement in a terrorist activity or group;
- Is seeking employment-based adjustment of status and who is not maintaining a lawful nonimmigrant status on the date of filing this application;
- Has ever violated the terms of his or her nonimmigrant status;
- Is a conditional permanent resident; and
- Was admitted as a nonimmigrant fiancé(e), but did not marry the U.S. citizen who filed the petition or any alien who was admitted as the nonimmigrant child of a fiancé(e) whose parent did not marry the U.S. citizen who filed the petition.
Sm1smom
Super Moderator
You mean the main applicant who is technically out of status at the moment?
Sm1smom
Super Moderator
So if no one in authority is aware OP has violated their immigration status, are you trying to encourage him to knowingly omit his Uber/self employment history from the I-485? Or is it that they should intentionally lie and answer “NO” to the following questions?:
“Have you EVER worked in the United States without authorization?”
“Have you EVER violated the terms or conditions of your nonimmigrant status?”
FYI - this forum does not condone, allow, nor encourage users to knowingly lie in an attempt at obtaining an immigration benefit. It is a violation of the TOS!
Sm1smom
Super Moderator
You can give it a shot if you like provided you disclose your employment history and answer “YES” to these two questions on the I-485:
Have you EVER worked in the United States without authorization?”
“Have you EVER violated the terms or conditions of your nonimmigrant status?”
Thank you so much! I appreciate your information and help!
The main applicant in the United States. A family outside the United States.
Yes, I wanted to try. I still have to indicate self-employment. This is reflected in my tax reports and account statements. I have a large number, I'm afraid that my turn will certainly not reach through my country. Although there are restrictions of no more than 7% per country. But in light of recent events, the chances are diminishing.