DV 2020 AOS Only

[MNA2020]

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 ......

Thank you! LPR (not PLR) is noted

Both I and my wife are in our employment-based non-immigrant status, have been in the US for more than 5 years and never been out of status. Based on what I have read so far it seems we should be eligible for AOS. Am not planning f2f checking with an USCIS office (they all seem to be booked for appointments for quite a few weeks anyway).

 

[Sm1smom]

Thank you! LPR (not PLR) is noted

Both I and my wife are in our employment-based non-immigrant status, have been in the US for more than 5 years and never been out of status. Based on what I have read so far it seems we should be eligible for AOS. Am not planning f2f checking with an USCIS office (they all seem to be booked for appointments for quite a few weeks anyway).

Making a trip down to a USCIS office to check eligibility, even if the offices are not super busy, is a complete waste of time. The AOS process spreadsheet already provides the necessary info for anyone to determine their AOS eligibility - same info the front desk IO will provide at an INFOPASS (they may even provide inaccurate info as a matter of fact - they can tell you to return to the office when your CN becomes current and pick up the necessary forms which are ready available online).

 

[MNA2020]

Dear Sm1smom - another question (apologies - perhaps, should collect all mine and try to post once - though may be helpful for others in a similar situation): In quite a few years in the past the numbers got "current" sometime in June-August. Given that AOS is believed to be a longer process than CP, is it realistic to expect the AOS process to be finalized by end-September, if the number became current only, say, in August? Given our high case number I do not expect it to become current earlier than June 2020 (if at all).

 

[Sm1smom]

Thank you! LPR (not PLR) is noted

Both I and my wife are in our employment-based non-immigrant status, have been in the US for more than 5 years and never been out of status. Based on what I have read so far it seems we should be eligible for AOS. Am not planning f2f checking with an USCIS office (they all seem to be booked for appointments for quite a few weeks anyway).

Considering how high you CN is, I will caution against taking any action for now though - don’t submit the DS260 form, don’t do the medical exam, don’t make the AOS administrative fee payment. Do nothing for now and watch the VB for a couple of months after the DV 2020 FY starts.

 

[Sm1smom]

Dear Sm1smom - another question (apologies - perhaps, should collect all mine and try to post once - though may be helpful for others in a similar situation): In quite a few years in the past the numbers got "current" sometime in June-August. Given that AOS is believed to be a longer process than CP, is it realistic to expect the AOS process to be finalized by end-September, if the number became current only, say, in August? Given our high case number I do not expect it to become current earlier than June 2020 (if at all).

Yes it is possible to complete AOS if the CN becomes current in September - we’ve seen it happen every FY. It is also possible for someone whose CN was current in October of the previous year (the beginning of the FY) to not finish the process and get approved by September. There are several factors at play in completing the process.

 

[RezaReza]

Hi all,
I was looking at the timeline for last years and I got confused. People sent their AOS application to Chicago even two months before being current (e.g. Luna0214 with CN#2016AS00006***). So, what is the earliest time, a selectee can mail the AOS package without problem?
Thanks.

 

[Sm1smom]

Hi all,
I was looking at the timeline for last years and I got confused. People sent their AOS application to Chicago even two months before being current (e.g. Luna0214 with CN#2016AS00006***). So, what is the earliest time, a selectee can mail the AOS package without problem?
Thanks.

Read the AOS process spreadsheet

 

[Silly Boy]

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?

My fiancé will become a citizen and NIW. But both requires me to be in status until after my post completion opt (I need the opt extension).

 

[RezaReza]

Read the AOS process spreadsheet

Thank you for your response.
Actually, I read it, but Policy memorandum is confusing for me. Could you please describe it in a simple way?
Thanks.

 

[Sm1smom]

My fiancé will become a citizen and NIW. But both requires me to be in status until after my post completion opt (I need the opt extension).

These two so called “solid routes” are far from being on track, they are yet to be initiated as a matter of fact. So I wouldn’t be thinking of them as guaranteed route if I was in your shoes. They cost more financially, require more time and could be complicated - marriage based GC for instance requires removal of conditions after two years.

 

[Sm1smom]

Thank you for your response.
Actually, I read it, but Policy memorandum is confusing for me. Could you please describe it in a simple way?
Thanks.

I can’t make it any more simpler than I already did on the spreadsheet. I can however guide you to the right section just in case you didn’t see it. When you open the spreadsheet:
1.Click on the tab that says “AOS Process”
2. Scroll down to “Step 9” which is on line 12 of the spreadsheet
3. Read everything from cell “A” all the way to cell “H”

Everything you need to know about early filing and the policy memo are within those sections.

 

[Everest2020]

Hi There, the May visa bulletin says 7800 for Asia
(All DV Chargeability Areas Except
Those Listed Separately- except Nepal 4925) does that mean if My case number which is around 3200 is current? I am from Nepal . Also from the link I have from dv Lottery site it tells me to fill out initial application (DS260) and has option for AOS or CP. that means I still have to fill out DS260? Also 2nd letter comes via email after the initial application is filled out?

 

[SusieQQQ]

Hi There, the May visa bulletin says 7800 for Asia
(All DV Chargeability Areas Except
Those Listed Separately- except Nepal 4925) does that mean if My case number which is around 3200 is current? I am from Nepal . Also from the link I have from dv Lottery site it tells me to fill out initial application (DS260) and has option for AOS or CP. that means I still have to fill out DS260? Also 2nd letter comes via email after the initial application is filled out?

the current VB is for DV2019. DV2020 only starts in October.

 

[Sm1smom]

Hi There, the May visa bulletin says 7800 for Asia
(All DV Chargeability Areas Except
Those Listed Separately- except Nepal 4925) does that mean if My case number which is around 3200 is current? I am from Nepal . Also from the link I have from dv Lottery site it tells me to fill out initial application (DS260) and has option for AOS or CP. that means I still have to fill out DS260? Also 2nd letter comes via email after the initial application is filled out?

If the referenced was for the 2020 FY, that would mean your CN32xx chargeable to Nepal is current since it is below the 4925 cutoff number for Nepal. Please note, current numbers displayed on the VB is for the 2019 FY, 2020 FY which your CN falls under doesn’t start until October 1st.

Please go through the AOS process spreadsheet for additional guidance, including answers to your DS260 question.

 

[Everest2020]

too many opinions from different attorney.. nobody give trustworthy answer about AOS eligibility based on 9 months of out of status (via DV lottery) Some says file waiver some say you are not eligible for waiver etc...I feel like going on my own filling out the application but reluctant coz they might decline in application review, you know how it is in TRump world.

 

[SusieQQQ]

too many opinions from different attorney.. nobody give trustworthy answer about AOS eligibility based on 9 months of out of status (via DV lottery) Some says file waiver some say you are not eligible for waiver etc...I feel like going on my own filling out the application but reluctant coz they might decline in application review, you know how it is in TRump world.

"Trump world" has nothing to do with the longstanding rule that those who have been out of status cannot do AOS.

What type of waiver do the attorneys recommend you file?

 

[Everest2020]

"Trump world" has nothing to do with the longstanding rule that those who have been out of status cannot do AOS.

What type of waiver do the attorneys recommend you file?

so you think i am out of luck for AOS for via DV lottery? They say "inadmissible waiver' but some says you have to have green card family member to file that waiver. So i am like i have no choice other than filing for AOS taking risk, if they decline, I hope i can appeal. But chances are that they might not even worry about 9 months of out of status from 2014. I have a clean record, except that out of status period which i have a legit excuse for. I have to blame Obama on that one.. remember DAPA?

 

[SusieQQQ]

so you think i am out of luck for AOS for via DV lottery? They say "inadmissible waiver' but some says you have to have green card family member to file that waiver. So i am like i have no choice other than filing for AOS taking risk, if they decline, I hope i can appeal. But chances are that they might not even worry about 9 months of out of status from 2014. I have a clean record, except that out of status period which i have a legit excuse for. I have to blame Obama on that one.. remember DAPA?

Generally people don't go around blaming the presidents of countries for things like going out of status, which was your choice. (I didn't know about DAPA but when i looked it up it said it applied to illegal immigrants so if it applied to you, you were illegal to begin with?)

Well, if you feel you have nothing to lose then sure go ahead and try. They may "not even worry" about nearly a year out of status when the requirements are to have never been out of status, or someone may give you a waiver without a qualifying relative to file one. Not sure if I missed it, what is your current status?

 

[Everest2020]

Generally people don't go around blaming the presidents of countries for things like going out of status, which was your choice. (I didn't know about DAPA but when i looked it up it said it applied to illegal immigrants so if it applied to you, you were illegal to begin with?)

Well, if you feel you have nothing to lose then sure go ahead and try. They may "not even worry" about nearly a year out of status when the requirements are to have never been out of status, or someone may give you a waiver without a qualifying relative to file one. Not sure if I missed it, what is your current status?

Currently on TPS (since 2015), came to US in F1 visa, briefly out of status on 2014 for 9 months before TPS) Have couple of degrees, US citizen toddler, wife on TPS as well.

 

[damo1089]

too many opinions from different attorney.. nobody give trustworthy answer about AOS eligibility based on 9 months of out of status (via DV lottery) Some says file waiver some say you are not eligible for waiver etc...I feel like going on my own filling out the application but reluctant coz they might decline in application review, you know how it is in TRump world.

Your i-485 specifically asks if you have ever been out of status. Selecting yes will contradict the eligibility criteria. Who knows how much leway the officers have when you describe your reason for being out of status, but if you're here on a non immigrant visa, you probably won't be able to renew it if your AOS is denied. Seems like a lot of risk to take.

Selecting no will be even worse for you in any case, so don't think about doing that.