DV 2020 AOS Only
- Thread starter Sm1smom
- Start date
SusieQQQ
Well-Known Member
You can check the eligibility criteria yourself, here is the uscis policy manual, scroll down to “bars to adjustment”. You’ll see that one of the bars is aliens “Who Failed to Continuously Maintain Lawful Status Since Entry into United States” and that the periods under consideration are “All entries and time periods spent in the United States (departure and return does not remove the ineligibility)”.
https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2
memoabebe9
New Member
Ok, so are you saying everyone with pending asylum case are not eligible for AOS?? Which is not true because I know tons of people who has done that, even on this blog you helped lots of people with it, secondly how the world # 3 apply to me I have never worked without authorization and currently I am on a legal status. Mom your just bieng rude but you already know I can make the AOS. I dont need your help anymore tho, I know If it meant for me it will and period!
SusieQQQ
Well-Known Member
Just ...wow. What a response. Feel free to go ahead and file your DV AOS petition. It would be appreciated if you update the forum with results to help future asylees. In the meanwhile, search user @Elz and user @dz3i, being the last two recent ones I can think of, and see how their cases ended up (both of them still gracious though).
Aidyn
Well-Known Member
No we are saying that because you were out of status (you said so yourself in your original post) that you are ineligible to process AOS
I am in no way being judgmental and I mean no disrespect, but please go read the 2019 thread and you will see several stories with similar background to yours that sadly ended in denial
SusieQQQ
Well-Known Member
Let me bold the part you don't want to listen to, from the official manual :
memoabebe9
New Member
Booooo and if you hit the exception 81 it says 《This does not apply to foreign nationals who failed to maintain lawful status through no fault of their own or solely for technical reasons, as defined in......》 which applies in my case so that's why I am saying ur very judgmental and rude, also I know people that succeeded with similar situation as mine soo you can keep talking but yes I am 100% eligible, I will update u once I get my green card. Try to shut your ass if your not sure about it!
SusieQQQ
Well-Known Member
We are sure about it, but as we said before, absolutely feel free to go ahead and see for yourself. It's your own time and money, not ours.
Incidentally - the only person here who is being rude is you. Telling people facts they don't want to hear is not rude; the language you are using is.
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Sm1smom
Super Moderator
I will not stoop down to your level and engage in some silly banter with you. Resorting to tantrums and rudeness simply because the response you’ve been given is far from what you wish to hear. So, consider this the only warning you’ll be getting here - administrative actions will be taken against you if you put up any other rude post in this forum.
.
Tateela_mk__
New Member
Hi Guys,
I am preparing for AOS. Long story short: my school diplomas are back in my country and most likely I will have to fly back and pick it up. My number is EU43XXX. Winter in my country comes around November and it`s freaking cold. I want to avoid bad weather conditions, flight delays etc.
Do you think I will have enough time before AOS if I plan my trip for March or May?
I am preparing for AOS. Long story short: my school diplomas are back in my country and most likely I will have to fly back and pick it up. My number is EU43XXX. Winter in my country comes around November and it`s freaking cold. I want to avoid bad weather conditions, flight delays etc.
Do you think I will have enough time before AOS if I plan my trip for March or May?
asm_dv
Active Member
1.Have you filed your DS260? If you have then you need to consider the decision to fly back because then you have shown immigrant intent while on "assuming" your NIV status. If you have not filed DS260 then no issue.
2.Also if you fly back home then you need to wait 90 days after you re-enter US to submit your DS 260.
However, given your CN being high you should have adequate time to do all that but if you have filed DS260 then see if you can get the diplomas mailed to you.
Tateela_mk__
New Member
Thanks for your quick response asm_dv. I submitted DS260 as soon as I knew of the results, unfortunately. I am on student visa and dropping off the classes doesn`t sound like a good option for me since I already paid for 3 semesters. Does it mean they won`t let me return even if I have valid student visa? What if they didn`t even consider my application yet?
asm_dv
Active Member
As @Sm1smom confirmed and also USCIS law states that once you file DS 260 you have shown immigrant intent. At that point if you leave US and you have a non-immigrant visa then your admission will be upon the decision of the CBP officer at the port of entry.
Also, when was the last time you re-entered US? Check if you have filed the DS 260 after 90 days had passed after your latest US entry date.
If required you can do CP instead of AOS if you really need to travel back home for your diploma. But considering your course cost and complications it would be advised if you remain in US for the duration of the process.
Just search my posts where I asked similar question to mom.
SusieQQQ
Well-Known Member
Do fedex, DHL or UPS not operate in your home country?
Tateela_mk__
New Member
Thanks a lot for this information.
Tateela_mk__
New Member
They do. But I have no idea where to find them. Can ask my parents to go to school and get the copy of those diplomas like for example if they were lost? I have master’s and bachelor’s diplomas here with me. I don’t know why would they need the school one:-((
Tateela_mk__
New Member
Sorry was writing in a hurry. The international post services are working but I don’t know where to find my high school diploma even if I ask someone to send it to me. Can I use a copy from my school? I have college, bachelors and masters diplomas here with me. Is that high school diploma still important?