DV 2020 AOS Only

#41
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.
Currently on TPS which is extended for another year and lord knows how many more or less.. so i do have a status to fall back on. So my instinct is go ahead for AOS and do not lie on the forms. Trying to find experienced lawyer with expertise on DV lottery and AOS. Already spent couple of hundreds $$ for consultation but no definite answer. Some even dont know the DV lottery.. Sad!
 

Sm1smom

Super Moderator
#44
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?
You really should take responsibility for your out of status issue - neither Trump nor Obama is responsible for that from what I can decipher here. In order to qualify for DAPA, you would have already been an illegal immigrant which you’re not admitting to here. DAPA was an Obama Administration plan to help qualifying illegal immigrants avoid immediate removal and find a chance to apply for residency, it got replaced by DACA. So I don’t understand your claim about a “legitimate excuse” for failing out of status.

Nine months is not a short period of time to be out of status, it’s not like we’re talking about 9 days here which on its own is good enough to preventing someone from being AOS eligible by the way.
 

Sm1smom

Super Moderator
#45
Currently on TPS which is extended for another year and lord knows how many more or less.. so i do have a status to fall back on. So my instinct is go ahead for AOS and do not lie on the forms. Trying to find experienced lawyer with expertise on DV lottery and AOS. Already spent couple of hundreds $$ for consultation but no definite answer. Some even dont know the DV lottery.. Sad!
You will most likely not find a good attorney with great immigration and DV based AOS experience. When I recommended you speak with an experienced immigration attorney, it was simply to determine your AOS eligibility as I didn’t think you were eligible. Like you’ve rightly found out, most do not know about the DV lottery process and that’s the gap we try to fill here.

Of course you can still go ahead and give your selection a shot by filing for AOS when your CN becomes current (if you’re ready to gamble with the associated fees) and hope for a favorable outcome.
 
#46
You really should take responsibility for your out of status issue - neither Trump nor Obama is responsible for that from what I can decipher here. In order to qualify for DAPA, you would have already been an illegal immigrant which you’re not admitting to here. DAPA was an Obama Administration plan to help qualifying illegal immigrants avoid immediate removal and find a chance to apply for residency, it got replaced by DACA. So I don’t understand your claim about a “legitimate excuse” for failing out of status.

Nine months is not a short period of time to be out of status, it’s not like we’re talking about 9 days here which on its own is good enough to preventing someone from being AOS eligible by the way.
No i am not blaming anybody for my out of status, i was trying to be sarcastic. But i think i was eligible for DAPA because the criteria was you had to be with no valid status on or before Nov 2014 and have US born citizen, thats why i waited for DAPA to go into effect, but the TX judge struck it down citing it unconstitutional. That was one of the reason i stayed out of status for that long otherwise would have reinstated within 6 months. So lil blame goes to Obama too for encouraging me to stay illegal lol. Anyway, i kind of reasearched and i think i am eligible for waiver of inadmissible while filing AOS according to USCIS. Need to confirm on that one. Also, there is court decision on unlawful presence for F1 ( Guilford College et al. v. DHS case ), so i am researching and working on to find a good lawyer, also taking some advise from this forum as well, Thanks folks for all the suggestions and ideas.
 

Sm1smom

Super Moderator
#47
No i am not blaming anybody for my out of status, i was trying to be sarcastic. But i think i was eligible for DAPA because the criteria was you had to be with no valid status on or before Nov 2014 and have US born citizen, thats why i waited for DAPA to go into effect, but the TX judge struck it down citing it unconstitutional. That was one of the reason i stayed out of status for that long otherwise would have reinstated within 6 months. So lil blame goes to Obama too for encouraging me to stay illegal lol. Anyway, i kind of reasearched and i think i am eligible for waiver of inadmissible while filing AOS according to USCIS. Need to confirm on that one. Also, there is court decision on unlawful presence for F1 ( Guilford College et al. v. DHS case ), so i am researching and working on to find a good lawyer, also taking some advise from this forum as well, Thanks folks for all the suggestions and ideas.
The question isn’t about your DAPA eligibility. From your account above, you basically took a gamble by purposely going out of status in order to benefit from DAPA, but your gamble failed! This I deduced from your statement “one of the reason i stayed out of status for that long otherwise would have reinstated within 6 months” Again, Obama did not encourage you to stay illegal, joke or no joke.

FYI the preliminary injunction granted by the North Carolina Federal District court is with regards to presumed accrued unlawful presence by F/J/M status holders based on the August 9, 2018 Memo by the current administration. It does not address being out of status which is what makes you or anyone in a similar situation ineligible for AOS. The penalty for being found guilty of having accrued an unlawful presence is a 3 or 10 year bars inadmissibility which there may be a waiver for. There’s no waiver for AOS eligibility - big difference.
 
#48
The question isn’t about your DAPA eligibility. From your account above, you basically took a gamble by purposely going out of status in order to benefit from DAPA, but your gamble failed! This I deduced from your statement “one of the reason i stayed out of status for that long otherwise would have reinstated within 6 months” Again, Obama did not encourage you to stay illegal, joke or no joke.

FYI the preliminary injunction granted by the North Carolina Federal District court is with regards to presumed accrued unlawful presence by F/J/M status holders based on the August 9, 2018 Memo by the current administration. It does not address being out of status which is what makes you or anyone in a similar situation ineligible for AOS. The penalty for being found guilty of having accrued an unlawful presence is a 3 or 10 year bars inadmissibility which there may be a waiver for. There’s no waiver for AOS eligibility - big difference.
So what you saying is preliminary injunction granted by the North Carolina Federal District court only applies to get rid of 3 or 10 years bar if they had accrued unlawful presence before August 9 2018 and not for adjustment of status? What i thought was the preliminary injunction will not count any unlawful presence accrued before Aug 9 2018? May be i am not understanding difference between unlawful presence vs out of status.
 
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Sm1smom

Super Moderator
#49
So what you saying is preliminary injunction granted by the North Carolina Federal District court only applies to get rid of 3 or 10 years bar if they had accrued unlawful presence before August 9 2018 and not for adjustment of status? What i thought was the preliminary injunction will not count any unlawful presence accrued before Aug 9 2018? May be i am not understanding difference between unlawful presence vs out of status.
Nope, that's not what I said. The August 9 2018 I referenced in my post is the effective date of the new policy which changes how the USCIS wants to calculate when someone previously on a student visa begins to accumulate an unlawful presence after falling out of status. There are two issues here: (1) unlawful presence and (2) out of status - there are different consequences associated with each of these two issues.

Prior to the referenced memo, it was possible for someone on a F/J/M (student) status to fall out of status without accumulating an unlawful presence on the basis of the student being admitted into the US on a D/S (Duration of Status) period of stay. This means if the student decides to stop attending classes for (drop out of school), the student falls out of status. They however were not deemed to be accruing an unlawful presence.

The consequences of accruing an unlawful presence is that such a person is found inadmissible for 3 or 10 years (depending on how long they had fallen out of status) and becomes inadmissible to the US upon departure - there may be a waiver for being found inadmissible. The new memo however is trying to change when the 3 or to year bars clock begins - this is what the recent injunction grants a temporary relief from.

There is still the issue of being out of status that kicks in as soon as one violates their non-immigrant status. Again, in the case of a student that decides to drop out of school, they automatically fall out of status. The consequence for falling out of status in this case is ineligibility to file for AOS. There's no waiver one can file for this ineligibility. The only exception is if this student subsequently gets married to a USC and and they file a marriage based AOS petition - being married to a USC allows for being out of status to be forgiven.
 
#50
First; thank you so much for this forum and the spreadsheet which has cleared already several questions I originally had.
I realize the visa bulletin as of now is for those who were notified last year. So essentially 2020 selectees have to wait at least until Oct 1 to see when their number is current.
Here's my situation. I partially filled out DV-260 but I have not submitted it.
I have 2020XX00028XXX which guessing from historical data may be current in July of next year.
I'm in US on a non-immigrant visa that's expiring in February 2020.
What should I do? Refrain from submitting DS-260 and try to renew the visa? wouldn't that be denied now that it's already in the system that I was selected for the dv lottery?
I obviously can't stay past the duration of status.
I looked into I-539 I don't think it applies.
So does this mean I have to clear everything, lose the apartment, go home and then do the interview in my country, forgetting about AOS?
Thank you for any advice you may have.
 

Sm1smom

Super Moderator
#51
First; thank you so much for this forum and the spreadsheet which has cleared already several questions I originally had.
I realize the visa bulletin as of now is for those who were notified last year. So essentially 2020 selectees have to wait at least until Oct 1 to see when their number is current.
Here's my situation. I partially filled out DV-260 but I have not submitted it.
I have 2020XX00028XXX which guessing from historical data may be current in July of next year.
I'm in US on a non-immigrant visa that's expiring in February 2020.
What should I do? Refrain from submitting DS-260 and try to renew the visa? wouldn't that be denied now that it's already in the system that I was selected for the dv lottery?
I obviously can't stay past the duration of status.
I looked into I-539 I don't think it applies.
So does this mean I have to clear everything, lose the apartment, go home and then do the interview in my country, forgetting about AOS?
Thank you for any advice you may have.
Information about DV 2020 selectees current in October will be known starting from August 2019. Your CN doesn’t tell us anything with the regions x’ed out, you need to provide that info.

Also what status are you currently in the US on? What does your I-94 show as your granted duration of stay? When your visa, which is the actual stamp, on your passport expires is irrelevant as it is only used as the document that grants admission into the US and the type of status you’re admitted into. Without the the things I’m asking about here, I can’t properly answer your questions.
 
#52
Information about DV 2020 selectees current in October will be known starting from August 2019. Your CN doesn’t tell us anything with the regions x’ed out, you need to provide that info.

Also what status are you currently in the US on? What does your I-94 show as your granted duration of stay? When your visa, which is the actual stamp, on your passport expires is irrelevant as it is only used as the document that grants admission into the US and the type of status you’re admitted into. Without the the things I’m asking about here, I can’t properly answer your questions.
I apologize about the withdrawn info. Region is EU.
visa is I; assignment still valid. I-94 D/S
Thank you again.
 
#53
Nope, that's not what I said. The August 9 2018 I referenced in my post is the effective date of the new policy which changes how the USCIS wants to calculate when someone previously on a student visa begins to accumulate an unlawful presence after falling out of status. There are two issues here: (1) unlawful presence and (2) out of status - there are different consequences associated with each of these two issues.

Prior to the referenced memo, it was possible for someone on a F/J/M (student) status to fall out of status without accumulating an unlawful presence on the basis of the student being admitted into the US on a D/S (Duration of Status) period of stay. This means if the student decides to stop attending classes for (drop out of school), the student falls out of status. They however were not deemed to be accruing an unlawful presence.

The consequences of accruing an unlawful presence is that such a person is found inadmissible for 3 or 10 years (depending on how long they had fallen out of status) and becomes inadmissible to the US upon departure - there may be a waiver for being found inadmissible. The new memo however is trying to change when the 3 or to year bars clock begins - this is what the recent injunction grants a temporary relief from.

There is still the issue of being out of status that kicks in as soon as one violates their non-immigrant status. Again, in the case of a student that decides to drop out of school, they automatically fall out of status. The consequence for falling out of status in this case is ineligibility to file for AOS. There's no waiver one can file for this ineligibility. The only exception is if this student subsequently gets married to a USC and and they file a marriage based AOS petition - being married to a USC allows for being out of status to be forgiven.
so i talked to two attorneys today, one told me to go ahead and gamble your money for AOS and other said that my AOS will be denied due to ineligibility so he told me to file Provisional waiver( based on the fact that i have US citizen toddler-hardship letter) here and once approved go for consular processing back home with TPS AP for interview. Problem with that waiver takes 4-6 months. What you think Mom? Am i still eligible for consular processing with approved waiver?
 

Sm1smom

Super Moderator
#54
First; thank you so much for this forum and the spreadsheet which has cleared already several questions I originally had.
I realize the visa bulletin as of now is for those who were notified last year. So essentially 2020 selectees have to wait at least until Oct 1 to see when their number is current.
Here's my situation. I partially filled out DV-260 but I have not submitted it.
I have 2020XX00028XXX which guessing from historical data may be current in July of next year.
I'm in US on a non-immigrant visa that's expiring in February 2020.
What should I do? Refrain from submitting DS-260 and try to renew the visa? wouldn't that be denied now that it's already in the system that I was selected for the dv lottery?
I obviously can't stay past the duration of status.
I looked into I-539 I don't think it applies.
So does this mean I have to clear everything, lose the apartment, go home and then do the interview in my country, forgetting about AOS?
Thank you for any advice you may have.
Ok, EU28xxx, I status:

If your I-94 shows D/S for admission status, you’re good to go. You will continue to be in a legal valid status because of this. No need to file an extension or anything, what is expiring in February 2020 is the visa stamp on your passport which is the document used in admitting you into the US.

You will only need a new visa if you were to leave the US after the current one expires in February 2020. Bear in mind though, leaving the US may impact your ability to file AOS or get approved if the AOS petition is already pending if certain conditions are not met. So seek guidance before doing so, should you need to travel out from now.
 

Sm1smom

Super Moderator
#55
so i talked to two attorneys today, one told me to go ahead and gamble your money for AOS and other said that my AOS will be denied due to ineligibility so he told me to file Provisional waiver( based on the fact that i have US citizen toddler-hardship letter) here and once approved go for consular processing back home with TPS AP for interview. Problem with that waiver takes 4-6 months. What you think Mom? Am i still eligible for consular processing with approved waiver?
Glad to know some attorney told you precisely what I said about how filing AOS in your situation will be a gamble.

Yes you’ll be eligible for CP if you get the waiver which you’ve clearly found out takes several months and approval is not guaranteed, and I doubt you’ll get it.

Bear in mind you may be denied re-admission back into the US on TPS, if for some reason your DV based CP is denied. You may also need to apply for AP before leaving the US as a matter of fact. Be sure to read this NOLO Article
 

SusieQQQ

Well-Known Member
#56
so i talked to two attorneys today, one told me to go ahead and gamble your money for AOS and other said that my AOS will be denied due to ineligibility so he told me to file Provisional waiver( based on the fact that i have US citizen toddler-hardship letter) here and once approved go for consular processing back home with TPS AP for interview. Problem with that waiver takes 4-6 months. What you think Mom? Am i still eligible for consular processing with approved waiver?
Can you be more specific about which particular waiver he wants you to file? The only ones (other than for criminal conduct) I am aware of can only be filed on the basis of hardship to either a US citizen or LPR parent or spouse (not a child, even one legally old enough to sign) but I'm not an expert on waivers. I have seen posts by USC children before desperate to file waivers on behalf of their inadmissible parents so it would be useful information to have.
 
#57
Can you be more specific about which particular waiver he wants you to file? The only ones (other than for criminal conduct) I am aware of can only be filed on the basis of hardship to either a US citizen or LPR parent or spouse (not a child, even one legally old enough to sign) but I'm not an expert on waivers. I have seen posts by USC children before desperate to file waivers on behalf of their inadmissible parents so it would be useful information to have.
He said Provisional waiver but like you said i thought they were for spouse or parent. Lawyers are making me more confused now.
 

SusieQQQ

Well-Known Member
#60
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