SusieQQQ
Well-Known Member
I quoted that entire paragraph verbatim from the uscis sheet on re-entry permits and it sure made it sound like it was an acceptable reason...
DV 2020 AOS Only
- Thread starter Sm1smom
- Start date
Sm1smom
Super Moderator
I know you did. But I do believe that paragraph is intended for when the form is applied for as a refugee travel document. The information is just not well documented on that sheet.
SusieQQQ
Well-Known Member
I’m going to respectfully disagree. The information on that sheet (which is titled “How do I get a re-entry permit?”) only deals with re-entry permits, and specifically references them in that paragraph for that usage. A few legal sites I’ve looked up have said the same thing.
Sm1smom
Super Moderator
Right. We can respectfully agree to disagree on this.
SusieQQQ
Well-Known Member
AOS was never restricted under the ban so I’d think it highly unlikely it can benefit from the reserved visas. Anyone know for sure?
Sm1smom
Super Moderator
Are you currently in the US? If yes, when did you enter the US and in what status?
How judge order defines the class:
"Individuals who have been selected to receive an immigrant visa
through the U.S. Department of State’s FY2020 Diversity Visa
Lottery and who had not received their immigrant visa on or before
April 23, 2020, when the Presidential Proclamation 10014, later
extended by Presidential Proclamation 10052, took effect."
So it seems to me that AOS applicants gotta be part of the class as well.
I'm currently not, but I was (in legal status) at the moment I won the lottery. I went back to Europe to get DV but as you see it didn't workout due to covid. I'm planning on getting back to US (legally) by the end of the year. But Im not confident whether AOS is a better way taking in account that visas are gonna be very limited so I'd need to get my asap.
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SusieQQQ
Well-Known Member
If you want to be literal about it, AOs applicants do not get visas.
SusieQQQ
Well-Known Member
What was your status before and on what status do you plan to “legally” get back in by the end of the year?
Sm1smom
Super Moderator
Technically speaking, DV based AOSers were not impacted by the two PPs, which to my understanding means the judge's ruling is not applicable to them either. AOSers were not suspended from entering the country because they were already in the US when the proclamation went into effect.
Sm1smom
Super Moderator
The question I asked was "what status", not whether you intend to enter the US legally or not.
Anyway, the fact that you're not currently residing in the US but are planning to enter the US on a NIV with a preconceived intent of filing AOS makes you ineligible even if the judge's ruling can be arguably said to be applicable to AOSers. Entering the US on a NIV with the preconceived AOS intent is considered a fraudulent misuse of that NIV.
Well I can only hope they haven't taught CBP officers to read minds just yet. And yeah I know about 90day rule.
Still can anyone answer "What are estimated timeframes for DV AOS? Is there a way to expedite it?" ?
SusieQQQ
Well-Known Member
The answers are “how long is a piece of string? Read the AOS spreadsheet to see different FOs” and “No”.
The advice you don’t want to hear is that, 90 days or not, you’re heading for a denial. Do CP.
Sm1smom
Super Moderator
In that case you can go figure that and the rest of the process out on your own. This forum does not support people who try to circumvent or abuse the immigration process.
Oh thank you! Someone did a great job.
So I've got even more questions.
How serious is 90day rule violation? I'm planning on entering US before judges final order, so technically I can't have an immigration intent not having AoS options at the moment of entry.
How frequent is USCIS RFE on tax records?
When USCIS receives your i485 do they reserve a visa for your case or it's all gonna be up in the air till the interview? If the visas run out before the interview you kinda screwed right?
SusieQQQ
Well-Known Member
You’re not only trying to circumvent the law but actually throwing away a chance at a DV visa. And you expect help? Like giving the car keys to a drunk. Nah.
I'm planning on doing everything within the lawful boundaries. It's not in my interest to get caught and permanently banned from US. However you do understand that I'm not obliged to tell the CBP about some case pending that may be, maaay be is going to grant some immigration opportunities at some unknown point in the future. I'm going to US regardless of case outcome 'cause I have other business to do.
I'm just trying to figure out what you mean. You are saying that regardless of time between admission to US and filling i-485 USCIS is gonna consider my application immigration fraud? On what grounds? DV2020 is over and gone unless it gets reestablished by judge or the congress. I'm asking you legal questions not asking for moral judgements against myself.