DV 2020 AOS Only

#81
Hello All,

My case is a little complicated and I wish you could help me with that.
I am from one of the countries affected by travel ban and have been selected in DV2020 with a case number of 2020AS00007xxx. I have submitted the initial ds-260 and requsted a CP (only the form...no supoorting document submission). However, I have been admitted to a university in the US and have to apply for F1 soon. Is it possible to change the initial CP request to AOS after I receive my F1 and reside in the US?
Also, I should add that at the time of submitting the ds-260, I was not residing in the US
 
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Sm1smom

Super Moderator
#82
Good morning. I am from Europe with a case number 2020EU2700. I am in the USA since 2015 with a valid F1 visa. I went back in my home country many times during this time. My visa will expire in July 2020. Couple days ago I sent the DS 260, because my case number is low and i should be interviewed in October or November. I already talked to the college and if i don t wanna start another semester, due to the GL, i have to leave the country by August 28. In my case, student visa, is ok or not leave the visa and go back to my country in order to do everything? Or is better ask for an adjustment of status? What is a risk? Also, if I wanna do the process in my home country, do I need to fill just the DS 260?
It’s really your decision as to which option you wish to go with. My recommendation is to maintain current status throughout he process if you wish to go the AOS route. I’m not sure what else made you decide to consider dropping out of school in order to go pursue CP, remember an approval is not guaranteed simply based on being selected. I also don’t know what stage of schooling you’re at, but giving it all up just like that for something you currently don’t have is not the route I would have taken.

Anyway, you can compare the pros and cons of both AOS and CP just in case you’re still trying to decide on which option works best for you - you’ll find this information on the AOS process spreadsheet which is linked to the first post on page one of this thread.
 

Sm1smom

Super Moderator
#83
hey guys,Ive read the spread sheet and other topics about form ds 260.so far I know,theres no need to hurry,but in their instructions its says to fill out as soon as possible. But I just want to double check:
1.Im in US,planning try to AOS( I know might not possible,but still) submitting a form ds 260 with out delay wouldnt hurt?
my case number is 2020eu8***.
2. in ds 260 form under the immigration violations: "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?" Im answering "YES" and it says "explain"
I'll just need to put in basic explanation,right? like," yes,I overstayed my visa" and then upon interview( if) give a detailed information?
3. and what are the chances, they will not accept this form because of positive answer to this question or they will still accept the form and then upon the interview decision would be made?
I know, its important form,but how formal is the form?not sure if it makes sense.
1. It wouldn’t hurt.
2. Use your best judgment on how to handle the explanation section.
3. The form will be accepted, your fee/payment will be accepted, the IO (Immigration Officer) assigned to your case by your FO (Field Office) will make the decision upon review regarding whether to send out a denial or approval notice based on the information on your I-485, or invite you for an interview following which the denial or approval decision gets made. The form is an official record in which you’ll be basically swearing that everything you write on it is the truth.
 

Sm1smom

Super Moderator
#84
Hello All,

My case is a little complicated and I wish you could help me with that.
I am from one of the countries affected by travel ban and have been selected in DV2020 with a case number of 2020AS00007xxx. I have submitted the initial ds-260 and requsted a CP (only the form...no supoorting document submission). However, I have been admitted to a university in the US and have to apply for F1 soon. Is it possible to change the initial CP request to AOS after I receive my F1 and reside in the US?
Also, I should add that at the time of submitting the ds-260, I was not residing in the US
Depends on if you’re able to get the F1 visa considering you’ve already demonstrated an immigrant intent with your DS260 form submission. Let’s revisit your questions if and when you get the F1 visa.
 
#85
Depends on if you’re able to get the F1 visa considering you’ve already demonstrated an immigrant intent with your DS260 form submission. Let’s revisit your questions if and when you get the F1 visa.
Thank you very much for your response.
I am wondering whether I would be elligible to apply through AOS if I get the F1 visa before this September?
 

Sm1smom

Super Moderator
#86
Thank you very much for your response.
I am wondering whether I would be elligible to apply through AOS if I get the F1 visa before this September?
Like I previously wrote, get the F1 visa first, then let’s discuss AOS eligibility and what it entails.
 

SusieQQQ

Well-Known Member
#87
Hello All,

My case is a little complicated and I wish you could help me with that.
I am from one of the countries affected by travel ban and have been selected in DV2020 with a case number of 2020AS00007xxx. I have submitted the initial ds-260 and requsted a CP (only the form...no supoorting document submission). However, I have been admitted to a university in the US and have to apply for F1 soon. Is it possible to change the initial CP request to AOS after I receive my F1 and reside in the US?
Also, I should add that at the time of submitting the ds-260, I was not residing in the US
I don't know all the details but my understanding is that some of the travel ban countries may get student visas but not immigrant visas. If this understanding is correct and you fall under the immigrant visa ban (and are not a dual national), you won't be able to get a green card?
 
#88
1. It wouldn’t hurt.
2. Use your best judgment on how to handle the explanation section.
3. The form will be accepted, your fee/payment will be accepted, the IO (Immigration Officer) assigned to your case by your FO (Field Office) will make the decision upon review regarding whether to send out a denial or approval notice based on the information on your I-485, or invite you for an interview following which the denial or approval decision gets made. The form is an official record in which you’ll be basically swearing that everything you write on it is the truth.
Thank you as always for taking your time to thoroughly reply,Sm1smom. appreciate it.
 
#89
Hi all,

My case number is 2020AS00017*** is this really high?? I am an F-1 student on OPT and was wondering if I should even bother to file for AOS with a case number this high?
 

Sm1smom

Super Moderator
#90
Hi all,

My case number is 2020AS00017*** is this really high?? I am an F-1 student on OPT and was wondering if I should even bother to file for AOS with a case number this high?
It is certainly not on the low side, I however can’t tell you how high it is.
 

Britsimon

Super Moderator
#91
Hello All,

My case is a little complicated and I wish you could help me with that.
I am from one of the countries affected by travel ban and have been selected in DV2020 with a case number of 2020AS00007xxx. I have submitted the initial ds-260 and requsted a CP (only the form...no supoorting document submission). However, I have been admitted to a university in the US and have to apply for F1 soon. Is it possible to change the initial CP request to AOS after I receive my F1 and reside in the US?
Also, I should add that at the time of submitting the ds-260, I was not residing in the US
You are dealing with multiple problems here.

Travel Ban 3.0 applies slightly differently to each country affected, so you need to consider the impact for your country. Mostly, immigrant AND non immigrant cases are affected. So, in addition to the immigrant intent problem you created by submitting the DS260, as Mom points out above, you may simply be banned from the F1 also. You may be able to apply for a waiver, but waivers are rarely granted as the requirements are very high.
 
#92
Hello ,
My husband won the DV lottery 2020 and his CN 2020AF00014xxx and he included me in his entry application for the lottery,the question is am currently inside the US as pending asylee,so what I have to do or what is the best solution for me?i have to join him in the interview in the UAE or he can just come to the US and do AOS for me??
 
#93
1. No immigrant intent has been demonstrated, so re-admission into the US shouldn’t be an issue.

2. What is the plan for adding your spouse as your derivative if you plan on getting married in August? You may need to wait a minimum of 90 days following your return at the end of August before demonstrating an immigrant intent which is what the submission of the DS260 form signifies.
Thanks MOM!
The question is, after my return at the end of August (after marriage to an American citizen in our home country) is it recommended to wait the 90 days period for AOS DV based even if I am not willing to take AOS marriage route?
Thanks again!
 

Sm1smom

Super Moderator
#94
Hello ,
My husband won the DV lottery 2020 and his CN 2020AF00014xxx and he included me in his entry application for the lottery,the question is am currently inside the US as pending asylee,so what I have to do or what is the best solution for me?i have to join him in the interview in the UAE or he can just come to the US and do AOS for me??
I can’t tell you what your best solution is, but I can tell you about the two options available to you:

1. Withdraw your asylum petition by returning home and processing CP with your husband.
I recommend you speak with an immigration attorney though to discuss the details of when you filed for asylum and find out if you’ll subsequently be considered an overstayer before proceeding with option 1.

2. Remain in the US until your husband completes his CP portion and enters the US as a LPR, then you file for AOS as his derivative.
 

Sm1smom

Super Moderator
#95
Thanks MOM!
The question is, after my return at the end of August (after marriage to an American citizen in our home country) is it recommended to wait the 90 days period for AOS DV based even if I am not willing to take AOS marriage route?
Thanks again!
Regardless of what the AOS petition is based on, a 90 day wait period is recommended. This helps overcome the argument of preconceived immigrant intent of filing AOS prior to entering the US on a NIV which an IO could possibly make and use as a basis of denying your AOS petition.
 
#96
Hello all, first time here... got selected for DV lottery .

CN is 2020AS****3*** (Nepal). Is it good number ?high or low? Also i was out of status (f1) for 9 months back in 2014 before being on TPS. Currenly in TPS since 2015. So what are the chances of adjusting status? Go for CP or AOS? Have US born child 4 years and wifeon TPS as well.
 
#99
Hello, I am selected for DV lottery 2020, I am currently in F1 status? What are my further steps? Also While applying for the DV lottery, I put the address for the home country in the application form, although I was here in United States at the time of applying, do it will be a big problem?
 
Yes we can tell you apart from @Everest2020
Mom, talked to this attorney which i think was the best so far . he said I cant adjust status in US, no chance, but Consular Processing has a favorable option since I would not trigger 3 years bar. Any idea?
  • Bars to admissibility under INA § 212 apply, but not bars to adjustment of status under § 245.
    • INA § 212(a)(9)(B) – unlawful presence between 180 days and one year and voluntary departure – advance parole is not a “departure.” Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012).
 
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