DV 2020 AOS Only

[Giovanna]

I already answered - you need to contact KCC and inform them you wish to switch from CP to AOS.

Then go through the AOS process spreadsheet which is linked to the first post on page one of this thread.

Thank you very much for your help. I just printed the I 485. I have another question. Do i have to call them or write an a mail to inform that I want to switch from CP to AOS? I hope that I still am able to switch the process and is not late

 

[Tasnem]

Yes you can leave the US and join your husband for CP. You can’t request for AP if you will be withdrawing your asylum petition before leaving. You should also ask your lawyer about this though.

Ok sir but if I didn't withdraw my asylum petition,can I just take the AP and join him because in case we didn't get the visa I can come back and continue my asylum

 

[Sm1smom]

Thank you very much for your help. I just printed the I 485. I have another question. Do i have to call them or write an a mail to inform that I want to switch from CP to AOS? I hope that I still am able to switch the process and is not late

EMAIL!

I wouldn’t be asking you to contact KCC if it’s too late for you to switch. The CNs current for October which is the start of DV2020 FY haven’t even been released.

 

[Sm1smom]

Ok sir but if I didn't withdraw my asylum petition,can I just take the AP and join him because in case we didn't get the visa I can come back and continue my asylum

Yes you can apply for AP if you do not plan on withdrawing your asylum petition.

 

[SusieQQQ]

Thank you very much for your help. I just printed the I 485. I have another question. Do i have to call them or write an a mail to inform that I want to switch from CP to AOS? I hope that I still am able to switch the process and is not late

Have you read the spreadsheet about when to submit the i485?

 

[Tasnem]

Yes you can apply for AP if you do not plan on withdrawing your asylum petition.

Ok sir I have two more questions:
1_I had already submitted form 260 so if I need to switch the interview location I have to unlock DS260 ,but the problem am still in the US so I can't but my address in UAE;and also I will be able to be their just directly before the interview and at that time it will be too late to unlock the form ,so what do you think I have to do?
2 _ I lived in US for more than a year; should I request police certificate or not?

 

[Sm1smom]

Ok sir I have two more questions:
1_I had already submitted form 260 so if I need to switch the interview location I have to unlock DS260 ,but the problem am still in the US so I can't but my address in UAE;and also I will be able to be their just directly before the interview and at that time it will be too late to unlock the form ,so what do you think I have to do?
2 _ I lived in US for more than a year; should I request police certificate or not?

1. Your husband is the selectee and not you, right? His listed address determines interview location, not yours. So you not listing a UAE address on your form should not be a problem. He however needs to indicate on his form you will be migrating with him and not processing FTJ (follow to join). You can also email KCC letting them know you plan on processing with your husband.

2. No PCC from the US required.

On a side note, I hope you still have a valid passport and you’ll meet the applicable visa requirements for admission into the UAE

 

[Tasnem]

1. Your husband is the selectee and not you, right? His listed address determines interview location, not yours. So you not listing a UAE address on your form should not be a problem. He however needs to indicate on his form you will be migrating with him and not processing FTJ (follow to join). You can also email KCC letting them know you plan on processing with your husband.

2. No PCC from the US required.

On a side note, I hope you still have a valid passport and you’ll meet the applicable visa requirements for admission into the UAE

Ok so just I have to send email to KCC and they will adjust this issue?also can I change the email we have first mentioned it in the Entery application for DV because that Email for my brother and I need to but my email

 

[Sm1smom]

Ok so just I have to send email to KCC and they will adjust this issue?also can I change the email we have first mentioned it in the Entery application for DV because that Email for my brother and I need to but my email

I honestly don’t like repeating myself. So please pay close attention to whatever response I’ve already provided. I will make an exception in this case: here’s what needs to happen -
- you and/or your husband need to contact (email) KCC and request both of your forms.
- your husband’s form has to show you’re immigrating with him and not processing FTJ.
- after resubmitting your forms, send a follow up email to KCC clearly stating you’re processing CP with your husband.
- you can change the email address and any other information you wish to change once the form is unlocked.

 

[Sm1smom]

Ok so just I have to send email to KCC and they will adjust this issue?also can I change the email we have first mentioned it in the Entery application for DV because that Email for my brother and I need to but my email

Again, be aware you or your husband could get stuck in AP (Administrative Processing) if you decide to go join your husband for CP. If that happens (it is more likely to happen in your specific case considering you’re from Sudan and you already have a pending asylum petition in the US), you will not be allowed back into the US regardless of your having an Advance Parole card with you until that AP clears. If it doesn’t clear by the end of your FY, that is the end of the DV GC, and they may decide to not go ahead with trying to clear you to enable you return to the US once the 2020 FY is over. Most AP typically take a very long time to clear - could be years in some cases.

So my final warning to you: weigh your options carefully before plunging ahead.

 

[Tasnem]

Again, be aware you or your husband could get stuck in AP (Administrative Processing) if you decide to go join your husband for CP. If that happens (it is more likely to happen in your specific case considering you’re from Sudan and you already have a pending asylum petition in the US), you will not be allowed back into the US regardless of your having an Advance Parole card with you until that AP clears. If it doesn’t clear by the end of your FY, that is the end of the DV GC, and they may decide to not go ahead with trying to clear you to enable you return to the US once the 2020 FY is over. Most AP typically take a very long time to clear - could be years in some cases.

So my final warning to you: weigh your options carefully before plunging ahead.

Ok sir thank you for your support; maybe I will stay here and wait for my husband to come and then proceed with AOS .

 

[Everest2020]

I’m not a lawyer. If this lawyer feels you will not trigger a three year bar following your 9 months out of status presence in the US, then I say good luck with that.

Mom, my lawyer is convincing me to appear for interview at consular office back home. I am leaning towards taking a flight home under TPS AP.
Per him, I am 100% ineligible to adjust status here because of the violation of non-immigrants status as well as working without work authorization which I admit.
But I am not inadmissible to this country to adjust status via consular processing because I have never departed this country after my out of status period which do not trigger 3 or 10 years bar. ( I left the country with TPS advance parole which doesn’t count as being voluntarily departed). (Link#3 below)
I might be inadmissible per consular because of ground of inadmissibility as a Student Visa Abusers but that only applies to elementary schooling & do not apply to post graduate studies( that’s when I was out of status after completing my 2nd masters) Link #1

1. https://lawandborder.com/grounds-of-inadmissibility/

2. https://www.govinfo.gov/content/pkg/FR-1997-12-29/pdf/97-33257.pdf
3.https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3748 (final).pdf

Any thoughts?

 

[Sm1smom]

Mom, my lawyer is convincing me to appear for interview at consular office back home. I am leaning towards taking a flight home under TPS AP.
Per him, I am 100% ineligible to adjust status here because of the violation of non-immigrants status as well as working without work authorization which I admit.
But I am not inadmissible to this country to adjust status via consular processing because I have never departed this country after my out of status period which do not trigger 3 or 10 years bar. ( I left the country with TPS advance parole which doesn’t count as being voluntarily departed). (Link#3 below)
I might be inadmissible per consular because of ground of inadmissibility as a Student Visa Abusers but that only applies to elementary schooling & do not apply to post graduate studies( that’s when I was out of status after completing my 2nd masters) Link #1

1. https://lawandborder.com/grounds-of-inadmissibility/

2. https://www.govinfo.gov/content/pkg/FR-1997-12-29/pdf/97-33257.pdf
3.https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3748 (final).pdf

Any thoughts?

Okay, so a little bit of clarification on what I do here - that is basically to provide guidance for a DV based AOS petition. I’m not a lawyer like I already declared upfront. So I’m sorry, I don’t have any other thoughts outside of those I already expressed and this particular below post:

I’m not a lawyer. If this lawyer feels you will not trigger a three year bar following your 9 months out of status presence in the US, then I say good luck with that.

 

[Everest Nation]

Hi,

I have been selected on the DV lottery with CN#2020AS000094XX.
Currently, I'm on an F1 visa and my spouse is also on F1 visa.
I have been reading the spreadsheet and saw that the interview process takes up to 4 months from the time we become current.

Based on my understanding (which I hope is wrong) if you file a DS-260 and I-485 and get rejected you have to leave the country.
So my question is that with a CN number this high would it be a risk to proceed with the application?

Hello,

We are having the same dilemma and just some small difference in the case number from the same region which is 2020AS00009***. Do you think that with this high case number there is a chance of visa interview? Also if you have any update with the OPT issues, please let us know. One of the attorneys whom I have talked says that you may not have the chance of interview and OPT.

 

[damo1089]

Irrespective of your case number, you're always taking a risk, as can be seen in the 2019 thread and previous years too.

Nobody knows what's going on with the high numbers yet.

 

[firmjoy]

Hi,

I have been selected for the DV lottery with CN # 2020AS00007XXX.
I applied for I-539, from B1/B2 to F1 six months ago and the results are still pending. By the way, I filled out DS260 with AOS and submitted it.

If I do not get the results of the I-539 soon, I will have to apply for an extension, and I've already submitted the DS260. Therefore, F-1 is likely to be rejected due to DS260 / Immigration intention.

1. Will I be able to proceed with the AOS if I get F1 soon? (Best Scenario)
2. What is the risk of applying for an extension if I do not get the results of I-539 soon?
3. If I-539 is rejected and B1/B2 becomes out of status, will switching to CP & GC progress be a problem in the future?
4. Or is it safe to cancel I-539 and switch to CP now?

I would greatly appreciate your advice in your experience.

 

[Sm1smom]

Hi,

I have been selected for the DV lottery with CN # 2020AS00007XXX.
I applied for I-539, from B1/B2 to F1 six months ago and the results are still pending. By the way, I filled out DS260 with AOS and submitted it.

If I do not get the results of the I-539 soon, I will have to apply for an extension, and I've already submitted the DS260. Therefore, F-1 is likely to be rejected due to DS260 / Immigration intention.

1. Will I be able to proceed with the AOS if I get F1 soon? (Best Scenario)
2. What is the risk of applying for an extension if I do not get the results of I-539 soon?
3. If I-539 is rejected and B1/B2 becomes out of status, will switching to CP & GC progress be a problem in the future?
4. Or is it safe to cancel I-539 and switch to CP now?

I would greatly appreciate your advice in your experience.

Answer the following questions for appropriate guidance:
1. If you filed for COS six months ago, I’m guessing your initial granted status as expired, right?
2. If my assumption is wrong, what is the duration of stay granted with your B1/B2?
3. Which month did you enter the US and which month did you file COS

 

[firmjoy]

Answer the following questions for appropriate guidance:
1. If you filed for COS six months ago, I’m guessing your initial granted status as expired, right?
2. If my assumption is wrong, what is the duration of stay granted with your B1/B2?
3. Which month did you enter the US and which month did you file COS

I arrived in June and applied for COS (before expiration) in December through a lawyer.
According to the lawyer, my visa will expire in early June and I will have to apply for an extension.

 

[Sm1smom]

I arrived in June and applied for COS (before expiration) in December through a lawyer.
According to the lawyer, my visa will expire in early June and I will have to apply for an extension.

I numbered my questions because I didn’t want you to misunderstand or skip answering any one and I wish you answered precisely what I had asked and numbered each of your own response accordingly.

So let’s try this again:

1. You entered the US on June 2018, is that correct? If not correct when did you enter the US?
2. You filed for COS in December 2018, is that correct? If not correct when did you file for COS
3. What is the duration of stay granted when you originally entered the US? Please don’t provide what your lawyer said. Check your I-94 or the date stamped on your passport for the actual response to this question.

 

[firmjoy]

Thank you for your prompt responses.

1. You entered the US on June 2018, is that correct?
- Correct
2. You filed for COS in December 2018, is that correct?
- Correct
3. What is the duration of stay granted when you originally entered the US?
- 6 months