DV 2020 AOS Only

Sm1smom

Super Moderator
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
So what your lawyer said about your visa expiring in June (according to you) clearly makes no sense. Your granted status already expired back in December 2018. You can’t file for an extension of a status that no longer exists!

Your COS petition most likely will be denied, especially considering the fact that you’ve already demonstrated an immigrant intent with your DS260 form submission. You can’t have or demonstrate an immigrant intent if you’re asking for your non-immigrant status to be extended or changed. Any other non-immigrant petition you submit going forward will be seen as a frivolous attempt at remaining in the US and will also be denied accordingly.

Your best bet right now is to withdraw your COS petition and depart from the US before your that petition gets denied. Once it gets denied, while you’re still in the US, you’ll be deemed to have accrued an unlawful presence from Dec. 2018 when your original granted status expired. If you leave before you clock 180 days of continuous unlawful presence, you will not be found inadmissible and subject to a ban from returning to the US. An unlawful presence of 180 days but less than one year will result in a 3 year inadmissibility bar. An unlawful presence of one year or more will earn you a 10 year inadmissibility bar.
 
Hello,

I am Sherpa, new to this forum. I got selected for the DV Letter 2020 with the case number 2020AS94** . I know Asia current cutoff case number for 2019 DV is 10,000 (except Nepal 5,775). My question here is why the cutoff score for Nepal is allocated, as I am from Nepal so would like to know my chances of getting to the next round. Looking forward to hear
 
Hi all,
My wife is a selectee of DV2020 (EU17***), and we currently consider proceeding with AOS. I have checked AOS spreadsheet and it mentions that a person is eligible if they:
- Are physically present in US at the time of confirming DV selection
- Were inspected when entered US
- Have never violated admitted status
- Are not out of status
However, I have concerns regarding the first condition.
1. I'm currently on STEM OPT extension, and my wife is currently on F2 visa. My wife doesn't live permanently in US, but rather visits several times a year, due to her studies in the home country.Is she still considered to be eligible for AOS or should we proceed with CP?
2. Moreover, my F1 visa has expired in Apr 2019 (I still have a valid STEM OPT status and EAD till Oct 2020), and my wife's F2 visa will possibly expire as well (it expires in Apr 2020) by the time our CN becomes current, based on previous 2 years. Does this fact make us ineligible for AOS?
Neither me nor my wife has never violated our status or been out of status.
Thank you!
 
Hello,

I am Sherpa, new to this forum. I got selected for the DV Letter 2020 with the case number 2020AS94** . I know Asia current cutoff case number for 2019 DV is 10,000 (except Nepal 5,775). My question here is why the cutoff score for Nepal is allocated, as I am from Nepal so would like to know my chances of getting to the next round. Looking forward to hear
Nepal has the second-highest number of selectees in Asia. Iran has the highest number but due to the President Trump's Travel Ban only a few number of the Iranians can get their diversity visas.

I checked statistics for DV 2019 for Nepal and Iran. Iran has 4199 selectees while Nepal has 3633 selectees.

In 7 months within the start of the fiscal year (from October to April) only 5 diversity visas have been issued for the Iranians while during this period 1710 visas have been issued for people from Nepal. These 1710 visas are for 961 selectees out of 3633 and the remaining 749 visas are for their derivatives.
This shows that Napalese people have big families and therefore few number of selectees can consume the allocated visas. It is expected that with around 500 more selectees (500 case numbers) all of the 7% of visas of Nepal will be used up.
In other words, with only 1500 selectees (1500 case numbers) out of 3633 selectees all of Diversity Visas allocated to Nepal is used up. That's why DOS put a cap for Nepal while other Asian countries go current.

Each country can get up to 3500 diversity visas.
 

Sm1smom

Super Moderator
Hi all,
My wife is a selectee of DV2020 (EU17***), and we currently consider proceeding with AOS. I have checked AOS spreadsheet and it mentions that a person is eligible if they:
- Are physically present in US at the time of confirming DV selection
- Were inspected when entered US
- Have never violated admitted status
- Are not out of status
However, I have concerns regarding the first condition.
1. I'm currently on STEM OPT extension, and my wife is currently on F2 visa. My wife doesn't live permanently in US, but rather visits several times a year, due to her studies in the home country.Is she still considered to be eligible for AOS or should we proceed with CP?
2. Moreover, my F1 visa has expired in Apr 2019 (I still have a valid STEM OPT status and EAD till Oct 2020), and my wife's F2 visa will possibly expire as well (it expires in Apr 2020) by the time our CN becomes current, based on previous 2 years. Does this fact make us ineligible for AOS?
Neither me nor my wife has never violated our status or been out of status.
Thank you!
With your wife living in your home country and visiting the US on a F2 Visa, she’s not eligible to process AOS. You on the other hand are AOS eligible.

Your options are to either process CP with your wife, or get your wife to process CP alone and you file AOS as FTJ after your wife enters the US as a LPR - I personally wouldn’t go with this section option.
 
With your wife living in your home country and visiting the US on a F2 Visa, she’s not eligible to process AOS. You on the other hand are AOS eligible.

Your options are to either process CP with your wife, or get your wife to process CP alone and you file AOS as FTJ after your wife enters the US as a LPR - I personally wouldn’t go with this section option.
Thank you for the prompt response!
 
With your wife living in your home country and visiting the US on a F2 Visa, she’s not eligible to process AOS. You on the other hand are AOS eligible.

Your options are to either process CP with your wife, or get your wife to process CP alone and you file AOS as FTJ after your wife enters the US as a LPR - I personally wouldn’t go with this section option.
I actually come up with a clarifying question.
Is there any recommendation on how long does a person has to live in the US to be considered eligible for AOS? E.g., I know Substantial Presence Test is used to define US residency for tax purposes. Does this test apply here as well, or other regulations are used?
 
I actually come up with a clarifying question.
Is there any recommendation on how long does a person has to live in the US to be considered eligible for AOS? E.g., I know Substantial Presence Test is used to define US residency for tax purposes. Does this test apply here as well, or other regulations are used?
I am not sure but I have heard from those people who have filed Adjustment of Status that you need to be physically present in the United States at least 3 months after your last entry.
 
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I am not sure but I have heard from those people who have filed Adjustment of Status that you need to be physically present in the United States at least 3 months after your last entry.
You should clock these 3 months before you submit DS260, or before your CN becomes current?
 

Sm1smom

Super Moderator
I actually come up with a clarifying question.
Is there any recommendation on how long does a person has to live in the US to be considered eligible for AOS? E.g., I know Substantial Presence Test is used to define US residency for tax purposes. Does this test apply here as well, or other regulations are used?
The issue is not as dry cut as the substantial presence test applicable for tax purposes. It is more likely of entering the US on a NIV with a preconceived immigrant intent of processing AOS. AOS is a privilege reserved for non-immigrants already residing in the US. Your wife is not residing in the US, she resides in your home country and visits you in the US. Using that F2 visa with the mind of AOS is considered a fraudulent abuse of the NIV. It’s not like she will disclose at the POE her plan of filing AOS right? Cause if she does, she will certainly be put on the next available flight back to her home country.

Plus your wife is the selectee, it’s not even like she’s coming in as your derivative. She’s the main selectee, she currently does not reside in the US, and she wants use her current NIV to enter the US process AOS - that’s a no, no!

But feel free to ignore my POV though and look for ways on how to make her eligible to process AOS.
 

Britsimon

Super Moderator
Nepal has the second-highest number of selectees in Asia. Iran has the highest number but due to the President Trump's Travel Ban only a few number of the Iranians can get their diversity visas.

I checked statistics for DV 2019 for Nepal and Iran. Iran has 4199 selectees while Nepal has 3633 selectees.

In 7 months within the start of the fiscal year (from October to April) only 5 diversity visas have been issued for the Iranians while during this period 1710 visas have been issued for people from Nepal. These 1710 visas are for 961 selectees out of 3633 and the remaining 749 visas are for their derivatives.
This shows that Napalese people have big families and therefore few number of selectees can consume the allocated visas. It is expected that with around 500 more selectees (500 case numbers) all of the 7% of visas of Nepal will be used up.
In other words, with only 1500 selectees (1500 case numbers) out of 3633 selectees all of Diversity Visas allocated to Nepal is used up. That's why DOS put a cap for Nepal while other Asian countries go current.

Each country can get up to 3500 diversity visas.
The 3633 selectee number includes derivatives (starting derivatives).
 

Giovanna

Active Member
Hello!
In order to apply for the AOS, because I am in the USA with a F1 VISA, i paid the 330$ fee. Now, what is the next step? When do I have to send the l 485 form? Or do I have to wait that my number will become current?
 

SusieQQQ

Well-Known Member
Hello!
In order to apply for the AOS, because I am in the USA with a F1 VISA, i paid the 330$ fee. Now, what is the next step? When do I have to send the l 485 form? Or do I have to wait that my number will become current?
That question is answered in the AOS spreadsheet, to which you have already been directed a few times on this thread in response to similar queries. The spreadsheet exists so that people (mom, specifically) do not have to give the same answer over and over to the same questions over and over.
 

Giovanna

Active Member
That question is answered in the AOS spreadsheet, to which you have already been directed a few times on this thread in response to similar queries. The spreadsheet exists so that people (mom, specifically) do not have to give the same answer over and over to the same questions over and over.
I can t find the spreadsheet
 
Hello,

I am from Nepal, my case number looks high which is 2020AS00009***, so with this high number, is there any chance of interview? if yes then which is faster either AOS or CP? Sorry, It can be an awkward question for you, I am asking because If there is less hope of interview then I have to go with OPT by the end this October. If there is a chance for an interview then I have to extend my course which I have to decide by the end of July. Based on the previous cases what do you suggest MOm?
 

Sm1smom

Super Moderator
Hello,

I am from Nepal, my case number looks high which is 2020AS00009***, so with this high number, is there any chance of interview? if yes then which is faster either AOS or CP? Sorry, It can be an awkward question for you, I am asking because If there is less hope of interview then I have to go with OPT by the end this October. If there is a chance for an interview then I have to extend my course which I have to decide by the end of July. Based on the previous cases what do you suggest MOm?
I’m sorry I can’t help you decide on what your next step re applying for OPT or extending your course should be. I don’t know enough about you or your circumstances, we currently don’t know the total number of selectees for 2020, plus I typically try to stay away from number crunching in general - so I can’t help you make an informed decision.

The AOS process spreadsheet has the pros and cons of both AOS and CP - I encourage you to take a look at them and make your own decision. You can also look at the historical trend thread in this forum to get an idea of when similar CNs to yours became current in the past. Also past timeline spreadsheets will give you an idea of when such similar CNs in your applicable FO completed the AOS process.
 
Dear Mom,
I read the spreadsheet. I found out documents are scanned at Chicago Lockbox and sent to the Field Office.
Do you think Policy Memorandum will be scanned and sent as well if we include it in our package?
 
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Hello,

I am from Nepal, my case number looks high which is 2020AS00009***, so with this high number, is there any chance of interview? if yes then which is faster either AOS or CP? Sorry, It can be an awkward question for you, I am asking because If there is less hope of interview then I have to go with OPT by the end this October. If there is a chance for an interview then I have to extend my course which I have to decide by the end of July. Based on the previous cases what do you suggest MOm?
The best and safest way you should take is to extend your student visa or apply for OPT well before you file any AOS application.
You may take a look at link below about impact of I-485 filing on student visa:
hooyou.com/news/news062307faq.html
 
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