DV 2021 ALL SELECTEES

[Sm1smom]

I did not say they encouraged anyone to do so; what I read was that the embassy will think that as it is the most logical route and that they should wait to see what was going to happen with the ban and, if extended, get the F1 and then decide.

When you wrote, “they needed to travel before October so they told them that they could AOS once their number became current”, that pretty much comes across as encouraging someone to engage in a fraudulent immigration attempt. Anyway, I guess you wrongly worded the discussion on that thread.

 

[Sm1smom]

If it’s the thread I’m thinking of, the person was going to apply for a student visa and was being warned of a strong chance of denial due to suspicion he would AOS from his student visa (academic year begins before the fiscal year will).

Yeah, I saw that thread too.

 

[DV21M]

When you wrote, “they needed to travel before October so they told them that they could AOS once their number became current”, that pretty much comes across as encouraging someone to engage in a fraudulent immigration attempt. Anyway, I guess you wrongly worded the discussion on that thread.

"Given the school could start (or not) in August and they can’t start issuing DV visas before October 1, F1 would be common sense. You’d then have to watch your DV number and go AOS route." That was one of the answers. I just went back to take a look.
That being said, I did not mean to imply that, I did not even remember that question.
They could go AOS after 90 days I think. I read the USCIS link you posted and it is not listed under the eligibility criteria

 

[F1April20]

Sorry for the long reply, I want to address what's being said.

If it’s the thread I’m thinking of, the person was going to apply for a student visa was being warned of a strong chance of denial due to suspicion he would AOS from his student visa (academic year begins before the fiscal year will).

It was my post and I remember you commenting on it, Susie (thank you for your help).

When you wrote, “they needed to travel before October so they told them that they could AOS once their number became current”, that pretty much comes across as encouraging someone to engage in a fraudulent immigration attempt. Anyway, I guess you wrongly worded the discussion on that thread.

I actually needed to travel the first week of August, it is not happening now because I can't get my F1 until embassies open so it will have to be January. What I understood was that, since I could not wait until the fiscal year began, I could travel and then decide. We all know a lot of things can change and you can go without the intention and then that can change (we see that all the time with J1s that get married for example). I did not take it as encouraging me to engage in a fraudulent immigration attempt.

Seems to be the same one. Yes. I have been keeping an eye on it to see if they updated, now the ban is in place seems F1 is the only way to begin the academic year

I have not been able to log into my account. I tried to change my password and the confirmation email never arrived. Anyways, I have decided to give up my 2021 DV and just do the F1. I have gotten a much better opportunity than I even had initially and I can't just let it go.

"Given the school could start (or not) in August and they can’t start issuing DV visas before October 1, F1 would be common sense. You’d then have to watch your DV number and go AOS route." That was one of the answers. I just went back to take a look.
That being said, I did not mean to imply that, I did not even remember that question.
They could go AOS after 90 days I think. I read the USCIS link you posted and it is not listed under the eligibility criteria

Yes, I was told that I COULD potentially fill for an AOS as long as 90 had passed since I entered the country. It is, however, not my intention. I just DO NOT want to jeopardize my studies. They are the only sure thing I got now and I got that opportunity on my own and as an individual (not in a lottery, I mean). The only way I would have done the DV would have been through the embassy.

As to what will happen with my DV selection?: I am currently trying to figure out if I can officially give it up or if I only have to NOT fill the DS260 and NOT move ahead with the process. I have not find that out yet.
For the interview and overcoming the immigrant intent assumption: I will have to take the risk. The truth is that I have not filled the DS260 so I do not have immigrant intent. I applied for the DV a year ago when my circumstances were A LOT different than they are now, now my studies take preference (back then I did not even think I could get into the college I wanted, let alone with a scholarship).

 

[Sm1smom]

"Given the school could start (or not) in August and they can’t start issuing DV visas before October 1, F1 would be common sense. You’d then have to watch your DV number and go AOS route." That was one of the answers. I just went back to take a look.
That being said, I did not mean to imply that, I did not even remember that question.
They could go AOS after 90 days I think. I read the USCIS link you posted and it is not listed under the eligibility criteria

Yeah, you read the link and the requirement to be residing in the US at the time of selection is not listed under eligibility criteria, same way having a preconceived intent of filing AOS prior to being admitted isn’t also listed as making one ineligible right? So why the need for the 90 days wait?

FYI: a DV based AOS case was denied on the basis of the selectee not being in the US as at the time of finding out about their DV selection.

 

[Nanamizuki]

G-325 form does NOT need for AOS. right?

 

[DV21M]

Yeah, you read the link and the requirement to be residing in the US at the time of selection is not listed under eligibility criteria, same way having a preconceived intent of filing AOS prior to being admitted isn’t also listed as making one ineligible right? So why the need for the 90 days wait?

FYI: a DV based AOS case was denied on the basis of the selectee not being in the US as at the time of finding out about their DV selection.

I understand that, I was just confused because of that case and the 90 days rule. This is all confusing. That case you talk about, is in this group? Because I also know someone that studied in the US, met their boyfriend and then went home for a vacation, went back to the US again under their F1 during the internship year (same visa) and got married and filed AOS, wouldn't that be considered the same thing? Entering the country on a NIV and adjusting status?
(It is a real question, I am not criticising your answer I am legitimately asking you because I am confused)

 

[SusieQQQ]

I understand that, I was just confused because of that case and the 90 days rule. This is all confusing. That case you talk about, is in this group? Because I also know someone that studied in the US, met their boyfriend and then went home for a vacation, went back to the US again under their F1 during the internship year (same visa) and got married and filed AOS, wouldn't that be considered the same thing? Entering the country on a NIV and adjusting status?
(It is a real question, I am not criticising your answer I am legitimately asking you because I am confused)

1. marriage based AOS does not have a prerequisite of where you are when you decide to get married, akin to the DV rule!
2. If the marriage was to a US citizen, you need to understand that they are exempt from certain requirements other AOS applicants need to meet
3. Again, there is a difference between intending to adjust and not. There have been cases reported where AOS has been denied due to misrepresentation made either at visa interview or at entry about what the intent of entry is. Yes, people do enter with intent and some aos, but some get caught out too. A denial is easy enough to fix if your spouse is a USC. It’s not fixable if DV is the basis for your adjustment.

I’m also actually curious as to what hypothetical visa you would enter on and then adjust? Some are dual intent visas (mostly currently banned from new issuance) but those don’t just tend to be issued whenever you want them.

 

[DV21M]

1. marriage based AOS does not have a prerequisite of where you are when you decide to get married, akin to the DV rule!
2. If the marriage was to a US citizen, you need to understand that they are exempt from certain requirements other AOS applicants need to meet
3. Again, there is a difference between intending to adjust and not. There have been cases reported where AOS has been denied due to misrepresentation made either at visa interview or at entry about what the intent of entry is. Yes, people do enter with intent and some aos, but some get caught out too. A denial is easy enough to fix if your spouse is a USC. It’s not fixable if DV is the basis for your adjustment.

I’m also actually curious as to what hypothetical visa you would enter on and then adjust? Some are dual intent visas (mostly currently banned from new issuance) but those don’t just tend to be issued whenever you want them.

I am not asking for any hypothetical visa, I do not have anything other than the DV selection (and that is not even happening for now, although I harbour hope for 2021). I am asking because I did not understand; because of the ban I am trying to find more information and educate myself on this issue (legal immigration) as much as I can so I know what I am talking about when discussing this issue with other people, which these days is happening a lot and I want to be informed to follow what is happening.

So if you are out of the country when you get selected, you CANNOT AOS at all? No exceptions? I am sorry, I swear I am not being obtuse on purpose, I really do find it extremely complicated. Like you can not be present at the time of learning you have been selected, enter the country not wanting to and then change your mind. For example this person that is going to study, what if they offer them the job of their lives or if they realise they will have a better future there or fall in love and decide to change their minds and adjust status through DV?

 

[SusieQQQ]

I am not asking for any hypothetical visa, I do not have anything other than the DV selection (and that is not even happening for now, although I harbour hope for 2021). I am asking because I did not understand; because of the ban I am trying to find more information and educate myself on this issue (legal immigration) as much as I can so I know what I am talking about when discussing this issue with other people, which these days is happening a lot and I want to be informed to follow what is happening.

So if you are out of the country when you get selected, you CANNOT AOS at all? No exceptions? I am sorry, I swear I am not being obtuse on purpose, I really do find it extremely complicated. Like you can not be present at the time of learning you have been selected, enter the country not wanting to and then change your mind. For example this person that is going to study, what if they offer them the job of their lives or if they realise they will have a better future there or fall in love and decide to change their minds and adjust status through DV?

About your last sentence that was the point I was making. There is no “precondition“ like there is in DV for other categories. But at the time of getting a student visa, the CO can and usually does ask to see proof that you will return home after finishing your studies, because you cannot have preconceived intent to stay and be eligible for a non immigrant visa.

And yes, AOS can certainly be complicated, especially when it is not as the immediate relative of a usc where things that can get you disqualified otherwise are exempt. We have a number of posters here every year who find out they are not eligible for AOS despite being here when selection was announced, because of things like going out of status through unauthorized work, etc.

 

[DV21M]

About your last sentence that was the point I was making. There is no “precondition“ like there is in DV for other categories. But at the time of getting a student visa, the CO can and usually does ask to see proof that you will return home after finishing your studies, because you cannot have preconceived intent to stay and be eligible for a non immigrant visa.

And yes, AOS can certainly be complicated, especially when it is not as the immediate relative of a usc where things that can get you disqualified otherwise are exempt. We have a number of posters here every year who find out they are not eligible for AOS despite being here when selection was announced, because of things like going out of status through unauthorized work, etc.

That is what is completely throwing me off. So 100% no AOS if you aren't in the US when the results come out, right? I see a lot of people making that point when discussing the new ban on Reddit or Twitter as one of the ban's "loopholes", so it is getting really messy.

If you are a student, I cannot see how you will prove you intend to return though, it is not like you can buy a return ticket so many years in advance.
I know this is not particularly DV related although it somewhat is ban related, so thank you for solving my doubts anyway.

 

[F1April20]

About your last sentence that was the point I was making. There is no “precondition“ like there is in DV for other categories. But at the time of getting a student visa, the CO can and usually does ask to see proof that you will return home after finishing your studies, because you cannot have preconceived intent to stay and be eligible for a non immigrant visa.

And yes, AOS can certainly be complicated, especially when it is not as the immediate relative of a usc where things that can get you disqualified otherwise are exempt. We have a number of posters here every year who find out they are not eligible for AOS despite being here when selection was announced, because of things like going out of status through unauthorized work, etc.

Hello Susie, let me piggyback on your response since you mentioned the CO asks for proof I do not have preconceived intent: can I officially give the DV selection up so it does not causes any trouble at the embassy for my F1 interview? How else could I prove I do not have immigrant status? I cannot put my college in danger and I cannot defer without losing the scholarships

 

[SusieQQQ]

It’s not even a loophole because the chances of getting a visa now to try AOS from is so low. The only visa someome might already have is a tourist visa, but good luck if you think booking a return ticket you don’t plan to use is going to stop cbp figuring out your plan when you can’t show a job to go back to or explain why you just happen to be traveling with your birth and marriage certificates, high school diploma etc. The other visas are not get-on-demand, fall into your lap type visas and if people have F, H, L, O etc visas they will usually already be in the US.

 

[SusieQQQ]

Hello Susie, let me piggyback on your response since you mentioned the CO asks for proof I do not have preconceived intent: can I officially give the DV selection up so it does not causes any trouble at the embassy for my F1 interview? How else could I prove I do not have immigrant status? I cannot put my college in danger and I cannot defer without losing the scholarships

I don’t know if there is a formal way to do it. If the CO brings up your selection, as I expect he or she will, I guess all you can do is explain as you explained here how your circumstances have changed and that the scholarship/degree is more important for your future. It’s a good thing you didn’t submit DS260, at least.

 

[F1April20]

I don’t know if there is a formal way to do it. If the CO brings up your selection, as I expect he or she will, I guess all you can do is explain as you explained here how your circumstances have changed and that the scholarship/degree is more important for your future. It’s a good thing you didn’t submit DS260, at least.

Actually, I even submitted my DS160 two days ago (which shows I am ONLY focused on my F1) and two days ago my school extended my scholarship. Here in my country I am not even going to close my bank account or phone line. Wish me luck!! And, yet again and for the millionth time, thank you for everything.

 

[SusieQQQ]

Actually, I even submitted my DS160 two days ago (which shows I am ONLY focused on my F1) and two days ago my school extended my scholarship. Here in my country I am not even going to close my bank account or phone line. Wish me luck!! And, yet again and for the millionth time, thank you for everything.

Good luck! (Having myself once been in the position of admittance to dream school but no money to go - I can totally understand how important this is to you.)

 

[88lucky21]

Hey guys, I'm on the question "Were you issued an Alien Registration Number by the Department of Homeland Security?".

I was previously on an E3 visa, but can't find this number anywhere. Wondering if anyone knows if people who on E3 visas get issued an Alien Registration Number and if so, where to find it?

Also how detrimental to my application would this be if I got this answer wrong?

Thanks

 

[Masda]

Hello again. My first email when I applied to green card this year was Yahoo. I have changed my email since then and wrote my new Gmail to DS260. I want to know wether KCC will send document request to my old email or new one ?

 

[Sm1smom]

Hey guys, I'm on the question "Were you issued an Alien Registration Number by the Department of Homeland Security?".

I was previously on an E3 visa, but can't find this number anywhere. Wondering if anyone knows if people who on E3 visas get issued an Alien Registration Number and if so, where to find it?

Also how detrimental to my application would this be if I got this answer wrong?

Thanks

You were not issued with an A#.

 

[Sm1smom]

Hello again. My first email when I applied to green card this year was Yahoo. I have changed my email since then and wrote my new Gmail to DS260. I want to know wether KCC will send document request to my old email or new one ?

KCC will use the email address on the DS260.