DV 2021 AOS Only

[Sm1smom]

Hi everyone,

I'm going thru the AOS Process spreadsheet and in the eligibility criteria I see:

"You are physically present in the US as at the time of confirming your DV selection"

A couple of questions here:

1) Where is the requirement coming from? I don't see it on uscis website.
2) Does it mean if I'm currently on L1 visa and been outside of the country at the time of DV selection I could not go AOS?

Thanks

1. "Diversity Visa Winners Legally Residing In the United States: Apply Through USCIS
There are, however, a small number of lottery winners each year who, at the time of “winning the lottery,” are residing in the United States in a nonimmigrant or other legal status. For these winners residing inside the United States, USCIS processes adjustment of status applications."
GC Through The Diversity Immigrant Program

Above is a direct quote (actual language used on USCIS's website) - we've had a couple of cases (not a lot) in the past (like Susie already stated above) where some IOs interpreted "at the time of “winning the lottery,” are residing in the United States in a nonimmigrant or other legal status" as being physically present in the US denied the AOS application on the basis of the applicant not being physically present in the US when they found out about their DV selection.

2. Were you already residing in the US prior to your DV selection and you just happened to have been outside the country as at the time of your DV selection or you entered the US after your DV selection? Regardless of the answer in your specific case though, the good news is the fact that L1 is a dual intent visa, so you most likely will be okay filing AOS in this case.

 

[maluk]

Thank you so much for the answers. Helps a lot.

2. Were you already residing in the US prior to your DV selection and you just happened to have been outside the country as at the time of your DV selection or you entered the US after your DV selection? Regardless of the answer in your specific case though, the good news is the fact that L1 is a dual intent visa, so you most likely will be okay filing AOS in this case.

For the question, I did reside in the US for about a year before selection, just happened to be outside (visiting a home country) for ~2 months.

 

[Sm1smom]

Thank you so much for the answers. Helps a lot.

For the question, I did reside in the US for about a year before selection, just happened to be outside (visiting a home country) for ~2 months.

You should be okay.

 

[Xenobia]

Hello, it’s been a while since I last checked out the tread. I am planning to read all pages and I don’t want to be rude but I have a very quick question.
I am emailing my DS260 unlock request to KCCDV@state.gov. Right?

Thanks

 

[Sm1smom]

Hello, it’s been a while since I last checked out the tread. I am planning to read all pages and I don’t want to be rude but I have a very quick question.
I am emailing my DS260 unlock request to KCCDV@state.gov. Right?

Thanks

Yeah, that probably is the correct address. However, I suggest you cross-check your 1NL to confirm what is listed as the address for contacting KCC.

 

[DV21M]

Hi everyone,

I'm going thru the AOS Process spreadsheet and in the eligibility criteria I see:

"You are physically present in the US as at the time of confirming your DV selection"

A couple of questions here:

1) Where is the requirement coming from? I don't see it on uscis website.
2) Does it mean if I'm currently on L1 visa and been outside of the country at the time of DV selection I could not go AOS?

Thanks

We are on the same boat! But I wasn't in the US before, I had already been accepted in college though. I have hopes I can still go through the embassy but if they don't lift the regional bans, it's a lost battle.
Do you have any idea if there is anything we can proactively do to help the situation?

 

[Xenobia]

Yeah, that probably is the correct address. However, I suggest you cross-check your 1NL to confirm what is listed as the address for contacting KCC.

That's what 1NL says. Unfortunately, I am getting a weird message from KCC saying this email address is for case-spesific DV inquires only. This is a case spesific inq. I am freaking out!

 

[Xenobia]

That's what 1NL says. Unfortunately, I am getting a weird message from KCC saying this email address is for case-spesific DV inquires only. This is a case spesific inq. I am freaking out!

I’m currently on F1 visa, my daughter has F2 and she is with me but my husband is on B2 and he is not in the US. If my CN EU26XXX ever becomes current, I am planning to apply for AOS.
While I was filling out DS-260s, I was thinking ‘My husband can join us before the AOS application and we can do it altogether’. Therefore, I picked AOS option for all of us. I am guessing he can’t do AOS with B2 visa. He can’t even come to the US with immigration intention on B2 visa. Right?
Because of this you recommended FTJ for my husband. I haven’t change the DS-260s yet, because of the slow progressing VB numbers, I was a little disappointed. Now, my husband wants to come here to visit us. I think I have to change his application from AOs to CP. Otherwise, he will have some difficulties at admission. Am I interpreting the process correct?
And now, I cannot change DS-260 because of that weird message. I am really freaking out!

 

[Sm1smom]

That's what 1NL says. Unfortunately, I am getting a weird message from KCC saying this email address is for case-spesific DV inquires only. This is a case spesific inq. I am freaking out!

Did you follow the instructions on the 1NL regarding the case details you need to include when contacting KCC as listed? Are you sure the response you’re referring to isn’t the typical auto response and not an actual response to your email request/inquiry?

 

[Sm1smom]

I’m currently on F1 visa, my daughter has F2 and she is with me but my husband is on B2 and he is not in the US. If my CN EU26XXX ever becomes current, I am planning to apply for AOS.
While I was filling out DS-260s, I was thinking ‘My husband can join us before the AOS application and we can do it altogether’. Therefore, I picked AOS option for all of us. I am guessing he can’t do AOS with B2 visa. He can’t even come to the US with immigration intention on B2 visa. Right?
Because of this you recommended FTJ for my husband. I haven’t change the DS-260s yet, because of the slow progressing VB numbers, I was a little disappointed. Now, my husband wants to come here to visit us. I think I have to change his application from AOs to CP. Otherwise, he will have some difficulties at admission. Am I interpreting the process correct?
And now, I cannot change DS-260 because of that weird message. I am really freaking out!

Your husband’s admission to the US and his IV processing option are two unrelated issues. Having the CP selected on his DS260 does not guarantee his admission to the US.

 

[Sm1smom]

We are on the same boat! But I wasn't in the US before, I had already been accepted in college though. I have hopes I can still go through the embassy but if they don't lift the regional bans, it's a lost battle.
Do you have any idea if there is anything we can proactively do to help the situation?

You’re actually not in the same boat as the OP whose post you’ve responded to. He/she was already residing in the US prior to the DV selection, they were simply out of the country as at the time the DV results were released. That wasn’t your situation.

Secondly, OP is on a dual intent visa which allows for a preconceived immigrant intent (even if the OP wasn’t residing in the US and for their IV after the DV selection like you did). Your F1 is not a dual intent visa.

 

[Xenobia]

Did you follow the instructions on the 1NL regarding the case details you need to include when contacting KCC as listed? Are you sure the response you’re referring to isn’t the typical auto response and not an actual response to your email request/inquiry?

As they requested, I added my CN, first and last name and birthdate. What else should I do?

 

[Xenobia]

Your husband’s admission to the US and his IV processing option are two unrelated issues. Having the CP selected on his DS260 does not guarantee his admission to the US.

I agree with you, there is no guarantee anytime but I am thinking a possible AOS application will make things harder for him.

 

[Sm1smom]

As they requested, I added my CN, first and last name and birthdate. What else should I do?

The instructions are all in your 1NL.

How long after you emailed them did you get the response you’re referring to? What did you request in your email?

 

[SusieQQQ]

As they requested, I added my CN, first and last name and birthdate. What else should I do?

A common mistake is to not put the birth date in America convention, also are you sure it is not just an autoreply - how long after you sent the email did you get the response?

 

[Xenobia]

Another question: I have BS in my home country, masters and PhD in the US. I really don't understand why I need HS diploma. Especially it is almost impossible to get your HS diploma if you are continuing to a higher education inst. in my country. The schools do the transfer between them.
I am even thinking of submitting a document showing my work experience instead of diploma. I worked for more than 15 years for government (FDIC of my country). Will a letter from a governmental organization satisfy documentation requirement for work experience?
thanks

 

[Xenobia]

A common mistake is to not put the birth date in America convention, also are you sure it is not just an autoreply - how long after you sent the email did you get the response?

it was an auto reply

 

[DV21M]

You’re actually not in the same boat as the OP whose post you’ve responded to. He/she was already residing in the US prior to the DV selection, they were simply out of the country as at the time the DV results were released. That wasn’t your situation.

Secondly, OP is on a dual intent visa which allows for a preconceived immigrant intent (even if the OP wasn’t residing in the US and for their IV after the DV selection like you did). Your F1 is not a dual intent visa.

I read the residing thing later. Hopefully it'll be okay either way for both of us because I am also running out of options

 

[Xenobia]

The instructions are all in your 1NL.

How long after you emailed them did you get the response you’re referring to? What did you request in your email?

It was an autoreply. It was an unlock request for DS260 so that I can change my interview location

 

[Xenobia]

It was an autoreply. It was an unlock request for DS260 so that I can change my interview location

Oh, I just realized something. I asked something to KCC in August. First I received this auto reply and after 2 days I received the real response. Maybe same thing will happen. Is this KCC style?