DV 2021 AOS Only

[zagakhal]

Hello mom and other members,

I am very grateful for this forum and all the information you provide.

I have gone through all the spreadsheets but my case is a little bit different.

I am on F1 visa and I applied for asylum which is still pending. I was working on CPT and I applied for my initial STEM OPT which I am still waiting for. I was never out of status and I was now randomly selected for further processing for the DV lottery 2021. My CN is AF3XXXX.
My questions are:

1. Am I eligible for AOS and won't my pending asylum hurt the DV process?
2. If I apply for TPS EAD, would I be out of status hence not being able to proceed with AOS?

Many thanks again for your assistance.

 

[damo1089]

Hey Mom.

I have a friend that won. Just a quick one for you.

What happens if kids go out of status according to their i94, but the parents remain in status? Is there anything that ties the legal status of minor children to that of their parents?

 

[Sm1smom]

Hello mom and other members,

I am very grateful for this forum and all the information you provide.

I have gone through all the spreadsheets but my case is a little bit different.

I am on F1 visa and I applied for asylum which is still pending. I was working on CPT and I applied for my initial STEM OPT which I am still waiting for. I was never out of status and I was now randomly selected for further processing for the DV lottery 2021. My CN is AF3XXXX.
My questions are:

1. Am I eligible for AOS and won't my pending asylum hurt the DV process?
2. If I apply for TPS EAD, would I be out of status hence not being able to proceed with AOS?

Many thanks again for your assistance.

1. You’re eligible to file AOS as long as your F1 status remains valid as at the time of filing DV based AOS.
2. Don’t complicate things for yourself, maintain your F1 status.

 

[Sm1smom]

Hey Mom.

I have a friend that won. Just a quick one for you.

What happens if kids go out of status according to their i94, but the parents remain in status? Is there anything that ties the legal status of minor children to that of their parents?

Parents legal status does not automatically get passed down or assign to their kids. Your friend should exist and re-enter with the kids in order to reset their status and get a new I-94, the kids are minor, doing so will not be an issue. The parents don’t want to wait until after their interview only to find out the kids are not AOS eligible.

 

[damo1089]

Parents legal status does not automatically get passed down or assign to their kids. Your friend should exist and re-enter with the kids in order to reset their status and get a new I-94, the kids are minor, doing so will not be an issue. The parents don’t want to wait until after their interview only to find out the kids are not AOS eligible.

Thanks a lot, that's what I thought. Appreciate it.

 

[zagakhal]

1. You’re eligible to file AOS as long as your F1 status remains valid as at the time of filing DV based AOS.
2. Don’t complicate things for yourself, maintain your F1 status.

Thanks a lot for your response!
Do you think hiring a lawyer is necessary given my situation and based on your experience?
I have been reading on the forum that it is not necessary and having gone through the spreadsheets, it is very detailed and I think I can give it a shot and do it myself. Just want to hear your views on this given my specific case.

 

[Sm1smom]

Thanks a lot for your response!
Do you think hiring a lawyer is necessary given my situation and based on your experience?
I have been reading on the forum that it is not necessary and having gone through the spreadsheets, it is very detailed and I think I can give it a shot and do it myself. Just want to hear your views on this given my specific case.

Based on what you’ve described, I don’t see any complication with your situation - currently in F1 (valid status) with a pending asylum petition - as long as you continue to maintain your F1 status. Hire a lawyer if you feel a need to do so.

 

[zagakhal]

Based on what you’ve described, I don’t see any complication with your situation - currently in F1 (valid status) with a pending asylum petition - as long as you continue to maintain your F1 status. Hire a lawyer if you feel a need to do so.

Thank you!

 

[ausdoughnuts]

Does the diversity lottery bypass the wait-times listed on the USCIS site or once my number is called in say December will I then have to wait the amount of time listed? For example, the processing time for San Antonio is 6.5 to 20 months as shown on the USCIS processing times website.

Will I get in for an appointment immediately once my number is called or will I have to wait at least 6.5 months?

 

[Sm1smom]

Does the diversity lottery bypass the wait-times listed on the USCIS site or once my number is called in say December will I then have to wait the amount of time listed? For example, the processing time for San Antonio is 6.5 to 20 months as shown on the USCIS processing times website.

Will I get in for an appointment immediately once my number is called or will I have to wait at least 6.5 months?

DV based AOS cases are prioritized. They do not follow the typical USCIS processing timeline.

Take a look at the AOS process spreadsheet for further guidance on the step by step process.

One of the tabs (Timeline) on that referenced spreadsheet has a list of spreadsheet with reported timelines for DV based AOS cases over the past couple of years. You should check them out also.

 

[jewelmerit1995]

Hello everyone, there is a topic I would like to discuss and probably get help for:
1)I filed for my taxes (8843) but they are not an income-based tax. Since I did not have income, I do not have to file a Tax Return right? so instead of the tax return can I include copies of my 8843 form?
2)I was planning to go visit my family back home (I haven't seen my parents in 4 years now) but then when I heard about the 90 days rule, I didn't want to take the risk to apply in December (if I come back in the USA by mid-August). However, when I checked the history of all Visa bulletin it showed that in Africa the cut off number of 9xxx (which is my CN) always happened in December within the last 4 years, and November in the past 7 years prior to those 4 years. However, it never had a cut off cumber of 9000 in October. Is it safe to assume that it won't happen this year?
3) in terms of the 90 days rule, does it apply to AOS and DS260 or only AOS?

Thank you guys for taking the time to answer my question, this means a lot! I love how we're always going in this together like family!

If Mom, SusieQQQ, or anyone can answer my concerns I would really appreciate it guys ))

 

[Adam15]

In I-485 instructions i found the following:

Additional Evidence Requirements:
2. Evidence that any derivative applicants were originally included in the DV lottery entry (if applicable).

Can you help me understand where to get this evidence for my spouse and son?

 

[Sm1smom]

In I-485 instructions i found the following:

Additional Evidence Requirements:
2. Evidence that any derivative applicants were originally included in the DV lottery entry (if applicable).

Can you help me understand where to get this evidence for my spouse and son?

You can safely ignore that requirement. The only way you’ll have that evidence is if you kept a copy of your eDV registration, most selectees do not have it, it has never been an issue. Plus that information is already contained in your KCC file which will subsequently get sent to your FO.

 

[SusieQQQ]

If Mom, SusieQQQ, or anyone can answer my concerns I would really appreciate it guys ))

1. I don’t know what the 8843 is so I have no insight on that answer
2. I would never “safely” assume anything about DV numbers especially before the start of the fiscal year. No one can possibly have any idea at this stage what October numbers will be. KCC itself probably doesn’t even know because it will partly depend on response rate of DSs.
3. It is any indication of immigrant intent, so either filing DS260 or applying for AOS would fall under that.

 

[Sm1smom]

If Mom, SusieQQQ, or anyone can answer my concerns I would really appreciate it guys ))

If you haven’t already noticed, I stopped answering your questions a while back because of the disrespectful way in which you’ve treated the information/guidance available in this forum. Wondering what I’m talking about? This:

Because they told me they are not very experienced with DV as they said it doesn't really require a lawyer. So I'm actually using this forum as my primary source and double-checking with them.

After admitting your lawyer, (whom you’re willing to pay), and your close friend (a highly experienced immigration lawyer) are not experienced with DV based cases, you plan on using them to double-checking whatever guidance you get here. I took that as a direct insult just so you know. That is just so wrong IMO. I doubt you would have adopted such an attitude if you were paying for the guidance here.

 

[jewelmerit1995]

1. I don’t know what the 8843 is so I have no insight on that answer
2. I would never “safely” assume anything about DV numbers especially before the start of the fiscal year. No one can possibly have any idea at this stage what October numbers will be. KCC itself probably doesn’t even know because it will partly depend on response rate of DSs.
3. It is any indication of immigrant intent, so either filing DS260 or applying for AOS would fall under that.

Copy that, thank you for your answer Susie )

 

[jewelmerit1995]

If you haven’t already noticed, I stopped answering your questions a while back because of the disrespectful way in which you’ve treated the information/guidance available in this forum. Wondering what I’m talking about? This:



After admitting your lawyer, (whom you’re willing to pay), and your close friend (a highly experienced immigration lawyer) are not experienced with DV based cases, you plan on using them to double-checking whatever guidance you get here. I took that as a direct insult just so you know. That is just so wrong IMO. I doubt you would have adopted such an attitude if you were paying for the guidance here.

Hey mom, I hope you are well. You got actually misunderstood my intentions. I apologize for the misunderstanding and allow me to explain what I meant by that: By no means I had the intention of insulting this forum. This forum literally is a life saver, it has everything that I need (timelines, documents. abbreviations, etc..) plus in this thread, there is a lot of highly experienced individuals like you guys who provide help on the spot. So I'm sooooo grateful for falling into this platform and never did I question the information given because I know they are 100% accurate and that's the reason why I decided not to pay for a lawyer in the first place. However, we all have different situations and I might have to include some special documents along with my AOS package depending on my special circumstance (like additional supporting documents). By double-checking, I didn't mean that I will ask a lawyer about the accuracy of what's presented in the spreadsheet. Rather, I will ask him to see if I missed anything (on my I-485 for exp because I don't think you guys have time to check my forms) and if there is any supporting document (or form) I have to include aside from what's on the spreadsheet. And even then, I will still ask you guys about the new form that the lawyer asked me to fill to check if it's right because I saw on the spreadsheet how some packages got rejected due to submission of the wrong form.

So all in all, I have 100% trust in this platform, I only am going to ask a lawyer (if needed) to check on my forums and if there is any extra thing I have to do that's not mentioned on the spreadsheet based on my situation, AND I will ask you guys if I should go with that. That's how much I trust the spreadsheet, this platform and you guys in general. I apologize again for the misunderstanding.

 

[Sm1smom]

Hey mom, I hope you are well. You got actually misunderstood my intentions. I apologize for the misunderstanding and allow me to explain what I meant by that: By no means I had the intention of insulting this forum. This forum literally is a life saver, it has everything that I need (timelines, documents. abbreviations, etc..) plus in this thread, there is a lot of highly experienced individuals like you guys who provide help on the spot. So I'm sooooo grateful for falling into this platform and never did I question the information given because I know they are 100% accurate and that's the reason why I decided not to pay for a lawyer in the first place. However, we all have different situations and I might have to include some special documents along with my AOS package depending on my special circumstance (like additional supporting documents). By double-checking, I didn't mean that I will ask a lawyer about the accuracy of what's presented in the spreadsheet. Rather, I will ask him to see if I missed anything (on my I-485 for exp because I don't think you guys have time to check my forms) and if there is any supporting document (or form) I have to include aside from what's on the spreadsheet. And even then, I will still ask you guys about the new form that the lawyer asked me to fill to check if it's right because I saw on the spreadsheet how some packages got rejected due to submission of the wrong form.

So all in all, I have 100% trust in this platform, I only am going to ask a lawyer (if needed) to check on my forums and if there is any extra thing I have to do that's not mentioned on the spreadsheet based on my situation, AND I will ask you guys if I should go with that. That's how much I trust the spreadsheet, this platform and you guys in general. I apologize again for the misunderstanding.

Alright. No worries. Now that we’ve cleared the air, I will go back and answer your questions.

 

[zagakhal]

Based on what you’ve described, I don’t see any complication with your situation - currently in F1 (valid status) with a pending asylum petition - as long as you continue to maintain your F1 status. Hire a lawyer if you feel a need to do so.

Hello mom,
One more question if you allow. Is applying for the asylum EAD without applying for TPS not a good idea too?
Many thanks

 

[Sm1smom]

Hello everyone, there is a topic I would like to discuss and probably get help for:
1)I filed for my taxes (8843) but they are not an income-based tax. Since I did not have income, I do not have to file a Tax Return right? so instead of the tax return can I include copies of my 8843 form?
2)I was planning to go visit my family back home (I haven't seen my parents in 4 years now) but then when I heard about the 90 days rule, I didn't want to take the risk to apply in December (if I come back in the USA by mid-August). However, when I checked the history of all Visa bulletin it showed that in Africa the cut off number of 9xxx (which is my CN) always happened in December within the last 4 years, and November in the past 7 years prior to those 4 years. However, it never had a cut off cumber of 9000 in October. Is it safe to assume that it won't happen this year?
3) in terms of the 90 days rule, does it apply to AOS and DS260 or only AOS?

Thank you guys for taking the time to answer my question, this means a lot! I love how we're always going in this together like family!

1. No, the 8834 does not serve the same purpose an IRS tax return does for immigration purpose. The tax return is one of the documents used in not only determine if taxes are being filed but to also show earned income and to help in overcoming public charge. Form 8834 is basically an exemption form, provided no help to immigration filing.

2. Your CN is low enough (assuming you’re not chargeable to Egypt), likely to become current in the first 3 to 4 months of the FY. My recommendation will be to suspend your trip until after your GC approval which will be sometime in 2021. My take is you’ve already waited for 4 years to see your family, a few more months of waiting wouldn’t hurt. Plus I recall reading in one of your previous posts, your current visa stamp is expired or close to expiring, which means if you travel now, you’ll need a new visa stamp. There’s no guarantee the embassy will issue you with a new F1 visa, especially with your current DV selection, you don’t want to take unnecessary risks and find yourself stuck outside the US.

3. Immigrant intent is considered demonstrated by the submission of either the DS260 or AOS form.