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DV 2021 AOS Only

zagakhal said:
I am sorry to not have linked the reference. And thank you for your response.
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forums.immigration.com/threads/foreign-state-of-chargeability.331507/
I was referring to questions under this post. Some replied that if the two countries are in the same region, the mistake can be overlooked. Thanks
 
zagakhal said:
forums.immigration.com/threads/foreign-state-of-chargeability.331507/
I was referring to questions under this post. Some replied that if the two countries are in the same region, the mistake can be overlooked. Thanks
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This is precisely why I previously said I couldn’t response without seeing the actual post/thread. The clause re errors in choice of chargeability country has been removed from 9FAM. The post you referenced has a linked, and if you had gone through the link Simon posted there, you’ll have seen that option is no longer available. That section 3 is now listed as “unavailable”.

I will link to it here also for reference:
9FAM Diversity Visa Processing
 
tarmek said:
Hello and congrats everyone who was chosen for 2021 DV green card. @Sm1smom, thank you very much for your hard work here and AOS spreadsheet.
After 5 unsuccessful attempts I finally won, my CN is 2021EU00011XXX, I assume it’s not a high number and may potentially make a visa available in March 2021 regarding the last year data. I got few questions if you could give your opinion:
1. I understand correctly no need to apply for police reports if I do AOS in US.

2. My two children are both born in US and they got the US citizenship, I included them in the initial DV application. But since only my wife and I need AOS I don’t need to apply anything for my children ?
3. I can’t find my high school diploma, can I just submit my Master Degree diploma instead ? Will this be an issue ? Or I need to restore my high school diploma ASAP?

4. I’m on pending asylum status and due to “slow lawyer” and honest mistake submitted my application 2 weeks after my visa expired, and technically was without status for about 5 weeks till I got the notice of acceptance from Immigration. Can this 2 - 5 weeks overstay (Not sure how they count it ) make me inadmissible or put me to AP during AOS application ?

Sorry for the number of questions but I be super grateful if you could briefly answer. Thank you very much and good luck to everyone with the applications
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1. PCC is not required for AOS.
2. Correct.
3. Getting the Diploma is recommended.
4. This unfortunately means you’re not AOS eligible. AOS eligibility requires not being out of status for any reason. Even if your asylum was filed and accepted before your authorized stay expired, you still wouldn’t be eligible to process DV based AOS because you currently have no status to adjust from. Asylum pending is not a status one can adjust from, plus you already fell out of status before your asylum claim was filed.
 
tarmek said:
Thank you very much for your reply ! Appreciated ! So there is only one option then is to apply through the KCC ? What are your thoughts on that few weeks overstay ? will it make me inadmissible or put me into AP ?
Thank you !
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I don’t know. In general, overstay isn’t what leads to AP, it has to do with clearing the background check.
 
hello, everyone my case number is 15xxx . I'm in US with F1 visa. I have questions with my situation. I have SSN that i got from j1 visa 7 years ago and i use it for work in restaurant since Jan 2020 (i don't have OPT).
1. Am i still eligible ? do i need to use to a lawyer for my situation ?
2. If i am still eligible, Can i still work or i should stop ?
3. Do i need to put SSN information in DS260 ? ( i didn't put the information when i applied F1 visa)

Thank you so much
 
Alice486 said:
hello, everyone my case number is 15xxx . I'm in US with F1 visa. I have questions with my situation. I have SSN that i got from j1 visa 7 years ago and i use it for work in restaurant since Jan 2020 (i don't have OPT).
1. Am i still eligible ? do i need to use to a lawyer for my situation ?
2. If i am still eligible, Can i still work or i should stop ?
3. Do i need to put SSN information in DS260 ? ( i didn't put the information when i applied F1 visa)

Thank you so much
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The unauthorized work makes you ineligible to apply for a DV based AOS.
 
Alice486 said:
hello, everyone my case number is 15xxx . I'm in US with F1 visa. I have questions with my situation. I have SSN that i got from j1 visa 7 years ago and i use it for work in restaurant since Jan 2020 (i don't have OPT).
1. Am i still eligible ? do i need to use to a lawyer for my situation ?
2. If i am still eligible, Can i still work or i should stop ?
3. Do i need to put SSN information in DS260 ? ( i didn't put the information when i applied F1 visa)

Thank you so much
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1. Sounds like your work is not allowed under F1 so you have violated your status and are not eligible to process AOS. Lawyer can’t change the law. You will need to do CP.
2. N/a, but you should stop violating your status anyway.
3. If the DS260 asks if you have ever been issued a ssn then yes you have to answer truthfully.

Note that separarely from this there have been a number of instances (reported on another forum I’m on) where people who have worked in violation of their F1 status, exactly in this kind of job, have been refused re-entry on their F1s and in some cases have been handed a 5-year bar to the US. There is currently just about zero tolerance if you are discovered breaking visa rules. The longer you do it, the more you risk your status. Violation of status is not generally a problem for consular processing as such, but if you are discovered in the interim and handed a bar on entry then that cannot be overcome for DV.
 
Hi Sm1smom, Simon and other helpful folks!

First of all thank you for this wonderful service you have been doing through this forum and the blog. I am currently a F-1 student who won from Asia region. I was married (on this year January) and my spouse lives in my home country. I have two questions regarding the AOS process.
1. If I use AOS and my spouse use CP, is there a chance that I will succeed and she will be rejected/not get a chance of being interviewed? (I understand that it does not matter stating about the case numbers at this time but my case number is on the higher side. I believe AOS take time more than CP and if I am getting any chance, according to my guess it will be during next year June-August)
2. Could I process alone without applying for my spouse (not to complicate the situation) or is it mandatory to apply for my spouse too.
 
hap3158 said:
Hi Sm1smom, Simon and other helpful folks!

First of all thank you for this wonderful service you have been doing through this forum and the blog. I am currently a F-1 student who won from Asia region. I was married (on this year January) and my spouse lives in my home country. I have two questions regarding the AOS process.
1. If I use AOS and my spouse use CP, is there a chance that I will succeed and she will be rejected/not get a chance of being interviewed? (I understand that it does not matter stating about the case numbers at this time but my case number is on the higher side. I believe AOS take time more than CP and if I am getting any chance, according to my guess it will be during next year June-August)
2. Could I process alone without applying for my spouse (not to complicate the situation) or is it mandatory to apply for my spouse too.
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It’s not mandatory to apply for your spouse, but it doesn’t make sense to leave her off imo. If she manages to finish in time (the process is called follow to join) it will be much faster, easier and cheaper than sponsoring her later as spouse of a green card holder (F2A). Adding her to your case will have no impact on how fast your AOS is processed or complicate anything, other than adding a step to your process after you are approved. If it does happen that she is unable to complete in time, then you can do plan B of sponsoring her under F2A.
.
 
SusieQQQ said:
It’s not mandatory to apply for your spouse, but it doesn’t make sense to leave her off imo. If she manages to finish in time (the process is called follow to join) it will be much faster, easier and cheaper than sponsoring her later as spouse of a green card holder (F2A). Adding her to your case will have no impact on how fast your AOS is processed or complicate anything, other than adding a step to your process after you are approved. If it does happen that she is unable to complete in time, then you can do plan B of sponsoring her under F2A.
.
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Thank you SusieQQQ. I was thinking that it would have an impact on my application. If there's no impact, it does not make sense to leave her off as you said.
 
tarmek said:
Mom, sorry for disturbing , in 2019 AOS forum there are people on pending asylum cases who won DV lottery and got the green card. I read that they processed AOS while in US. but here you are saying I can’t adjust status :( sorry I’m very confused how they processed their applications then ? This guy was even from banned country but got a green card while having pending asylum case. Sorry for asking, may be I’m asking the wrong way, thank you !
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If memory serves me right, majority of those folks had other valid status in addition to their pending asylum petitions, hence the approval. That is not the situation in your case. You were actually out of status as at the time of filing for asylum. The fact that you were out f status for two weeks effectively makes you ineligible for DV based AOS, it’s not just because you’re currently in asylum pending.

Prior to 2019, yes we saw several folks with asylum pending (and no other status) successfully go through DV based AOS process. I believe those folks were lucky, their being in asylum pending status was overlooked. That is no longer the case, they are now closely scrutinized. Keep reading the 2019 thread by the way, I’m sure you’ll come across those with asylum pending status who got denied.
 
tarmek said:
Yes mate, thank you for your thorough explanation, you answered my next question why some got denied and some approved, and I guess it was just an exception or what ever was the reason, thanks

as I kept reading the people are saying that we’re denied due to being on “pending asylum” , then why would some were approved you think ?? Just overlooked or some other reasons in your opinion ? Thank you very much !
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I believe I already answered in my previous posts to you.
 
Hi Mom,

I won the lottery with AS0023XXX case number, and I am currently in the US on an F1 visa. I am planning to get married this fall with my boyfriend. We have been together for one year and living together since COVID. He is a Canadian citizen working in the US on the TN visa, and he was born in China. When I entered the DV lottery, I applied as a single person.

I was wondering:
1) If it is possible for him to go through AOS with me to get a GC?
2) If yes, what is the process for him to be included in my application?
3) Will adding him as a spouse affect my chances of passing the interview or getting a GC?

Thank you very much :)
 
feli2 said:
Hi Mom,

I won the lottery with AS0023XXX case number, and I am currently in the US on an F1 visa. I am planning to get married this fall with my boyfriend. We have been together for one year and living together since COVID. He is a Canadian citizen working in the US on the TN visa, and he was born in China. When I entered the DV lottery, I applied as a single person.

I was wondering:
1) If it is possible for him to go through AOS with me to get a GC?
2) If yes, what is the process for him to be included in my application?
3) Will adding him as a spouse affect my chances of passing the interview or getting a GC?

Thank you very much :)
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1. Yes.
2. Add him to your DS260 form after you get married and be sure to also fill and submit the DS260 in his name. Include him when you make the DV administrative fee payment. Fill and submit an AOS package for him when you submit yours.
3. You’ll need to be prepared to prove your marriage is a genuine one and not a sham marriage
 
I just read the immigration ban article on @Britsimon's website. This is so heartbreaking for those who were selected for DV 2020 (CP) last year. I hope this won't affect DV 2021 AOS applicants in the near future. I feel so lucky and bad at the same time.
 
Hello,
regarding the cheat sheet, here are a couple of points for improvements:
  • It would be great to have 1NL and 2NL explained in the abbreviations sheet.
  • Sheet AOS Processing cell E11 (Visa Bulletin) has a broken link to 404 page.
  • Unless I've missed something, but it should be clear that CN in Visa Bulletin web page for DV2021 will only start showing after FY2020, which is October, afaik.
I also have a question here. If applicant decides to go ahead with AOS, but the CN doesn't come up before current visa and I-94 expiration - is it possible to request KCC to revoke DS-260 for AOS and submit it with CP? Or it's possible to file some sort of extension until CN becomes CURRENT? It seems like it might be a hanging situation if CN doesn't come up as expected and existing visa expires.
 
mrtomd said:
Hello,
regarding the cheat sheet, here are a couple of points for improvements:
  • It would be great to have 1NL and 2NL explained in the abbreviations sheet.
  • Sheet AOS Processing cell E11 (Visa Bulletin) has a broken link to 404 page.
  • Unless I've missed something, but it should be clear that CN in Visa Bulletin web page for DV2021 will only start showing after FY2020, which is October, afaik.
I also have a question here. If applicant decides to go ahead with AOS, but the CN doesn't come up before current visa and I-94 expiration - is it possible to request KCC to revoke DS-260 for AOS and submit it with CP? Or it's possible to file some sort of extension until CN becomes CURRENT? It seems like it might be a hanging situation if CN doesn't come up as expected and existing visa expires.
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Thanks for the feedbacks re abbreviations and broken link - those have been fixed. The spreadsheet will not get so granular as to start calling out the FY for the VB. Doing so will create unnecessary work as I will need to remember to update the date section every time a new FY starts. No, not going to do that.

Selectees have the option of contacting KCC for the purpose of switching from one process to the other. However, there’s timing factor too which may impact the ability to change. Bear in mind, in order to get scheduled for a CP interview, KCC will need to have had enough time to process your DS260 form (after the switch from AOS to CP) and your required documents must also have been received and processed before they will go ahead and schedule a CP interview.
 
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