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DV 2021 AOS Only

DV21M said:
I did submit them following BritSimmon's blog before I decided to switch to AOS back in mid march, even though they never asked for them until recently, so I did not expect for them to process them tbh. Kinda messy.
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Oh well! That's the price you pay for your indecision considering the amount of information and personal guidance you actually received.
 
Sm1smom said:
Oh well! That's the price you pay for your indecision considering the amount of information and personal guidance you actually received.
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Yes, I know, trust me I have been beating myself up about it since I got the damn email. Hopefully this will simple be a non issue in the end and KCC will switch me to AOS soon and, if not, hopefully it'll be solvable.

EDIT to add a question: does the change to AOS (and consequently the stop of CP) happen when KCC reads my email and responds or when they cash the $330?
 
Sm1smom said:
The I-20s are one of the ways you demonstrate you’ve never gone out of status by overstaying. 5 isn’t a lot, include them all.
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May I ask a following up question about this? I am in the same situation but I think I have maybe 1 or 2 past I-20 missing because I took one year off from school and the school said they will issue new I-20 for me so I didn't pay attention to the old I-20. Will that be a big problem?
 
DV21M said:
Yes, I know, trust me I have been beating myself up about it since I got the damn email. Hopefully this will simple be a non issue in the end and KCC will switch me to AOS soon and, if not, hopefully it'll be solvable.

EDIT to add a question: does the change to AOS (and consequently the stop of CP) happen when KCC reads my email and responds or when they cash the $330?
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I don’t know.
 
Kong58 said:
May I ask a following up question about this? I am in the same situation but I think I have maybe 1 or 2 past I-20 missing because I took one year off from school and the school said they will issue new I-20 for me so I didn't pay attention to the old I-20. Will that be a big problem?
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If they need you to provide proof of not having been out of status at any specific time, and you’re unable to provide the applicable documents, you may be deemed non AOS eligible.
 
Sm1smom said:
1. Did you enter the US with the first two I-20s or where you already in the US when they were issued? If the answer is NO, then they are irrelevant.
2a. You already know what you need for the J1 - you asked about the DS2019 a couple of weeks ago.
2b. Did you ever enter the US on the K1 visa? If yes:
"Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States
Anyone applying under the following immigrant categories must submit evidence to show they have continuously
maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA
section 245(c)(2): applicants applying under a family-based preference category or an employment-based preference
category; special immigrant religious workers, Afghan or Iraqi nationals, and international broadcasters; and selectees
under the Diversity Visa Lottery program.
Acceptable evidence may include, but is not limited to, copies of the following documents:
A. Form I-797 approval notices for all extensions and changes of nonimmigrant status;
B. Form I-94 Arrival-Departure Record, including printouts of paperless I-94 admissions;
C. Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status - For Academic and Language
Students, or Form I-20, Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational
Students, including all pages containing notations by authorized school officials;
D. Form DS-2019 (formerly IAP 66), Certificate of Eligibility for Exchange Visitor (J-1) Status, including all pages
containing notations by authorized exchange visitor program officials; or
E. Passport page with an admission or parole stamp (issued by a U.S. immigration officer)."

Form I-485 Instructions

p.s. you honestly need to stop panicking or over-analyzing every single post or information you come across. While the AOS process may appear daunting and intimidating, it really isn't rocket science. The information you need is right there staring you in the face!
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Just want to clarify on Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States.
Is that all of the past arrivals that we need to have the evidence? or just the last arrival?

Let say I came to US in 2015 and left in 2016. I was back to US in 2018 until now. I only need the evidence since 2018. Is that correct?
 
Kong58 said:
Just want to clarify on Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States.
Is that all of the past arrivals that we need to have the evidence? or just the last arrival?

Let say I came to US in 2015 and left in 2016. I was back to US in 2018 until now. I only need the evidence since 2018. Is that correct?
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No. If you look at section F, bars to adjustment, in the adjustment chapter of the USCIS manual https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2 , it says for the second box which is out of status (In Unlawful Immigration Status on the Date the Adjustment Application is Filed OR Who Failed to Continuously Maintain Lawful Status Since Entry into United States OR Who Continues in, or Accepts, Unauthorized Employment Prior to Filing for Adjustment) , under “Entries and Periods of Stay to Consider” it notes “All entries and time periods spent in the United States (departure and return does not remove the ineligibility)”. There are some exceptions to this rule (also noted there) but diversity visa adjustment is not one of them.
 
Hi, Mom. Once again, your advice turned out to be invaluable. The inquiry worked and I just received an email from USCIS with my biometrics appointment letter. I think their office in Boston is super busy because they scheduled me for May 10, which is almost a month from now and usually appointments are like 2 weeks after one gets the letter right? But anyways, thank you so so much for your help. My case is finally moving forward.
 
Kong58 said:
Just want to clarify on Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States.
Is that all of the past arrivals that we need to have the evidence? or just the last arrival?

Let say I came to US in 2015 and left in 2016. I was back to US in 2018 until now. I only need the evidence since 2018. Is that correct?
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Not quite. You don’t have to include evidence of continuously maintaining a lawful status from 2015 to 2016 if you don’t want to. Just be aware it may be requested during your interview, so be prepared to present it as departure and subsequent re-entry does not remove bars to adjustment for someone who is not AOS eligible (without an applicable waiver):

Effect of departure. The departure and subsequent reentry of an individual who was employed without authorization in the United States after January 1, 1977 does not erase the bar to adjustment of status in section 245(c)(2) of the Act. Similarly, the departure and subsequent reentry of an individual who has not maintained a lawful immigration status on any previous entry into the United States does not erase the bar to adjustment of status in section 245(c)(2) of the Act for any application filed on or after November 6, 1986.
INA 245 (c)(2)
 
raphael1899 said:
Hi, Mom. Once again, your advice turned out to be invaluable. The inquiry worked and I just received an email from USCIS with my biometrics appointment letter. I think their office in Boston is super busy because they scheduled me for May 10, which is almost a month from now and usually appointments are like 2 weeks after one gets the letter right? But anyways, thank you so so much for your help. My case is finally moving forward.
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Great news! Long overdue. Congrats on moving one step closer. Is this updated from the contact with your senator, or your house of rep?
 
Hello everybody! Mom, I sent my package to USCIS today. I hope with your help I did everything right. All my expenses for today, my family includes 3 people:
Fee payment for DV Lottery 330 x3 = $ 990
Medical examination 550 x3 = $ 1650
Checks 1225 x3 = $ 3675
Postage 25 $
______________________________
TOTAL 6340 $
 
Sm1smom said:
If they need you to provide proof of not having been out of status at any specific time, and you’re unable to provide the applicable documents, you may be deemed non AOS eligible.
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Hey Mom, I also do not have my previous I20's from 2014-2016. (They were two).

My current passport has the old expired F1 visas from 2014-2016. I never changed my status in the US. I was always on F1 and had 5 years visa but I stay only 2 years. Would not having those I20s be a problem?

Also,

I heard from somebody that we have to send all the copy of empty pages of our passports? That does not make sense at all. I thought we only send pages that has visas and cbp stamps on it. Plus bio page. What is the purpose of sending empty pages of passport? Is this info wrong?
 
onero said:
Hey Mom, I also do not have my previous I20's from 2014-2016. (They were two).

My current passport has the old expired F1 visas from 2014-2016. I never changed my status in the US. I was always on F1 and had 5 years visa but I stay only 2 years. Would not having those I20s be a problem?

Also,

I heard from somebody that we have to send all the copy of empty pages of our passports? That does not make sense at all. I thought we only send pages that has visas and cbp stamps on it. Plus bio page. What is the purpose of sending empty pages of passport? Is this info wrong?
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1. Having already seen (and quoted) my response to a similar question, I’m surprised you’re still asking more or less the same thing.
2. What should be included is listed on the AOS spreadsheet.
 
Sm1smom said:
Not quite. You don’t have to include evidence of continuously maintaining a lawful status from 2015 to 2016 if you don’t want to. Just be aware it may be requested during your interview, so be prepared to present it as departure and subsequent re-entry does not remove bars to adjustment for someone who is not AOS eligible (without an applicable waiver):

Effect of departure. The departure and subsequent reentry of an individual who was employed without authorization in the United States after January 1, 1977 does not erase the bar to adjustment of status in section 245(c)(2) of the Act. Similarly, the departure and subsequent reentry of an individual who has not maintained a lawful immigration status on any previous entry into the United States does not erase the bar to adjustment of status in section 245(c)(2) of the Act for any application filed on or after November 6, 1986.
INA 245 (c)(2)
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Thank you mom and Susie! Your advices are really helpful.

1) Although I did not have past I-20, I did find out an old document called "I-94 number retrieval" with an expiration date of 2016. It shows the my entry date, class of admission, and admit until date. However, I've never seen my current I-94 with expiration date. Are you familiar with it? Is it useful to prove lawful status?

2) I heard people saying that I-94 by itself cannot prove lawful status without I-20 as a F-1 status. Is that a misleading comment?
 
raphael1899 said:
Thank you! And it's from the senator. My congresswoman's office never responded to my request. My senator contacted USCIS last Friday and they responded today.
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Hello, did your senator tell you that they contacted Uscis? I just created a senator inquiry and I wonder how the process goes. Thanks.
 
gg96 said:
Hello, did your senator tell you that they contacted Uscis? I just created a senator inquiry and I wonder how the process goes. Thanks.
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Hi. Yes, I submitted a privacy release form that I found on my senator's website and I received an email from their office the same day informing me that they had contacted USCIS about my case and would let me know as soon USCIS replied.
 
Kong58 said:
Thank you mom and Susie! Your advices are really helpful.

1) Although I did not have past I-20, I did find out an old document called "I-94 number retrieval" with an expiration date of 2016. It shows the my entry date, class of admission, and admit until date. However, I've never seen my current I-94 with expiration date. Are you familiar with it? Is it useful to prove lawful status?

2) I heard people saying that I-94 by itself cannot prove lawful status without I-20 as a F-1 status. Is that a misleading comment?
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1. If you don’t have your I-20 from back then, you’ll need to think outside the box about other documents you can present in addition to the I-94 you found in that case. School transcripts? School fees payment receipts? Class registration details? Dig through your email, think about other records you may have.
2. That is correct, you’ll notice the AOS process spreadsheet calls out both the I-20 and I-94. A person with an I-94 with a D/S admit till date for instance who decides to remain in the US following the expiration of the initial I-20 and stops going to school is obviously out of status from that point. They can simply use the I-94 as the basis of being in the US when they no longer have a valid I-20 or any other valid status.
 
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