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DV 2021 AOS Only

An immigration lawyer told me that I could apply for BOTH CP and AOS, and he said they could be processed at the same time as long as I pay the DV fees. Is it correct? I have never heard anyone applying for both.

DV21 AS28XXX
Currently on an F1 visa
 
Just sharing my experience: My lawyer, like yours, did not send my DV fee receipt, which I paid after. My package was accepted without any issues and I will bring the receipt to the interview. Your question is also answered on the spreadsheet FAQ tab.
I'm filing my AOS without the dv-fee receipt as well. Just by curiosity, did you include any other evidence that you have paid the fee or a note explaining that you will bring the receipt to the interview?
 
An immigration lawyer told me that I could apply for BOTH CP and AOS, and he said they could be processed at the same time as long as I pay the DV fees. Is it correct? I have never heard anyone applying for both.

DV21 AS28XXX
Currently on an F1 visa
Hopefully, you haven't hired that lawyer. If you did, you better go get your money back. What he told you is complete nonsense, I have no nicer way of saying it.
 
Hopefully, you haven't hired that lawyer. If you did, you better go get your money back. What he told you is complete nonsense, I have no nicer way of saying it.
I see. In your opinion, do you think AOS will process faster than CP this year? My home country is Taiwan, where the embassy has interviewed the case number AS4xxx in April. In a normal year, CP cases move fast in Taiwan since we usually only have 400 selectees per year. The pandemic is not serious in Taiwan and the embassy is still operating. However, we have 68x selectees this year so I'm not sure if AOS will be a better choice.


DV21 AS28XXX
Currently on an F1 visa, living in Orlando, FL
 
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1. Using work experience is not quite straightforward and can be tough (not as simple as including an employment verification letter). You should plan on demonstrating you meet the educational requirements, unless of course if you don’t meet that.
2. Yes, you should include your marriage certificate if you’re married. Plan on taking your children’s birth certificates along to the interview. Your IO will keep a copy if they deem it necessary. Take a look at the I-485 instructions for further guidance on any other document you may need to include.
1. That's good to know. In the requirements it says "Two years of work experience within the past five years in an occupation requiring at least two years of training or experience". I have 15 years work experience and for the last 5-6 years I've been working in the U.S. on an executive level position. Except the employment letter I have included W-2 & pay stubs as well. I was hoping that would be good enough.
I do meet the educational requirements but it's been 20 years since I was studying and I do not have my diplomas translated so I'm not sure if that would be helpful to include?

2. Thank you for the reminder I almost missed that. I will go through the I-485 instructions again and see what else I need to include.
 
I'm filing my AOS without the dv-fee receipt as well. Just by curiosity, did you include any other evidence that you have paid the fee or a note explaining that you will bring the receipt to the interview?
I didn't include anything and here's why. My lawyer wrongly suggested that I didn't have to pay the fee, so he sent my package without the receipt. Later, I realized that this was a mistake, so I paid and I will bring the receipt with me to the interview. I think I was lucky and my package was not rejected.
 
An immigration lawyer told me that I could apply for BOTH CP and AOS, and he said they could be processed at the same time as long as I pay the DV fees. Is it correct? I have never heard anyone applying for both.

DV21 AS28XXX
Currently on an F1 visa
I know that this will sound crazy because usually one hires a lawyer thinking they will only be helpful, but in my experience, I've had to double-check everything my lawyer did because very few immigration lawyers have experience with DV-based AOS cases. I am not saying that you should not hire a lawyer, but if you use the spreadsheet available here and ask any follow-up questions you may have, you can go through the whole process without a lawyer.
 
1. That's good to know. In the requirements it says "Two years of work experience within the past five years in an occupation requiring at least two years of training or experience". I have 15 years work experience and for the last 5-6 years I've been working in the U.S. on an executive level position. Except the employment letter I have included W-2 & pay stubs as well. I was hoping that would be good enough.
I do meet the educational requirements but it's been 20 years since I was studying and I do not have my diplomas translated so I'm not sure if that would be helpful to include?

2. Thank you for the reminder I almost missed that. I will go through the I-485 instructions again and see what else I need to include.
I feel, like mom, that you are unnecessarily complicating a simple process, assuming you have a high school certificate. Get a translation, done. That’s all you need. Work experience requires you to carefully match up what you do with an appropriate o*net job title/description at an acceptable level per the DV minimum requirements for job zone and SVP, and provide ample proof that what you do matches what that description does. Generally no, a letter and a paystub is not enough, even if you feel your position should be obviously high level enough to meet the requirements.
 
I see. In your opinion, do you think AOS will process faster than CP this year? My home country is Taiwan, where the embassy has interviewed the case number AS4xxx in April. In a normal year, CP cases move fast in Taiwan since we usually only have 400 selectees per year. The pandemic is not serious in Taiwan and the embassy is still operating. However, we have 68x selectees this year so I'm not sure if AOS will be a better choice.


DV21 AS28XXX
Currently on an F1 visa, living in Orlando, FL
It seems for DV2021 the speed that KCC processes documents is the rate-limiting step, not the embassy's capacity (at least for AIT). You must have seen many Taiwanese folks that have submitted their documents but just don't get any response from KCC. I guess no one can give you a set answer regarding which (AOS or CP) is better. You will have to decide it yourself.

In order to proceed with AOS, you want to make sure you are eligible for AOS. Do you have any derivative applicants living in Taiwan that perhaps need FTJ if you proceed with AOS?

Either moving forward with AOS or CP, I hope you have started gathering the required documents, such as birth certificate, current and original household registration records (in both Mandarin and English if processing AOS), and all the diplomas (with a certified translation if processing AOS). Getting those household registration records and diplomas from Taiwan while you are physically in the US could be a bit tricky. Good luck anyway!
 
Hi all! I do have a question on "certified translation" in the US (for HS and BS diploma). I'm trying to use an online service, but they all look like some sort of scam company. Everybody is certified for USCIS purposes, but it's just based on the "trust me dude" rule. Here are some examples:

uslanguageservices.com/persian-translation-services/
cacfti.com/
translate-with-bbt.com/

Any comments on what should I look for when sending my documents would be appreciated. (all prices are $30-$40 per diploma).
 
I sent my AOS package on April-20 (Current in June). My bank says that the cashier's check was cashed but they not sure. When should I receive the acceptance letter?
How can I update my information in the timeline sheet? I will add my status update on my profile's signature, hope other will do the same
 
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I sent my AOS package on April-20 (Current in June). My bank says that the cashier's check was cashed but they not sure. When should I receive the acceptance letter?
How can I update my information in the timeline sheet? I will add my status update on my profile's signature, hope other will do the same
If you look at the other timelines on the spreadsheet, you can see how long it takes on average to receive the NOA receipt. It can be 2 weeks or more than a month. There is no rule. If you want to edit the spreadsheet, you have to request access.
 
Hi @Sm1smom and DV fellows,

Yesterday I called USCIS asking to expedite the EAD because my H1B ran out end of March and I'm left with no salary and no insurance for an indefinite period of time, I can't leave the country and come back while waiting for the adjustment, and that causes hardship.

I got an email from them today saying, "All expedite requests are reviewed on a case-by-case basis and are granted at the discretion of the Director.
USCIS may consider expediting a benefit request if it meets one or more of the following criteria:
Severe financial loss to a company or person,
Urgent humanitarian reasons;
Compelling U.S. Government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests); or
Clear USCIS error.
You are required to submit a written request and supporting documents to USCIS NYC District Office, 26 Federal Plaza, New York, New York 10278."

I had a few questions:

1. Should I go ahead and send a letter outlining my financial losses and medical risks, and asking for expedited EAD and/or my case? (on the phone I only talked about EAD but on the email it says Case type: I485)
2. Do I need a letter from employer saying how they need me back?
3. I've also submitted affidavit of support from a friend, but obviously don't want to cause her too much inconvenience either. Do I have a right to still request expedited processing? One lawyer I know said there's no contradiction there.
4. I've also reached out to a senator for help early last week. Should I wait for any development on that before requesting expedited processing?
5. Would it be considered "Clear USCIS error" the fact that I was initially invited for an interview a week prior to biometric, and that's why my interview has been postponed to an indefinite date.

Thank you so much!
Maya
 
@Sm1smom As you know, I lost my old I-20 to be the evidence of continuously maintaining lawful status for my previous entry of the US. Taking your advice to be creative, I contacted my school to see if they have copies of my previous I-20. Fortunately, they do have those documents. However, they only have them without the advisor signature and with a watermark of "file only". From my understanding, old I-20 without signature will not be a problem because they are issued from my school. Is that true? Will those I-20 be a good evidence? If not, I can keep looking for more document. Thanks!
 
@Sm1smom I am new here and read the spreadsheet but I have a question. My wife is the principal applicant and she is on F2 (spouse of F1 visa holder) she cant work and never worked here. I got my OPT and I work and we share the same bank account. My question is: Do I have to sign form I-134 for her or It is not necessary. Is the bank statement enough on this case. TIA.
 
Hi @Sm1smom and DV fellows,

Yesterday I called USCIS asking to expedite the EAD because my H1B ran out end of March and I'm left with no salary and no insurance for an indefinite period of time, I can't leave the country and come back while waiting for the adjustment, and that causes hardship.

I got an email from them today saying, "All expedite requests are reviewed on a case-by-case basis and are granted at the discretion of the Director.
USCIS may consider expediting a benefit request if it meets one or more of the following criteria:
Severe financial loss to a company or person,
Urgent humanitarian reasons;
Compelling U.S. Government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests); or
Clear USCIS error.
You are required to submit a written request and supporting documents to USCIS NYC District Office, 26 Federal Plaza, New York, New York 10278."

I had a few questions:

1. Should I go ahead and send a letter outlining my financial losses and medical risks, and asking for expedited EAD and/or my case? (on the phone I only talked about EAD but on the email it says Case type: I485)
2. Do I need a letter from employer saying how they need me back?
3. I've also submitted affidavit of support from a friend, but obviously don't want to cause her too much inconvenience either. Do I have a right to still request expedited processing? One lawyer I know said there's no contradiction there.
4. I've also reached out to a senator for help early last week. Should I wait for any development on that before requesting expedited processing?
5. Would it be considered "Clear USCIS error" the fact that I was initially invited for an interview a week prior to biometric, and that's why my interview has been postponed to an indefinite date.

Thank you so much!
Maya
1. You can, if you like. I however do not see how your job loss or not having a medical insurance coverage meets any of the criteria for case expedite. The severe financial loss criteria typical involves when the loss has to do with a USC (for family based sponsorship). But like I already said, you can proceed with the request if you like.
2. If you like - just to be clear, severe financial loss to a company doesn’t apply here either.
3. You already got a legal opinion on this.
4. I would wait if this was my case, no point in utilizing all options available to me at once.
5. There’s no USCIS error as far as I can see.
 
@Sm1smom As you know, I lost my old I-20 to be the evidence of continuously maintaining lawful status for my previous entry of the US. Taking your advice to be creative, I contacted my school to see if they have copies of my previous I-20. Fortunately, they do have those documents. However, they only have them without the advisor signature and with a watermark of "file only". From my understanding, old I-20 without signature will not be a problem because they are issued from my school. Is that true? Will those I-20 be a good evidence? If not, I can keep looking for more document. Thanks!
That should be good enough.
 
@Sm1smom I am new here and read the spreadsheet but I have a question. My wife is the principal applicant and she is on F2 (spouse of F1 visa holder) she cant work and never worked here. I got my OPT and I work and we share the same bank account. My question is: Do I have to sign form I-134 for her or It is not necessary. Is the bank statement enough on this case. TIA.
Not necessary - your earnings/savings will be considered as jointly owned.
 
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