• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

DV 2021 AOS Only

coffeemonster said:
The memo states

Unless specifically exempted herein, this PM applies to and is binding on all U.S . Citizenship and Immigration Services (USCIS) employees
Click to expand...

Page 6 of the Memo categorically states:

"Use
This PM is intended solely for the guidance of USCIS personnel in the performance of their official duties. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law or by any individual or other party in removal proceedings, in litigation with the United States, or in any other form or manner."

So no, the Memo is not binding. The 'Use" supersedes the "Scope" - considering the "Purpose" clearly states the memo provides updated guidelines. Guidelines cannot be interpreted as binding IMO.
 
Sm1smom said:
Page 6 of the Memo categorically states:

"Use
This PM is intended solely for the guidance of USCIS personnel in the performance of their official duties. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law or by any individual or other party in removal proceedings, in litigation with the United States, or in any other form or manner."

So no, the Memo is not binding. The 'Use" supersedes the "Scope" - considering the "Purpose" clearly states the memo provides updated guidelines. Guidelines cannot be interpreted as binding IMO.
Click to expand...
^ so it specifically says you cannot use it as a basis to sue. Thanks for highlighting the relevant paragraph.
 
Sm1smom said:
You can attempt dropping it in person if you like. Do update us on the outcome should you decide to try.
Click to expand...
Hi, Mom! How are you?
Is it for real or is it sarcasm? Because I rather be taking biometrics pictures than arrested/jail pictures
 
Last edited:
Hi Mom,

1. What is the criteria(s) to successfully demonstrate financial self sufficiency? I may have challenges trying to get a sponsor. (I have a good paying job and can provide pay/bank statements. I also can provide past 3 years' W2 and IRS Transcripts.)
2. Is there an amount (either pay or in bank accounts) that we can prove self sufficiency and ultimately not needing a sponsor?
3. Does a sponsor have to prove a certain amount to be successfully accepted as a sponsor? (I read the 2021 HHS Poverty Guideline, but this says it is for Form I-864)
4. If 1. and 2. are doable, then is it safe to say Form I-134 is not mandatory? I saw that Form I-944 has been discontinued alluding me to think Form I-134 should be submitted for any circumstances.

Thank you so much in advance.
 
nahseryeoj said:
Hi Mom,

1. What is the criteria(s) to successfully demonstrate financial self sufficiency? I may have challenges trying to get a sponsor. (I have a good paying job and can provide pay/bank statements. I also can provide past 3 years' W2 and IRS Transcripts.)
2. Is there an amount (either pay or in bank accounts) that we can prove self sufficiency and ultimately not needing a sponsor?
3. Does a sponsor have to prove a certain amount to be successfully accepted as a sponsor? (I read the 2021 HHS Poverty Guideline, but this says it is for Form I-864)
4. If 1. and 2. are doable, then is it safe to say Form I-134 is not mandatory? I saw that Form I-944 has been discontinued alluding me to think Form I-134 should be submitted for any circumstances.

Thank you so much in advance.
Click to expand...
1. Take a look at the AOS process spreadsheet (AOS Package tab).
2. There is no specific listed amount. A “decent” annual income (or savings) and evidence of current/ongoing employment may do the trick.
3. The listed income is equally applicable to the I-134.
4. No one ever said the I134 was mandatory. Form I-134 may be submitted by an applicant who may not be able to demonstrate their self-sufficiency.
 
Anyone with New Orleans as a field office? So far I have not seen anyone else in the spreadsheet so I figured I might ask around.
 
Hello,
Sm1smom said:
Entering the US on a NIV with a preconceived intent of filing AOS is frowned upon. And I’m sorry I can’t tell you if you should participate in the lawsuit or not, you’ll need to decide on your own.
Click to expand...
Thank you for the response. So I guess, even if i enter the US, i will have to wait for KCC and hope for embassy back home to schedule an interview.
Regarding lawsuit, am asking if it's unlawful (or frowned upon) to file for a lawsuit and enter the US on a J2 visa. Will that have any negative effect on me?
 
July said:
Hello,

Thank you for the response. So I guess, even if i enter the US, i will have to wait for KCC and hope for embassy back home to schedule an interview.
Regarding lawsuit, am asking if it's unlawful (or frowned upon) to file for a lawsuit and enter the US on a J2 visa. Will that have any negative effect on me?
Click to expand...
No negative effects or consequences to deal with for filing a lawsuit. By the way, I hope you guys J1/J2 is not subject to a 2 year HRR? Because if it is, you can’t even proceed with CP without a waiver once you activate that visa status.
 
Sm1smom said:
No negative effects or consequences to deal with for filing a lawsuit. By the way, I hope you guys J1/J2 is not subject to a 2 year HRR? Because if it is, you can’t even proceed with CP without a waiver once you activate that visa status.
Click to expand...
Yes it is subjected to a 2 year HRR. What does it mean to 'activate a visa status', it is 'getting the visa' or 'entering the US on that visa'?
I can wait for the CP without entering the US, but my husbands has to be there by July, as it will disturb the smooth functioning of hospital due to shortage of staff.
 
You must log in or register to reply here.
Top