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DV 2021 AOS Only

Sm1smom said:
Please note, there’s no guarantee AS region will be CURRENT come June 2021, your post comes across like that is always the case. So you should have a plan B of how to remain in status in order to file AOS in case your CN is not current by the time your current status is set to expire.

Now directly to your question, if your current status expires while your AOS package is pending, you’ll have to stop working unless you have another approved EAD on hand.
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Understood, thank you very much. I also understand that whether my CN becomes current is just an assumption.

I also saw that usually NACARA causes DV quota to decrease to 50,000, however recent (2020) VB is showing a decrease to 54,650. Do we have information to see if DV 2021 will have similar numbers?

Thanks in advance
 
Hi, everyone. I am currently doing a PhD. I will be done after 4 years. What do I enter as the last date of the program? I tried putting 2024 but it does not allow me to do that. (For the DS-260)
 
justinchuenyen said:
Understood, thank you very much. I also understand that whether my CN becomes current is just an assumption.

I also saw that usually NACARA causes DV quota to decrease to 50,000, however recent (2020) VB is showing a decrease to 54,650. Do we have information to see if DV 2021 will have similar numbers?

Thanks in advance
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Too soon to know. The FY is yet to start, that info is yet to be released.
 
klintmane1 said:
Hi, everyone. I am currently doing a PhD. I will be done after 4 years. What do I enter as the last date of the program? I tried putting 2024 but it does not allow me to do that. (For the DS-260)
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You can’t enter a future date on the form. The best you can do is put the date of the day you’re submitting the form.
 
I won the green card lottery but I am currently having an assylum case pending. Before applying for my assylum, I have been on section 13. It didn't work out, so I took 2 month after the rejection to apply for assylum. Now I won the green card lottery, and I wonder if I continued through this process, would this two month affect me and be considered out of status?
 
jasmina424 said:
I won the green card lottery but I am currently having an assylum case pending. Before applying for my assylum, I have been on section 13. It didn't work out, so I took 2 month after the rejection to apply for assylum. Now I won the green card lottery, and I wonder if I continued through this process, would this two month affect me and be considered out of status?
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You fell out of status immediately following your Section 13 denial, and that makes you ineligible to file AOS.
 
I have a bad experience with one of my previous employers (intern work), will that affect my chance?
To be specific, I worked as an intern for a small startup company, and the owner didn't pay my last month's salary so I had to file a complaint against him in a Labor commission to get compensated. I have all the evidence to back it up.
 
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CMDH said:
I have a bad experience with one of my previous employers (intern work), will that affect my chance?
To be specific, I worked as an intern for a small startup company, and the owner didn't pay my last month's salary so I had to file a complaint against him in a Labor commission to get compensated. I have all the evidence to back it up.
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It shouldn’t, as long as the employment was authorized as at when undertaken.
 
Sm1smom said:
1. What I think is irrelevant. The only relevant thing is already shared, which is based on what I know to date.
2. I hate having to repeat myself - asking the same question in different ways will not elicit a response different from what has already been provided.
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I wasn't asking the same question. It's because you said "especially with AOS, I haven’t come across a denial based on old picture" so I just wanted to know why you said especially with AOS, that's it. I apologize if it seemed redundant but it's not
 
Hi @Sm1smom and the team,

Thank you so much for creating this forum and the informative spreadsheet. They’re incredibly helpful.
I have a pending asylum status for the past 3 years and we've never been out of status. My wife has been selected for the DV-2021 with the CN of AS…12XXX.
I’ve two have two questions, please:

1. My current status, pending asylum, clearly shows that we’re looking for residency. Should we still wait and not fill the DS-260?

2. I contacted my lawyer and he said if I want to proceed with the DV-2021 then I have to exit the country and apply from another country. He can apply to get advance parole for us. From what I’m reading here, I believe that is not the case. Please correct me if I’m wrong.


Thanks again for the amazing forum.
D8
 
Sm1smom said:
If your current status is set to expire next month with no other means of extending it, you will not be AOS eligible as you will already be out of status by the time your CN becomes current.

1. Not true, you were misinformed by whoever you spoke with - they didn’t seem to know the fact that your FY has not started, and that you can’t file prior to your CN being listed as current on the VB.

2. Demonstrating an immigrant intent early is not what you should be concerned with in this case. Your only option right now is CP.
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@DV2020SA and @Sm1smom,

Yes, I suspected that whoever I spoke to at USCIS maybe misunderstood that I'm selected for the 2021 FY and not 2020. Thanks for the clarification!
 
D8Resident said:
Hi @Sm1smom and the team,

Thank you so much for creating this forum and the informative spreadsheet. They’re incredibly helpful.
I have a pending asylum status for the past 3 years and we've never been out of status. My wife has been selected for the DV-2021 with the CN of AS…12XXX.
I’ve two have two questions, please:

1. My current status, pending asylum, clearly shows that we’re looking for residency. Should we still wait and not fill the DS-260?

2. I contacted my lawyer and he said if I want to proceed with the DV-2021 then I have to exit the country and apply from another country. He can apply to get advance parole for us. From what I’m reading here, I believe that is not the case. Please correct me if I’m wrong.


Thanks again for the amazing forum.
D8
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1. Submitting the DS260 is recommended for all AOSers

2. Your lawyer’s suggestion of processing CP is meant to give you a better chance of an approval. Do you have a currently valid status outside of your pending asylum?
 
Sm1smom said:
1. Submitting the DS260 is recommended for all AOSers

2. Your lawyer’s suggestion of processing CP is meant to give you a better chance of an approval. Do you have a currently valid status outside of your pending asylum?
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Thanks for your reply.
No, we don't have any status out of the pending asylum. I'm the main applicant in our case, but she has been selected for DV-2021. We both have EAD and work.

Our lawyer said there is no way that people with pending asylum status being considered for AOS.
So, should we exit and apply through CP to have a better chance? I thought we have a chance for AOS because we have never been out of status. What would be the best scenario to increase our chance if our number gets current?

Thank you,
 
hi, i have recently been selected for the DV lottery 2021, my CN is AF00037XXX.

1. is this a high CN for this region?
2. i am currently on an OPT visa that will expire in August 2020, can i file for AOS now before my CN becomes current?
3. if my OPT expires after i file for AOS, can i remain in the US?
4. should i apply for AOS or extend my current visa?
5. my spouse is on B2 visa and current stay is valid until 6/29/2020, will he be able to remain in the US legally if we file for adjustment of status.
6. do you advise that we file for AOS immediately as we are on a time crunch?o_O
 
D8Resident said:
Thanks for your reply.
No, we don't have any status out of the pending asylum. I'm the main applicant in our case, but she has been selected for DV-2021. We both have EAD and work.

Our lawyer said there is no way that people with pending asylum status being considered for AOS.
So, should we exit and apply through CP to have a better chance? I thought we have a chance for AOS because we have never been out of status. What would be the best scenario to increase our chance if our number gets current?

Thank you,
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You keep saying you’ve never been out of status but you actually are! You’re out of your authorized stay, so that technically makes you out of status, you’re currently in pending status. I‘m guessing the reason you think you’re not out of status has to do with filing for asylum while still in a valid status. Your current status shields you from accumulating an illegal presence while your asylum petition is pending, it does not mean you’re in a valid status which you can adjust from.

If you still had a valid status with your pending asylum petition, I would say there’s nothing to worry about. In the past, we’ve had a couple of selectees with asylum pending status (same as you) who successfully completed the process, and some who got denied by a particular FO. But with the current administration and the tight interpretations being applied to immigration laws, I feel AOS is very dicey for you.
 
zabdooly said:
hi, i have recently been selected for the DV lottery 2021, my CN is AF00037XXX.

1. is this a high CN for this region?
2. i am currently on an OPT visa that will expire in August 2020, can i file for AOS now before my CN becomes current?
3. if my OPT expires after i file for AOS, can i remain in the US?
4. should i apply for AOS or extend my current visa?
5. my spouse is on B2 visa and current stay is valid until 6/29/2020, will he be able to remain in the US legally if we file for adjustment of status.
6. do you advise that we file for AOS immediately as we are on a time crunch?o_O
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1. I don’t know, we don’t have any idea of full number of selectees yet.
2. No you’re not eligible to file for AOS before your FY starts and before your CN becomes current.
3. See 2
4. See 2.
5. See 2 re applying for AOS.
6. See 2.
 
Sm1smom said:
You keep saying you’ve never been out of status but you actually are! You’re out of your authorized stay, so that technically makes you out of status, you’re currently in pending status. I‘m guessing the reason you think you’re not out of status has to do with filing for asylum while still in a valid status. Your current status shields you from accumulating an illegal presence while your asylum petition is pending, it does not mean you’re in a valid status which you can adjust from.

If you still had a valid status with your pending asylum petition, I would say there’s nothing to worry about. In the past, we’ve had a couple of selectees with asylum pending status (same as you) who successfully completed the process, and some who got denied by a particular FO. But with the current administration and the tight interpretations being applied to immigration laws, I feel AOS is very dicey for you.
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Thanks very much for clarifying that. I didn't know that I'm out of status. Now, I have a better understanding of the situation.
I saw on the timeline tab that some people with pending asylum status applied and got their GC, so I thought we also have a chance.

Also, I don't think we have a better chance for CP since we're from one of the countries in the EO ban.
 
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