DV 2021 AOS Only

[SusieQQQ]

Thank you very much for the advise!

So would it be best to wait until after I receive my EAD card (OPT) and only then apply for the AOS? Assuming a processing time of 3 months for the OPT I would start the process for the AOS around May 15 (even though most likely my CN will become current in April).

What is the best advise for this scenario?

Thanks again!

I don’t think I can specifically advise on that, mom might or you can do a search on the forums, there have been a number of people who have competed AOS while on OPT in past years here.

 

[SimonTemplar86]

i am starting to put together my AOS packet and had a question

I am currently on a H1B visa working in the US. Since my case number is AS26XXX, i expect to do an advance filing sometime around May/June before I do some travel outside the US. Is it necessary for me to file the I765 with the I131 in this case?

 

[kong17]

Thank you very much for the advise!

So would it be best to wait until after I receive my EAD card (OPT) and only then apply for the AOS? Assuming a processing time of 3 months for the OPT I would start the process for the AOS around May 15 (even though most likely my CN will become current in April).

What is the best advise for this scenario?

Thanks again!

Hi there, AOS2020 DV winner here. I suggest you apply for AOS (If ur number is current) once you filed your OPT. Make sure you include the latest I-20 (OPT applied) in ur AOS package. There is no reason to wait for the EAD card to come.

If you have received a decision on ur OPT, ensure to bring in ur latest I-20 (approved or denied) to ur interview. Let me know if u have more questions!

 

[PhantomHigh]

No, you cannot do that! The AOS option is for someone who is already based in the US, it is not a means for by-passing the regular CP option available to non-US residents. Using a NIV to enter the US with a preconceived intent of filing AOS is a fraudulent misuse of the NIV. Read the last couple of posts above yours on this same issue.

Thank you for your advice. It’s just an idea that popped up in my mind so I just wanted to clarify that.

No, you cannot use a non immigrant visa with intent to immigrate. And you cannot lie to CBP about the purpose of your trip (that falls under fraudulent misrepresentation and can get you deported from the entry point and/or a ban, the ban could either be at entry or if the misrepresentation is discovered at your interview), and if you are honest about the purpose of the trip you will be denied entry, so it’s not even worth trying.

Thank you for your advice. It’s just an idea that popped up in my mind so I just wanted to clarify that.

 

[PhantomHigh]

Another question,
Can having already submitted DS260 form create problems for me at airport when I visit the US with my non-immigrant B visa?
I mean, I’m sure they can see on their central systems that I have immigration intent?
Or will this only happen when I apply for B visa renewal at US embassy?

 

[Sm1smom]

Thank you very much for the advise!

So would it be best to wait until after I receive my EAD card (OPT) and only then apply for the AOS? Assuming a processing time of 3 months for the OPT I would start the process for the AOS around May 15 (even though most likely my CN will become current in April).

What is the best advise for this scenario?

Thanks again!

While it is a good idea to already have the OPT approval in place prior to filing for AOS, there’s no formal requirement for it. You can send in your AOS package before receiving the OPT approval.

 

[Sm1smom]

i am starting to put together my AOS packet and had a question

I am currently on a H1B visa working in the US. Since my case number is AS26XXX, i expect to do an advance filing sometime around May/June before I do some travel outside the US. Is it necessary for me to file the I765 with the I131 in this case?

The FAQ tab of the AOS Process Spreadsheet says:

You may file form I-131, an application for advance parole, which is permission to reenter the U.S. with your AOS petition, or while your AOS petition is pending. An AP card allows you to keep your AOS petition alive after a brief international travel. You must remain in the U.S. until your advance parole is approved and your travel document is mailed to you. USCIS may cancel/deny your advance parole if you leave before it is issued. Your AOS petition will be considered abandoned if you travel out of the US while your AOS petition is pending if you do not have an approved AP card. People in the following visa category are however exempt from needing to have an approved AP before travelling: L1/L2, H1/H4 as these are dual intent visas

 

[Sm1smom]

Another question,
Can having already submitted DS260 form create problems for me at airport when I visit the US with my non-immigrant B visa?
I mean, I’m sure they can see on their central systems that I have immigration intent?
Or will this only happen when I apply for B visa renewal at US embassy?

There are DV selectees (or non DV selectees) who successfully entered the US for brief periods of time after they had already demonstrated their immigrant intents with the DS260 submission. If the IO at the POE is convinced as to the genuineness of the claimed reason for your visit, they will admit you. Just make sure you truthfully answer any question asked including the immigrant intent if the question comes up.

 

[kolopoi0]

While it is a good idea to already have the OPT approval in place prior to filing for AOS, there’s no formal requirement for it. You can send in your AOS package before receiving the OPT approval.

Thank you so much for this.

So just for peace of mind I would appreciate it if you could check if I am understanding this correctly.

So my EAD card obtaining via OPT won't be denied if I send my AOS package lets say 15 days after I initiated the paperwork for OPT EAD as I will have showed inmigration intend? I read that there is no relation between the two, but just wanted to confirm.

Thanks again!

 

[Youn]

1. If proof of medical insurance is one of the factors used in assessing the likelihood of becoming a public charge and your wife has no such proof in support of her AOS application, how do you think that will impact her case? That should answer your question, right?

2. I think you need to take another look at the AOS process spreadsheet - there’s a tab dedicated to public charge with lots of useful information.

1. Thank you for your response. I am going to purchase her health insurance.

2. Based on AOS spreadsheet Medicaid for aliens under 21 years of age is not considered a public charge. Does this affect the totality of our case? Further, I will also provide the i-134 along with my documents.

Very best regards,

 

[Sm1smom]

1. Thank you for your response. I am going to purchase her health insurance.

2. Based on AOS spreadsheet Medicaid for aliens under 21 years of age is not considered a public charge. Does this affect the totality of our case? Further, I will also provide the i-134 along with my documents.

Very best regards,

I don’t know the full details of your case like you do, so I can’t comment on the totality of it. That is why you need to use the totality of the circumstance worksheet I already provided on the spreadsheet to conduct your own assessment.

 

[Youn]

I don’t know the full details of your case like you do, so I can’t comment on the totality of it. That is why you need to use the totality of the circumstance worksheet I already provided on the spreadsheet to conduct your own assessment.

You are right. Regardless of the totality of the circumstance, I would like to make sure that I understood this accurately: my kid's Medicaid is not considered a public charge. Right?

Thank you,

 

[Sm1smom]

You are right. Regardless of the totality of the circumstance, I would like to make sure that I understood this accurately: my kid's Medicaid is not considered a public charge. Right?

Thank you,

USCIS - Public Charge - Which benefits are considered for the purposes of this rule? 

"DHS also will not consider:  

• The receipt of Medicaid for the treatment of an emergency medical condition;  
• Services or benefits funded by Medicaid but provided under the Individuals with Disabilities Education Act;  
• School-based services or benefits provided to individuals who are at or below the oldest age eligible for secondary education as determined under state or local law;  
• Medicaid benefits received by an alien under 21 years of age; or  
• Medicaid benefits received by a woman during pregnancy and during the 60-day period beginning on the last day of the pregnancy.

The final rule also clarifies that DHS will only consider public benefits received directly by the applicant for the applicant’s own benefit, or where the applicant is a listed beneficiary of the public benefit. DHS will not consider public benefits received on behalf of another as a legal guardian or under power of attorney for such a person. DHS will also not attribute receipt of a public benefit by one or more members of the applicant’s household to the applicant, unless the applicant is also a listed beneficiary of the public benefit. 

DHS will not consider the application for, certification or approval to receive, or receipt of certain previously excluded non-cash public before Feb. 24, 2020, and will not weigh heavily the receipt of previously included public benefits (such as cash assistance for income maintenance and long-term institutionalization) if received before Feb. 24, 2020."

 

[Youn]

USCIS - Public Charge - Which benefits are considered for the purposes of this rule? 

"DHS also will not consider:  

• The receipt of Medicaid for the treatment of an emergency medical condition;  
• Services or benefits funded by Medicaid but provided under the Individuals with Disabilities Education Act;  
• School-based services or benefits provided to individuals who are at or below the oldest age eligible for secondary education as determined under state or local law;  
• Medicaid benefits received by an alien under 21 years of age; or  
• Medicaid benefits received by a woman during pregnancy and during the 60-day period beginning on the last day of the pregnancy.

The final rule also clarifies that DHS will only consider public benefits received directly by the applicant for the applicant’s own benefit, or where the applicant is a listed beneficiary of the public benefit. DHS will not consider public benefits received on behalf of another as a legal guardian or under power of attorney for such a person. DHS will also not attribute receipt of a public benefit by one or more members of the applicant’s household to the applicant, unless the applicant is also a listed beneficiary of the public benefit. 

DHS will not consider the application for, certification or approval to receive, or receipt of certain previously excluded non-cash public before Feb. 24, 2020, and will not weigh heavily the receipt of previously included public benefits (such as cash assistance for income maintenance and long-term institutionalization) if received before Feb. 24, 2020."

Thank you for your continued support!

 

[Wow_277]

Hello mom,
I applied for my ds260 since November 9 th, I did not receive any response yet, is it normal? Should I email them for it?

 

[mmraz]

People in the following visa category are however exempt from needing to have an approved AP before travelling: L1/L2, H1/H4 as these are dual intent visas

What is a "H1" visa? Unless I'm mistaken there is no such thing, and if it's supposed to refer to all visas starting with "H1" then these are NOT all dual intent.

 

[Sm1smom]

What is a "H1" visa? Unless I'm mistaken there is no such thing, and if it's supposed to refer to all visas starting with "H1" then these are NOT all dual intent.

Of course there’s no such thing as “H1”, as a matter of fact, I’m not aware of any other currently valid visa type that starts with "H1" outside of H1B, so your statement re “if it's supposed to refer to all visas starting with "H1” then these are NOT all dual intent” makes absolutely no sense to me.

By the way, anyone familiar with a dual intent visa and in view of the context in which the quoted “H1” is written should be able to deduce it was meant to be written as H1B, but the “B” part was obviously omitted.

 

[Sm1smom]

Hello mom,
I applied for my ds260 since November 9 th, I did not receive any response yet, is it normal? Should I email them for it?

No big deal if you’re yet to receive the 2NL or if it doesn’t even show up at all. There’s no need to contact or follow up with KCC on that, the 2NL is not an issue for AOS.

 

[Milz]

Good afternoon folks,

Since many of you guys might be students (like myself) and care about financial issues, I'd like to share my experience about CS here.

I already had confirmed the costs upfront with CS (something like 350$); Today, I talked to them again and asked for any possible discount in case I bring my lab tests. They told me that the cost would be 150$ if I provide the following:

- Syphilis blood test
- Quantiferon (TB test)
- Gonorrhoeae Urine test
- Vaccination records (TDAP, Flu, and MMR are free in Walgreens/Costco pharmacies with most university insurances)

The first 3 tests are covered through my university insurance. So, please do the same before checking in to the CS for your medical appointment.

Cheers,

 

[bbs01]

Good afternoon folks,

Since many of you guys might be students (like myself) and care about financial issues, I'd like to share my experience about CS here.

I already had confirmed the costs upfront with CS (something like 350$); Today, I talked to them again and asked for any possible discount in case I bring my lab tests. They told me that the cost would be 150$ if I provide the following:

- Syphilis blood test
- Quantiferon (TB test)
- Gonorrhoeae Urine test
- Vaccination records (TDAP, Flu, and MMR are free in Walgreens/Costco pharmacies with most university insurances)

The first 3 tests are covered through my university insurance. So, please do the same before checking in to the CS for your medical appointment.

Cheers,

Thanks for sharing. My CS also agreed to separate the bills into consultation (~$190) + tests needed. Since USCIS requires specific tests, she asked me to take her order to my PCP to ensure the insurance-covered tests and vaccines are qualified ones. I ended up having most of the tests and vaccines at no cost, except for the Quantiferon (TB test).