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DV 2021 AOS Only

ishmog said:
Thank you for shedding some light on this Raphael.
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I don't think you have to worry. Your situation is totally normal for an international student.

Also, there are many people here who are super helpful and more knowledgeable and I'm sure they'll be able to give you the answers you need.
 
Emmanuel Kay said:
Hello everyone,
I think Usps lost my docs. They emailed me this morning saying they don’t know where my package is. That I should fill a claim for missing mail.
Please can I resubmit my docs. At this point.? Or should wait a week more.?
Thank you
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This is a judgment call you’ll have to make on your own at this point.
 
raphael1899 said:
I don't think you have to worry. Your situation is totally normal for an international student.

Also, there are many people here who are super helpful and more knowledgeable and I'm sure they'll be able to give you the answers you need.
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Thank you Raphael. I guess my best bet is to get a job hopefully in the near future before I get to file my case.
 
88lucky21 said:
Hi mom!

For Form I-485,

1. Part 7 - Biographic Information - I am of Asian ethnicity and my hair and eye color is sometimes seen as black and sometimes brown. Really it's a dark brown in my opinion though there is no such option. Is this detrimental to my application if the person reviewing my application disagrees with my input here?

2. Part 8 - General Eligibility and Inadmissibility Grounds - Was hoping for some clarification on the extent of information they wanted on this part? I assume this part refers more to groups that are officially recognized with specific goals/agendas. e.g. I was a part of a business society back in university though was in no way/shape/form the face of it etc. Is that relevant to this or ok to skip this?

Thank you!
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1. Don’t overthink this. Put down whatever is the closest option on the form to the color of your eyes.

2. Your call. When I went through the process, I included school clubs, honor membership organizations, etc as a matter of fact. Also remember, the question says “any”
 
Hello everyone,

I hope you guys are well. I just received my 3 NOA's today and have some confusions I would love for you guys to clear for me:

1)In all the letters, it says "If this notice contains a priority date, this priority date does not reflect earlier retained priority dates". This didn't make sense to me for some reason, can anyone tell me what this means?
2)I was expecting to see on my NOA updates about my biometrics (of whether I'm going to take my biometrics or not). Is the fact that the biometrics exemption is not mentioned on my NOA means I'm gonna have to take it? Because I saw on google that the biometric exemption shows on the NOA.
3)I have set up the USCIS account, added my receipts, and got my NOA. Is there anything I have to do now or just wait for the Biometrics notice?

Thank you, everyone for the help, I really really appreciate it.
 
Emmanuel Kay said:
Thank you mom. Please will it affect me in anyway if I submit another application.? Thanks again.
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You certainly can’t have two applications based on the same petition running in the system at the same time. If both applications end up making their way to the Chicago Lockbox, you will have to withdraw one, if the withdrawal request is after the payment has already been cashed, that payment will not be refunded. Other than that, there’s no other negative impact (as long as one application gets withdrawn).
 
ishmog said:
I have a question related to the Public Charge Rule and how it affects college students on F-1 Visa. Basically, I have to prove that I will not become financially dependent on the government for subsistence. I don't have a family sponsor in the U.S to file the I-134 Affidavit of Support. I'm graduating in May 2021 and I'm trying to find a job/internship to avoid becoming a public charge when I file my case. But given the COVID situation, it's tough to find one, plus most companies don't hire international students.

So my question is what are some ways that DV lottery winners who are also college students (F-1) can avoid becoming a public charge in my case?
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Have you taken a look at the Totality of the Circumstance worksheet and other highly valuable resources listed on the Public Charge tab of the AOS process spreadsheet? I suggest you start from there.
 
jewelmerit1995 said:
Hello everyone,

I hope you guys are well. I just received my 3 NOA's today and have some confusions I would love for you guys to clear for me:

1)In all the letters, it says "If this notice contains a priority date, this priority date does not reflect earlier retained priority dates". This didn't make sense to me for some reason, can anyone tell me what this means?
2)I was expecting to see on my NOA updates about my biometrics (of whether I'm going to take my biometrics or not). Is the fact that the biometrics exemption is not mentioned on my NOA means I'm gonna have to take it? Because I saw on google that the biometric exemption shows on the NOA.
3)I have set up the USCIS account, added my receipts, and got my NOA. Is there anything I have to do now or just wait for the Biometrics notice?

Thank you, everyone for the help, I really really appreciate it.
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1. The NOA template is a generic one, some of the information it contains is not applicable to everyone. The above quoted section is not applicable to DV based AOS applications, ignore it.

2. What? Expecting to see Bio exemption listed on the NOA for the AOS package acceptance??? Where is this expectation coming from? On side note, is there any particular reason why you think the bio could be waived for your case? Have you gone through the bio process with USCIS for some other case in the past one year or so? Seems to me like you haven’t quite paid the right attention to the right source while you’re busy going all over Google looking for something that has already been simplified and made readily available to you.

3. My honest recommendation for you is to go through the AOS Process Spreadsheet (again) - review the AOS Process tab (all the columns and cells), also pay some attention to the NBC_Lockbox_FO tab.
 
Sm1smom said:
You certainly can’t have two applications based on the same petition running in the system at the same time. If both applications end up making their way to the Chicago Lockbox, you will have to withdraw one, if the withdrawal request is after the payment has already been cashed, that payment will not be refunded. Other than that, there’s no other negative impact (as long as one application gets withdrawn).
Click to expand...

Thank you really appreciate your help.
 
ishmog said:
I have a question related to the Public Charge Rule and how it affects college students on F-1 Visa. Basically, I have to prove that I will not become financially dependent on the government for subsistence. I don't have a family sponsor in the U.S to file the I-134 Affidavit of Support. I'm graduating in May 2021 and I'm trying to find a job/internship to avoid becoming a public charge when I file my case. But given the COVID situation, it's tough to find one, plus most companies don't hire international students.

So my question is what are some ways that DV lottery winners who are also college students (F-1) can avoid becoming a public charge in my case?
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Fid anyone here to fill the I-134 form for you. No need to be a family. any resident.
 
Sm1smom said:
Have you taken a look at the Totality of the Circumstance worksheet and other highly valuable resources listed on the Public Charge tab of the AOS process spreadsheet? I suggest you start from there.
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Hi Mom,

Thank you for replying. From what I read on the Totality of the Circumstance worksheet, I seem to check all the positive factors in terms of health, education, insurance, not receiving any public benefits etc.

The only things that I'm unsure is financial stability in the sense that I'm not earning any income at the moment. Do you think they will be more lenient for this fiscal year since the pandemic has caused a lot of people to lose jobs?
 
Sm1smom said:
1. The NOA template is a generic one, some of the information it contains is not applicable to everyone. The above quoted section is not applicable to DV based AOS applications, ignore it.

2. What? Expecting to see Bio exemption listed on the NOA for the AOS package acceptance??? Where is this expectation coming from? On side note, is there any particular reason why you think the bio could be waived for your case? Have you gone through the bio process with USCIS for some other case in the past one year or so? Seems to me like you haven’t quite paid the right attention to the right source while you’re busy going all over Google looking for something that has already been simplified and made readily available to you.

3. My honest recommendation for you is to go through the AOS Process Spreadsheet (again) - review the AOS Process tab (all the columns and cells), also pay some attention to the NBC_Lockbox_FO tab.
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2)I just thought maybe because i had my biometrics when i had my visa so they would just use that instead.
3)I already went through them but i just read them again. I just wanted to know if there's anything for me to do in order to get my biometric notice or does it come on its own. I'm assuming because it's not mentioned on the spreadsheet meaning we just have to wait but I just want to double check

Thanks for the help
 
ishmog said:
Hi Mom,

Thank you for replying. From what I read on the Totality of the Circumstance worksheet, I seem to check all the positive factors in terms of health, education, insurance, not receiving any public benefits etc.

The only things that I'm unsure is financial stability in the sense that I'm not earning any income at the moment. Do you think they will be more lenient for this fiscal year since the pandemic has caused a lot of people to lose jobs?
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You do understand "totality of the circumstance" means the IO cannot use a single factor to determine an applicant is or is not a potential public charge? Did you pay attention to the step by step guide at the top of the worksheet which describes how the IO is required to apply the "totality of the circumstance"? I will post it below to make it easier for you (the bold and underlined sections done by me for emphasis):

Step 1.
Evaluate all of the facts, circumstances, and evidence in the record to determine whether factors in the analysis are positive or negative. Some factors may be interrelated.

Step 2.
Weigh all factors individually and cumulatively. Assess the weighted degree to which each factor that is negative or positive.1
  • Certain enumerated factors will weigh heavily in favor of finding that an alien is not likely to become a public charge or finding that an alien is likely to become a public charge.
  • The weight given to an individual factor not designated a heavily weighted factor depends on the particular facts and circumstances of the case and the relationship of the individual factor to other factors in the analysis.
  • Multiple factors operating together will carry more weight to the extent those factors in tandem show that the alien is more or less likely than not to become a public charge in the future.

Step 3.
Determine whether the applicant is likely or not likely to become a public charge at any time in the future.
  • Not inadmissible based on public charge – The applicant’s positive factors outweigh the applicant’s negative factors, such that the alien is not likely to receive one or more public benefits above the designated threshold at any time in the future.
  • Inadmissible based on public charge – The applicant’s negative factors outweigh the alien's positive factors, such that the alien is more likely than not to receive one or more public benefits above the designated threshold at any time in the future.
I also recommended going through the links I provided on the Public Charge tab (in addition to reviewing the totality of the circumstance worksheet, it doesn't seem to me like you did. You would have seen the section that talks about lack of employability being a heavily weighted negative factor which however does not apply to full-time students.

Spend some sometime going over the USCIS Manual - Public Charge Ground of Inadmissibility like I already suggested.
 
Sm1smom said:
While I understand the desperation, my response is still the same though. Entering the US on a NIV with a preconceived intent of filing for AOS is considered a fraudulent use of the NIV.

Did you already submit your DS260 form with CP prior to coming to the US?
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Sorry to bother you again, I took your advice and I am going through CP route in the DS260. If I may ask just a couple follow up questions: does this constitute immigrant intent enough to not be allowed back in at the airport if I go see my family at some point during my studies?
If something goes wrong (Biden extends the ban, Anunciato does not provide relief, etc) could I change to AOS? This is still all very confusing and I don't want to waste my DV. But given your advice, of course that would only be my last desperate attempt at not losing it for good if everything else fails.
Thank you and sorry for bothering you again
 
Sm1smom said:
1. Initial permission. The AOS based EAD is completely different from your existing OPT authorization.

2. The AOS based EAD application is separate from your existing OPT, that information is not relevant. Don’t create unnecessary confusion for your case by providing irrelevant information.
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Thank you for getting back to me so quickly Mom! One more question for part 2 question 12 "have you previously filed form I-765?" would this be Yes as I filed it for my OPT or bc this is a different reason would I put no.

I really appreciate all of your help!
 
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