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DV 2021 AOS Only

DV21M said:
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
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Hmmn no! I am quite sure I haven't advised you at any point in time regarding which route to go. I simply pointed out (based on your previous posts) it looks to me like you entered the US with a preconceived intent of filing AOS. It is important to set the record straight, hence this clarification before I answer your question.

Admission or re-admission to the US is always at the discretion of the IO at the POE (with or without a demonstrated immigrant intent). Only a USC is guaranteed an admission or re-admission. Having said that, I have to say I am not aware of any instance where a demonstrated immigrant intent has led to an admission refusal.

You can always change from CP to AOS at any point in time since you are already in the US, if that is the plan now, without necessary waiting to see the outcome of the pending court case or the removal of PP10014 ban. I clearly understand what a unique opportunity being a DV selectee represents and that you're trying to safeguard your selection by doing whatever you possibly can to ensure a successful outcome. I'm not hating on you for that, I just prefer to call out things as they appear to me. You might as well settle on processing AOS now since you're already in the US anyway, considering there's still a lot of unknowns with CP.
 
ausdoughnuts said:
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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'YES" would be the right response to that question.
 
@Sm1smom My mistake I should probably rephrase - If my number were to be current today, the process of filling forms, getting an interview all that, etc. would not be much faster through the CP?
 
jasperrrr.c said:
@Sm1smom My mistake I should probably rephrase - If my number were to be current today, the process of filling forms, getting an interview all that, etc. would not be much faster through the CP?
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You are aware of the pending issues currently facing CP, right? There's the PP10014 ban impacting CP, no CP interview has been scheduled to date despite the fact that some CNs are already current - we have no way of knowing in what order KCC will begin to schedule interview once the ban is either lifted or over, the time KCC need to complete document processing before current CNs get scheduled, etc. So basically too many unknowns when it comes to CP at this point.
 
Sm1smom said:
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.
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Thank you mom for clarifying some of the confusions that I had on the public charge rule. I should have paid more attentions to the documents on the public charge sheet. Some of the technical terms were hard to comprehend but now I feel more certain about it. I guess I was just worried and I needed a second opinion. Thank you again!
 
Sm1smom said:
Hmmn no! I am quite sure I haven't advised you at any point in time regarding which route to go. I simply pointed out (based on your previous posts) it looks to me like you entered the US with a preconceived intent of filing AOS. It is important to set the record straight, hence this clarification before I answer your question.

Admission or re-admission to the US is always at the discretion of the IO at the POE (with or without a demonstrated immigrant intent). Only a USC is guaranteed an admission or re-admission. Having said that, I have to say I am not aware of any instance where a demonstrated immigrant intent has led to an admission refusal.

You can always change from CP to AOS at any point in time since you are already in the US, if that is the plan now, without necessary waiting to see the outcome of the pending court case or the removal of PP10014 ban. I clearly understand what a unique opportunity being a DV selectee represents and that you're trying to safeguard your selection by doing whatever you possibly can to ensure a successful outcome. I'm not hating on you for that, I just prefer to call out things as they appear to me. You might as well settle on processing AOS now since you're already in the US anyway, considering there's still a lot of unknowns with CP.
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I mistook it then, I took it as advise (good and legitimate advice, I must say). I apologize for that.
I want to wait because I do want to go the CP route, I have always wanted to do that because I need to go back home anyways.
AOS would be the last desperate attempt. Obviously there's always the worry that it could be denied as well.
If everything else fails and I have to AOS, when would be the last opportunity to make that change?

And thank you for pointing out that you are not aware of that instance, that does make me feel less anxious. Basically, I just wish I would not have to jeopardize so many things (current F1 and studies program, future PhD and/or DV).

So, honestly, thank you for the help
 
DV21M said:
I mistook it then, I took it as advise (good and legitimate advice, I must say). I apologize for that.
I want to wait because I do want to go the CP route, I have always wanted to do that because I need to go back home anyways.
AOS would be the last desperate attempt. Obviously there's always the worry that it could be denied as well.
If everything else fails and I have to AOS, when would be the last opportunity to make that change?

And thank you for pointing out that you are not aware of that instance, that does make me feel less anxious. Basically, I just wish I would not have to jeopardize so many things (current F1 and studies program, future PhD and/or DV).

So, honestly, thank you for the help
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I’m sorry I can’t tell you a specific date, you’ll need to figure that out on your own. Look at both the current and past timeline spreadsheets to get an idea of DV based processing time per FO. Also bear in mind how long your specific background check takes could play a role on how long AOS may take for you.
 
Sm1smom said:
I’m sorry I can’t tell you a specific date, you’ll need to figure that out on your own. Look at both the current and past timeline spreadsheets to get an idea of DV based processing time per FO. Also bear in mind how long your specific background check takes could play a role on how long AOS may take for you.
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Oh okay, since it has to be done before September 30th, I was not sure if there was a deadline. I don't know the process so it is still all very confusing. Thank you so much.

PS: If there are any tips to figure it out besides the spreadsheets, please send them my way. All help is always welcome.
 
hi
wondering..does the interview scheduling done through the local office or benefit center and do they usually wait till they have received biometrics or is it independent?
 
Sm1smom said:
See the NBC_Lockbox_FO tab of the AOS process spreadsheet.
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Thank you i looked into it - however what i am trying to fig out is that, does the field office wait for bio to be done before interview , because i have seen people recieving interview before bio
 
dhanu159 said:
Thank you i looked into it - however what i am trying to fig out is that, does the field office wait for bio to be done before interview , because i have seen people recieving interview before bio[/QUOTE]

...
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Well you just answered your own question right?....
 
SusieQQQ said:
Well you just answered your own question right?....
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i guess -- sorry i should have worded it more spefically - i was trying to fig out that people recieveing interview before bio was an anomally or its just regular/normal process . reason am trying to fig this out is ..i was planning to call USCIS to see what they can do (if any)about getting me a interview date before my bio so that my wife will have enough time for FTJ.
 
dhanu159 said:
i guess -- sorry i should have worded it more spefically - i was trying to fig out that people recieveing interview before bio was an anomally or its just regular/normal process . reason am trying to fig this out is ..i was planning to call USCIS to see what they can do (if any)about getting me a interview date before my bio so that my wife will have enough time for FTJ.
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Not much is normal right now, including bio timing, because of COVID and the effects of short staff and backlogs.
 
dhanu159 said:
Thank you i looked into it - however what i am trying to fig out is that, does the field office wait for bio to be done before interview , because i have seen people recieving interview before bio
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Some do, some don’t. Each FO operates independently of each other.
 
dhanu159 said:
i guess -- sorry i should have worded it more spefically - i was trying to fig out that people recieveing interview before bio was an anomally or its just regular/normal process . reason am trying to fig this out is ..i was planning to call USCIS to see what they can do (if any)about getting me a interview date before my bio so that my wife will have enough time for FTJ.
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Even if you get an interview date before your bio, your FO can still cancel the interview when you do show up and reschedule it for after you’ve done the bio. Also note, if your interview happens before bio, no decision will be until you’ve done the bio and cleared your background check, it is only after all these before your wife’s FTJ process will begin.
 
About my name correction journey, I sent the supporting documents to NBC and they were delivered on 01/02. When I called the call center they said something was received on 01/08 for my case but they don’t know what it is and they told me to wait 30 days for seeing an update. I followed up after 30 days, they created a new request since my name is still swapped in their system. Then, my field office sent an email again saying I should send supporting documents to NBC to correct the mistake... I feel like I will never fix this issue and end up having my GC with the wrong name :(
 
gg96 said:
About my name correction journey, I sent the supporting documents to NBC and they were delivered on 01/02. When I called the call center they said something was received on 01/08 for my case but they don’t know what it is and they told me to wait 30 days for seeing an update. I followed up after 30 days, they created a new request since my name is still swapped in their system. Then, my field office sent an email again saying I should send supporting documents to NBC to correct the mistake... I feel like I will never fix this issue and end up having my GC with the wrong name :(
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In my case field office sent an email saying to get it fixed during the interview so i just let it be . Mine was however an error on the DOB year. I hope yours get resolved soon
 
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