DV 2022 AOS (Adjustment of Status) Only

Sm1smom

Super Moderator
Congratulations on your selection for DV 2022.

This Thread is intended for DV 2022 selectees currently based in the US who wish to proceed with their selection by processing AOS (Adjustment of Status).

The AOS process may initially seem complicated and confusing; and you probably have a gazillion questions to ask. But before you start doing so, please take some time and go through the AOS Process Spreadsheet (link below). It has a step by step guide on DV based AOS process. If you have follow up questions AFTER going through the spreadsheet, then feel free to post them on this Thread.

DISCLAIMER:
The spreadsheet is a GUIDE based on collections of experience - it is not USCIS sanctioned (but definitely more detailed than any information you can get directly from USCIS - either in person or on the phone). It is also a lot more reliable than what you will get from most immigration attorneys. However, please remember, while you may be relying on this spreadsheet and the subsequent guidance you will get in this forum free of charge, you're still personally responsible for your own case at the end of the day.

Good luck!

AOS Process Spreadsheet

And for if you're wondering "how do I complete the DS260 form"? Completing the DS260 for DV lottery entrants by Simon is your go to source.
 

charliewilliams

New Member
Hey! DV2022 winner here (OC0000006xx)

Just wondering if I should process paperwork ASAP or wait until closer to being called? I'm going to France and Spain in Sept for a wedding and am currently on a non immigrant E3 visa valid until Oct 22. Wondering if the application being lodged will be a flag at immigration.

I also won DV2020 and missed my interview because of covid delays and quarantine laws, so I guess there's still a (very) outside chance I could get that but I'm not sure if they'll move that case to AoS.
 

Sm1smom

Super Moderator
Hey! DV2022 winner here (OC0000006xx)

Just wondering if I should process paperwork ASAP or wait until closer to being called? I'm going to France and Spain in Sept for a wedding and am currently on a non immigrant E3 visa valid until Oct 22. Wondering if the application being lodged will be a flag at immigration.

I also won DV2020 and missed my interview because of covid delays and quarantine laws, so I guess there's still a (very) outside chance I could get that but I'm not sure if they'll move that case to AoS.
Congratulations on your DV2022 section.

You need to start by going through the first post on this thread. Then go through the AOS Process Spreadsheet linked above to help you better understand the process. Don’t rush into submitting anything without taking out the needed time to get some understanding of this process.

The AOS process wasn’t impacted by the issues which affected DV2020 selectees CPers, so don’t count on being able to process DV2020 via AOS should there be a way forward for some to eventually benefit from the visas set aside following Judge Mehta’s ruling.
 

Jack_W

New Member
Hi there, I just checked and saw I was selected with the OC11XX range. I have read through the spreadsheet and watched Simon's videos but had a question still that I was wondering if someone with more experience could help with.

Is there a way to determine how confident you can be in the CN being low enough to be called within time to process? 11XX seems like it is likely pretty safe from the videos I watched but really not sure. This is important for me because I am here on an E3 visa and married to a US Citizen (as of a month ago). We have engaged with a IL and signed our GC by Marriage application documents literally yesterday because I didn't think I would win. They have not been sent in and I have already told the lawyers to hold off. Given how long the GC by marriage application can take and the fact that I would only get the 2 year provisional GC, I feel this may be a better option for me. However, I am concerned I may run out of time before my E3 ends in Dec 2022. I would hate to hold off on applying through marriage and then not get an interview for DV and end up unemployed for months because I have to apply for marriage GC again after Sep 2022.

Does anybody have any suggestions on how I could judge the viability of my CN for 2022 as early as possible? Thank you for your help. Apologies if I am missing something obvious, I am very excited.
 

tintin2022

New Member
Hi @Sm1smom,

I checked the DV lottery website today, and I was selected with the AS10XX range. I was on an F1 visa since 2017, and in November 2020, my OPT ended, but I filed an asylum case during the 60 days grace period after my OPT ends. (5 days after my OPT ended) My EAD card will arrive soon, and I wasn't in an unlawful status since 2017. I kept my F-1 visa. Is there any way to adjust the status and get the green card through the DV lottery?

Appreciate your time and help.
 
Last edited:

Chip22

New Member
Hi there, I just checked and saw I was selected with the OC11XX range. I have read through the spreadsheet and watched Simon's videos but had a question still that I was wondering if someone with more experience could help with.

Is there a way to determine how confident you can be in the CN being low enough to be called within time to process? 11XX seems like it is likely pretty safe from the videos I watched but really not sure. This is important for me because I am here on an E3 visa and married to a US Citizen (as of a month ago). We have engaged with a IL and signed our GC by Marriage application documents literally yesterday because I didn't think I would win. They have not been sent in and I have already told the lawyers to hold off. Given how long the GC by marriage application can take and the fact that I would only get the 2 year provisional GC, I feel this may be a better option for me. However, I am concerned I may run out of time before my E3 ends in Dec 2022. I would hate to hold off on applying through marriage and then not get an interview for DV and end up unemployed for months because I have to apply for marriage GC again after Sep 2022.

Does anybody have any suggestions on how I could judge the viability of my CN for 2022 as early as possible? Thank you for your help. Apologies if I am missing something obvious, I am very excited.
Hi Jack, I'm pretty new here myself but have been reading a lot about the process in this forum and Simon's blog.
He has a post about the Visa Bulletin and the data from previous years. Maybe this helps to get a better feeling for your case?
britsimonsays.com/historical-visa-bulletin-numbers
 

Sm1smom

Super Moderator
Hi there, I just checked and saw I was selected with the OC11XX range. I have read through the spreadsheet and watched Simon's videos but had a question still that I was wondering if someone with more experience could help with.

Is there a way to determine how confident you can be in the CN being low enough to be called within time to process? 11XX seems like it is likely pretty safe from the videos I watched but really not sure. This is important for me because I am here on an E3 visa and married to a US Citizen (as of a month ago). We have engaged with a IL and signed our GC by Marriage application documents literally yesterday because I didn't think I would win. They have not been sent in and I have already told the lawyers to hold off. Given how long the GC by marriage application can take and the fact that I would only get the 2 year provisional GC, I feel this may be a better option for me. However, I am concerned I may run out of time before my E3 ends in Dec 2022. I would hate to hold off on applying through marriage and then not get an interview for DV and end up unemployed for months because I have to apply for marriage GC again after Sep 2022.

Does anybody have any suggestions on how I could judge the viability of my CN for 2022 as early as possible? Thank you for your help. Apologies if I am missing something obvious, I am very excited.
You’ll need to take a look at past VBs in order to guesstimate when your CN is likely to become current. Bear in mind, unforeseen circumstances can make what originally appears certain to end up becoming unattainable, e.g Trump happened for DV2020, COVID-19 for DV2021.
 

Sm1smom

Super Moderator
Hi @Sm1smom,

I checked the DV lottery website today, and I was selected with the AS10XX range. I was on an F1 visa since 2017, and in November 2020, my OPT ended, but I filed an asylum case during the 60 days grace period after my OPT ends. (5 days after my OPT ended) My EAD card will arrive soon, and I wasn't in an unlawful status since 2017. I kept my F-1 visa. Is there any way to adjust the status and get the green card through the DV lottery?

Appreciate your time and help.
The only way to find out is by giving it a shot. Not unless you want to withdraw your pending asylum petition and go process CP.
 

SusieQQQ

Well-Known Member
Hi there, I just checked and saw I was selected with the OC11XX range. I have read through the spreadsheet and watched Simon's videos but had a question still that I was wondering if someone with more experience could help with.

Is there a way to determine how confident you can be in the CN being low enough to be called within time to process? 11XX seems like it is likely pretty safe from the videos I watched but really not sure. This is important for me because I am here on an E3 visa and married to a US Citizen (as of a month ago). We have engaged with a IL and signed our GC by Marriage application documents literally yesterday because I didn't think I would win. They have not been sent in and I have already told the lawyers to hold off. Given how long the GC by marriage application can take and the fact that I would only get the 2 year provisional GC, I feel this may be a better option for me. However, I am concerned I may run out of time before my E3 ends in Dec 2022. I would hate to hold off on applying through marriage and then not get an interview for DV and end up unemployed for months because I have to apply for marriage GC again after Sep 2022.

Does anybody have any suggestions on how I could judge the viability of my CN for 2022 as early as possible? Thank you for your help. Apologies if I am missing something obvious, I am very excited.
a couple of other thoughts :
- if you do dV please don’t have the lawyer do that case for you. Use the spreadsheet. Lawyers mostly have no DV experience
- a lawyer has more work (charges more) with a marriage based case so bear that in mind when looking for ”recommendations“ (yes, I’m cynical)
- overall Dv is certainly way better as you have already worked out ...other than the case number uncertainty. If it’s not a huge financial issue and seeing as you already have all the paperwork done for marriage based, I’d actually do both, treating the fees for the marriage based filing as insurance in case the DV doesn’t work out.
 
Last edited:

tintin2022

New Member
The only way to find out is by giving it a shot. Not unless you want to withdraw your pending asylum petition and go process CP. contry
Does this mean I have to leave the country and go to the embassy again? Is there a way to not withdraw from the asylum because I might get denied and then I have to leave the country. I'm in CA. It's been only 5 months that my OPT has finished. Can I get another F-1 visa while I'm on asylum? I remember when I wanted to file for asylum, I asked my lawyer to keep my F-1 visa in order if I lose the asylum case, I can stay in the country but he said if I were you I wouldn't spend money for another F-1 visa. I'm so sad that I did listen to him because I was going to apply for another F-1 :(
 

Sm1smom

Super Moderator
Does this mean I have to leave the country and go to the embassy again? Is there a way to not withdraw from the asylum because I might get denied and then I have to leave the country. I'm in CA. It's been only 5 months that my OPT has finished. Can I get another F-1 visa while I'm on asylum? I remember when I wanted to file for asylum, I asked my lawyer to keep my F-1 visa in order if I lose the asylum case, I can stay in the country but he said if I were you I wouldn't spend money for another F-1 visa. I'm so sad that I did listen to him because I was going to apply for another F-1 :(
CP is via US embassy/consulate, so yes it involves leaving the US. With a pending asylum application, once you depart from the US, that application becomes abandoned, even if it isn’t formally withdrawn by you. You cannot switch back to a F1 status from within the US since you’ve already rolled over to asylum pending, doesn’t matter if it’s only been one day or 5 months.
 

Jack_W

New Member
a couple of other thoughts :
- if you do dV please don’t have the lawyer do that case for you. Use the spreadsheet. Lawyers mostly have no DV experience
- a lawyer has more work (charges more) with a marriage based case so bear that in mind when looking for ”recommendations“ (yes, I’m cynical)
- overall Dv is certainly way better as you have already worked out ...other than the case number uncertainty. If it’s not a huge financial issue and seeing as you already have all the paperwork done for marriage based, I’d actually do both, treating the fees for the marriage based filing as insurance in case the DV doesn’t work out.
Hi SusieQQQ,

Thank you for your input. Appreciate it.

I agree lawyer has the incentive to keep our business so will be wary of their advice but also willing to consider the cost as sunk as we have already paid and I doubt they will reimburse. Is it possible to apply for both at the same time? Will one AOS request not cancel the other? If not, absolutely think going with both is the best idea. Did not think that was an option. Interestingly enough, I am a NZ and AUS citizen, currently on Aus E3 but applied for DV under NZ chargability so potentially, I would have two different AOS requests under two passports at the same time.
 

SusieQQQ

Well-Known Member
Hi SusieQQQ,

Thank you for your input. Appreciate it.

I agree lawyer has the incentive to keep our business so will be wary of their advice but also willing to consider the cost as sunk as we have already paid and I doubt they will reimburse. Is it possible to apply for both at the same time? Will one AOS request not cancel the other? If not, absolutely think going with both is the best idea. Did not think that was an option. Interestingly enough, I am a NZ and AUS citizen, currently on Aus E3 but applied for DV under NZ chargability so potentially, I would have two different AOS requests under two passports at the same time.
Afaik its possible to have two parallel AOS applications - I’m sure @Sm1smom will correct me if I’m wrong on this.
 

Sm1smom

Super Moderator
Hi SusieQQQ,

Thank you for your input. Appreciate it.

I agree lawyer has the incentive to keep our business so will be wary of their advice but also willing to consider the cost as sunk as we have already paid and I doubt they will reimburse. Is it possible to apply for both at the same time? Will one AOS request not cancel the other? If not, absolutely think going with both is the best idea. Did not think that was an option. Interestingly enough, I am a NZ and AUS citizen, currently on Aus E3 but applied for DV under NZ chargability so potentially, I would have two different AOS requests under two passports at the same time.
Yes, you can have multiple applications in the system at the same time. Upon approval, the second application gets cancelled. And for the DV based AOS, the passport you use is irrelevant. The passport is not used in determining DV eligibility.
 

Jack_W

New Member
Yes, you can have multiple applications in the system at the same time. Upon approval, the second application gets cancelled. And for the DV based AOS, the passport you use is irrelevant. The passport is not used in determining DV eligibility.
Thank you both so much for your speedy reply. I appreciate it greatly. Submitting both definitely sounds like my best option then. I hope the fact that I am now married but listed single in the application will not be an issue but don't think so especially since it was true at the time and also my spouse is a US citizen so not going to take up a visa. One step at a time :) I feel really lucky to have this opportunity as does my wife!
 

tintin2022

New Member
CP is via US embassy/consulate, so yes it involves leaving the US. With a pending asylum application, once you depart from the US, that application becomes abandoned, even if it isn’t formally withdrawn by you. You cannot switch back to a F1 status from within the US since you’ve already rolled over to asylum pending, doesn’t matter if it’s only been one day or 5 months.
Appreciate your response. I will keep my asylum case and fight for the DV one. I'm sure if I leave the country, the chance of getting back to the U.S. would be low. I Hope the Biden administration can help.
 

quano

New Member
Hi all - was selected in the diversity visa process (OC4XX) and had a question about how I should proceed with an AOS application. I'm currently working in the states on CPT with an expired F-1 visa but have also been approved for the H-1B for a consular processing petition (which requires me to leave the country to an overseas embassy to activate). Do I need to switch my visa status over to the H-1B before proceeding with the diversity visa processing? Please let me know - thanks!
 

tintin2022

New Member
Hi all - was selected in the diversity visa process (OC4XX) and had a question about how I should proceed with an AOS application. I'm currently working in the states on CPT with an expired F-1 visa but have also been approved for the H-1B for a consular processing petition (which requires me to leave the country to an overseas embassy to activate). Do I need to switch my visa status over to the H-1B before proceeding with the diversity visa processing? Please let me know - thanks!
What do you mean expired F-1 while you're working on CPT? How is it possible? Usually, CPT is part of a program.
 

raphael1899

Well-Known Member
What do you mean expired F-1 while you're working on CPT? How is it possible? Usually, CPT is part of a program.
As long as you have a valid I20 and maintain your student status, it's fine even if the visa is expired. If you leave the country, then you need to renew it to reenter.
 
Top