Thank you so much for your response! Really appreciate your time helping me (and others here as I can tell). I did choose AOS in my DS260, hence the confusion.
A couple of follow-up questions if you don't mind:
1. "There’s no processing priority with AOS, the only thing that matters in the CN being current." - Is there a chance that the pool of remaining visas got exhausted by the time I submit my packet?
2. Is it better to wait till the fee ($330) is processed or submit the packet as is (indicating that the payment is pending)? I understand that this way I'd lose the chance for my interview to be waived, so this would heavily depend on the answer for #1.
3. "Outside of those, there’s nothing else an attorney can do that you cannot do yourself, they cannot fast track the process or guarantee an approval." Over years in the US, I've accumulated a couple of "lapses" in my current status. Those were likely "mended" by subsequent filings/renewals, but that's my only concern to consider an attorney's help (assuming that they can help word responses properly and/or accompany me on the interview). Is that a reasonable assumption or likely that the return on investment would be negligible?
Again, many thanks for you help - your generously donating your time and expertise means so much to me!
1. Let me put it this way: is there a chance that the pool of remaining visas got exhausted for someone who filed their AOS application in
Oct 2021 and is only able to get interviewed in
September 2022? Of course, there's always that possibility. Another question: is there a chance for someone who files for AOS in July 2022 to successfully complete the process by Sept. 2022 and get issued with a GC? Of course that's also possible. I said all of the above to say anything is possible, each case processing depends on several factors such as the an applicant's ability to successfully clear the background check in a timely manner, the workload of the FO with jurisdiction over the case, IO's decision to approve a case with or without an interview, the chargeable region and their rate of visa issue progression, etc.
2. You decide on that based on what you know. I can not tell you if it is better to wait or not, my job here is to provide you with the applicable background information, you make your own choice on how to proceed.
3. You honestly expect me to be able to tell you if hiring an immigration attorney will be worth the return on investment or not based on telling me you've had a "couple of lapses" which were "likely mended"? Of course if you're willing to pay the applicable fees to be accompanied by an attorney to your interview, they will make themselves available to do that. It however does not mean the attorney accompanying you will be answering whatever question the IO asks you, an attorney's presence will equally not stop the IO from asking about the "lapses" should they require further clarifications on those. So basically, you need to make the call on "how much" getting a GC via visa lottery is worth to you.
IMHO, the issue you need to be figuring out now (which I honestly think you actually should have tried to figure out as soon as you learned of your DV selection) is if you meet the eligibility requirements to process your selection via AOS. Per the
USCIS Manual, someone who "has
ever failed to continuously maintain a lawful status since entry into the United States, unless his or her failure to maintain status was through no fault of his or her own or for technical reasons is not eligible to adjust status". So based on this, I highly recommend you get a legal opinion first, engage in a couple of initial consultations with more than one reputable immigration attorney even if you eventually decide to file for AOS on your own without hiring them based on what they tell you.
