DV 2022 AOS (Adjustment of Status) Only

Sm1smom

Super Moderator
Hello everyone, I am absolutely amazed by the usefulness of this forum. A special thank you to @Sm1smom for the incredibly valuable spreadsheet and all the support.

I've been selected in the DV2022 lottery (CN 2022EU14xxx) and I'm currently in the US on an E-2 NIV with an I-94 valid until April 2023. I'm trying to better understand if travel before filing the AOS will still be possible. So far I've learned that an AOS case should not be filed within 90 days after entering the US to avoid the assumption of fraud and that (the optional first step) filing the DS-260 shows immigrant intend.

I do have travel plans for 2021 for both business and personal reasons (given the Schengen ban will eventually be lifted).
Will I still be able to "safely" go the AOS route if I leave the US knowing that I won the DV lottery but before submitting the DS-260 form? My plan would be to reenter the US in November 2021 for the last time, wait 90 days, and then start the process with the DS260. Based on previous years' VBs, I would assume my CN becomes current sometime between March and May. Am I missing something or does that sound like a viable plan?

Obviously, I want to maximize my chances to actually receive the green card, so based on all the problems for DV2020 and DV2021 winners in the CP route, I would prefer to go the AOS route. Thank you for your support
"So far I've learned that an AOS case should not be filed within 90 days after entering the US to avoid the assumption of fraud and that (the optional first step) filing the DS-260 shows immigrant intend." Where did you learn that???
 

Chip22

New Member
"So far I've learned that an AOS case should not be filed within 90 days after entering the US to avoid the assumption of fraud and that (the optional first step) filing the DS-260 shows immigrant intend." Where did you learn that???
Oh, I'm sorry, "learning" was probably the wrong word. I meant to say this is what I understood from reading through this forum. So I'm assuming the statement is incorrect? Thank you for the clarification
 

Sm1smom

Super Moderator
Oh, I'm sorry, "learning" was probably the wrong word. I meant to say this is what I understood from reading through this forum. So I'm assuming the statement is incorrect? Thank you for the clarification
Yup, that is incorrect. The so called 90 day rule is guidance by DOS (Dept. Of States) to COs (consular officers). DOS has no jurisdiction over the USCIS, so that guidance is not binding nor applicable to USCIS. USCIS will review what is known as the totality of the circumstance in making a determination as to if an applicant entered the US with the preconceived intent of filing AOS or not prior to entering the US.

Even if the mythical 90-day rule was binding on USCIS, (which again I maintain is not), it is not applicable in your case because you are already in the US, the decision to file AOS was made while you were already in the US. So if you travel out, return and subsequently file for AOS following this short trip, there is no fraudulent attempt at obtaining an immigration benefit in this case. You will basically be wasting valuable time (assuming your CN is already current) while trying to wait out the magical "90 days" prior to filing.

Of course one thing to bear in mind is the fact that admission or re-admission to the US is guaranteed for USCs only. Having a valid visa does not guarantee an admission, if CBP have concerns about an incoming non-immigrant, they can always deny them admission regardless of a demonstrated immigrant intent or not.
 

asylumtodv

New Member
Hello, I was advised you as an experienced specialist. I am even willing to pay for your advice or recommendation as much as you say. I am looking for an experienced lawyer for my case:
I arrived in the USA on a b1 / b2 visa and before 180 days I applied for a change of status to f1, during the processing of this application for several more months I applied for asylum (due to the ban of my religion in my country). And for several years now I have been expecting an interview. On May 8, I found out that I won the diversity lottery. I realize that my case is not simple, so I want to find a lawyer with similar experience.
Thank you in advance!
 

Mirame

New Member
Hi! First of all, thank you so much for keeping up this forum. This is so helpful for everyone who has won the lottery and does not know anything about the process. I would be lost without your forum and Simon's Youtube channel. Thank you.

I hope you could give your honest opinion on my case. I won the diversity lottery 2022 on case number EU24XXX. I'm on an F-1 visa in the US but it is going to expire at the end of August 2021. I will apply for the OPT (1 more year) at the beginning of June when I'm eligible to do so. I was so excited about winning the lottery, that I already submitted the DS-260 form to KCC. I do not have any violations against my student visa status, but do you think submitting DS-260 is a problem when I try to apply for the OPT? I was planning to do my diversity visa process through consular processing, but would you consider that riskier for a student visa holder than AOS? I am willing to fly to my home country on short notice to get an interview, that's not a problem. I read your Pros & Cons page already, but still I am not certain am I doing more harm against my visa status by doing CP or AOS?
 

Papa Nyamekye

New Member
Thank you Sir , I tried following the step you gave me when I opened the location nothing showed up. I mistakenly selected the last No option due to freezing of my computer.
Adding to my previous response, here's what a forum member in a similar situation described doing in order to change the interview location page on the DS260 form prior to it being submitted:

After completing all the steps in DS260 and prior to hitting the submit button -
Select Review - -> Location. From there change your previous selection from your home location to Yes, send my case to USCIS, then save the form. After saving it, the getting started page refreshes and reflects the new change you just made.
Sir
 

Sm1smom

Super Moderator
Hi! First of all, thank you so much for keeping up this forum. This is so helpful for everyone who has won the lottery and does not know anything about the process. I would be lost without your forum and Simon's Youtube channel. Thank you.

I hope you could give your honest opinion on my case. I won the diversity lottery 2022 on case number EU24XXX. I'm on an F-1 visa in the US but it is going to expire at the end of August 2021. I will apply for the OPT (1 more year) at the beginning of June when I'm eligible to do so. I was so excited about winning the lottery, that I already submitted the DS-260 form to KCC. I do not have any violations against my student visa status, but do you think submitting DS-260 is a problem when I try to apply for the OPT? I was planning to do my diversity visa process through consular processing, but would you consider that riskier for a student visa holder than AOS? I am willing to fly to my home country on short notice to get an interview, that's not a problem. I read your Pros & Cons page already, but still I am not certain am I doing more harm against my visa status by doing CP or AOS?
1. DS260 submission will not impact your OPT approval (when you get to that stage).
2. I'm sorry I can't help you determine which option might be risker for you, you know you specific situation better than I do. The best I can do is to provide the pros and cons of each option (which you've already come across), so you make your own decision. You decide on what you think will work best for you, not what I think.
 

Sm1smom

Super Moderator
Thank you Sir , I tried following the step you gave me when I opened the location nothing showed up. I mistakenly selected the last No option due to freezing of my computer.

Sir
Well then, you’ll have to submit the form upon completion. Then email KCC letting them know of your interview selection option.
 

tintin2022

New Member
Hey everyone!

As I said earlier on this topic, I won the lottery and now I'm on asylum pending. My case # is AS00010XXX but I was wondering if I can submit my DS260 now or Is it too early for submission? I've already filled out the application and I just have to sign it. When can I expect VB gets current for my case? Can you tell me an estimate?
 

Sm1smom

Super Moderator
Hey everyone!

As I said earlier on this topic, I won the lottery and now I'm on asylum pending. My case # is AS00010XXX but I was wondering if I can submit my DS260 now or Is it too early for submission? I've already filled out the application and I just have to sign it. When can I expect VB gets current for my case? Can you tell me an estimate?
You can go ahead and submit the DS260 form now, concern regarding a demonstration of immigrant intent is irrelevant in your specific case. I don’t have an estimate of when your CN is likely to become current. It however isn’t going to be anytime soon, definitely not 2021. So relax and prepare for a long ride.
 

quano

New Member
If you're on the H-1B visa, are you able to leave the country and reenter freely while the DV process is underway for an AOS application?
 

DV_AOS

New Member
If you're on the H-1B visa, are you able to leave the country and reenter freely while the DV process is underway for an AOS application?
H1B is dual intent visa, so reentry to US with immigration intension is not a problem. But entry to US is discretion of the officer at port of entry for non US citizens. Anyway, once you submit your AOS package you can not leave the county without the Advance Parole (AP), otherwise your application considered abandoned.
 

Sm1smom

Super Moderator
Anyway, once you submit your AOS package you can not leave the county without the Advance Parole (AP), otherwise your application considered abandoned.
Anyone with a dual intent visa/status such as H1B or L1 can leave the US while their AOS application is pending without an approved AP, their AOS application will not be considered abandoned.
 

tintin2022

New Member
I believe I mistakenly answered No to this question while I'm on asylum opening now.: have you ever applied for any kind of relief or protection from removal exclusion or deportation?

What can I do now if the DS-260 is already submitted?
 

adam69

New Member
Hello all :
I filled out and submitted DS 260. But I live in the USA , Can I submit the whole package of AOS, NOW?
 

SusieQQQ

Well-Known Member
Hello all :
I filled out and submitted DS 260. But I live in the USA , Can I submit the whole package of AOS, NOW?
No. Please read the spreadsheet linked in the first post of this thread (read all the sheets) to understand how the AOS process works and when you can file.
 

tintin2022

New Member
I believe I mistakenly answered No to this question while I'm on asylum opening now.: have you ever applied for any kind of relief or protection from removal exclusion or deportation?

What can I do now if the DS-260 is already submitted?
Does anyone know the answer? If it's not right I have to immediately email NVC.
 

Sm1smom

Super Moderator
But I'm not sure about the answer. Should be yes or No?
We have no way of knowing considering we don’t know your immigration history like you do. Were you ever formally put in removal, or deportation process initiated against you and you subsequently filed for relief as a result? That is what the question is asking about.
 
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