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DV 2022 AOS (Adjustment of Status) Only

Sm1smom said:
1. No special tips, the process is more or less the same regardless of the status you're AOSing from. There's just the additional documentation required from J1/J2 which is already listed on the I-485 form Instructions:
"Documentation Regarding J-1 or J-2 Exchange Visitor Status If you previously held or currently hold J-1 (principal) or J-2 (dependent) nonimmigrant exchange visitor status, you must submit copies of all relevant Forms IAP-66 and/or Forms DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status, ever issued to you (if available). You must also submit copies of all available J-1 or J-2 nonimmigrant visas issued to you, and copies of all available Form I-94 and passport pages with entry stamps showing your admission to the United States in J-1 or J-2 status. Form I-485 Instructions 03/29/21 Page 15 of 43 In addition, if your J status made you subject to the 2-year foreign residence requirement of INA section 212(e), you must submit documentation to show that you complied with the foreign residence requirement, have been granted a waiver of the requirement before filing Form I-485, or were issued a favorable waiver recommendation letter from DOS before filing Form I-485. You can show you complied with the requirement by submitting evidence to prove you resided in the appropriate home country for at least two years since your exchange visitor program ended. For information about waiver of the requirement, see the Instructions for Form I-612, Application for Waiver of the Foreign Residence Requirement."

2. This is a DIY forum. Several selectees previously on J1/J2 successfully went through the AOS process without the need/use of a lawyer. However if you personally feel you may need a lawyer, you can hire one. Just be aware most immigration lawyers are not DV based AOS savvy. We've actually had reports of lawyers causing more harm in the past, or of some who hired immigration lawyers but still ended up doing the heavy lifting themselves - those folks still ended up in this forum seeking guidance on how to progress their applications.

3. Again, this is a DIY site. I don't have the time to track that. Of course there may be DV22 folks who already hired some immigration lawyers currently in this forum, they may be willing to identify themselves to you.
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Thank You!!
 
I think I know the answer already, but just want to clarify is it legal to use L2 EAD while pending AOS if L2 status is still valid?
 
Sm1smom said:
You are trying to compare apples and oranges with my post which you’ve quoted with yours. To help put things in context, that post was a response related to applications with USCIS. Your K1 and potential DV applications are not going through USCIS, they will be going through consular processing. So my statement of “Upon approval, the second application gets cancelled” is not applicable in your case - that was in the context of cases with USCIS.

Like I already responded to your initial PM, based on your scenario, you can also have both your K1 and DV based immigrant applications in the system at the same time. For CP, the second application only gets canceled if you do not show up for your appointment (assuming the first one (whichever got processed first) already got approved). Since you cannot be issued with two visas simultaneously, if you do show up for the second appointment, the first visa which already got issued will then be canceled without prejudice in order for the second visa to get issued.
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Dear Sm1smom, Thank you so much for your answer. I am sorry if I in anyway annoyed you. I actually had no idea about the visa process and what the prime tasks at USCIS or CP. Honestly I do not have much understanding about this process therefore I am trying to read through the posts and answers and learnt a lot from the forum, you and SussieQQQ. So if I understood right, could you please say "yes" or "no" for the following: If I got the response right, it means that if I face the K-1 and got the K-1 approved and wait and see if the DV CN comes to interview stage and face it too, and if it also get approved - the K-1 which was already granted would be cancelled right? Actually that would be a good news for me because I prefer DV from the valuable infomationvgathered from here. But in case if the DV would not come to the interview stage due to my high CN, we still have an option. That is why we are keen on keeping both options open for the time being. Thanks everybody for the contributions made at this forums. Good luck with your processes.
 
Aprodita said:
Dear Sm1smom, Thank you so much for your answer. I am sorry if I in anyway annoyed you. I actually had no idea about the visa process and what the prime tasks at USCIS or CP. Honestly I do not have much understanding about this process therefore I am trying to read through the posts and answers and learnt a lot from the forum, you and SussieQQQ. So if I understood right, could you please say "yes" or "no" for the following: If I got the response right, it means that if I face the K-1 and got the K-1 approved and wait and see if the DV CN comes to interview stage and face it too, and if it also get approved - the K-1 which was already granted would be cancelled right? Actually that would be a good news for me because I prefer DV from the valuable infomationvgathered from here. But in case if the DV would not come to the interview stage due to my high CN, we still have an option. That is why we are keen on keeping both options open for the time being. Thanks everybody for the contributions made at this forums. Good luck with your processes.
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Yes, that is correct.
 
Sm1smom said:
First of all, in order for your child to benefit from your selection and process AOS, assuming your child hasn’t aged out, you will need to be approved and enter the US first. Only after that can the AOS portion be initiated. Your child may subsequently miss out as such most especially if your CP process isn’t completed early enough for you to have entered the US and activated your LPR status by May/June at the latest.

All DV based AOS applications get sent to the Chicago Lockbox, before USCIS assign them to the applicable local office based on the applicant’s home address listed on the AOS form. Whatever office you’ve indicated or selected on the DS260 is irrelevant to the AOS process.
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Dear valued members, This is about AoS since my child keeps on asking and I do not know how best I could answer. My child is a derivative in my DV 2022. He reached 21 this April.Though I have included him, I later found out (only through this forum - Thanks a lot) that is he ages out he will have no chance of AoS. So by the end of 2021 he will be aged out already, because it will be months away into next year when my case comes up (if so happens). I also recently came to understand that if somebody submits a DS-260 it might have an impact on any NIVs in future. My child asks if he requests for unlocking and stay without submitting whether it still has an impact for future NIVs? Please, your expertise is appreciated. I regret that I did not find this forum or Simonsblog before submitting the DS-260 and understand AoS sheet given here. Thank you.
 
Aprodita said:
Dear valued members, This is about AoS since my child keeps on asking and I do not know how best I could answer. My child is a derivative in my DV 2022. He reached 21 this April.Though I have included him, I later found out (only through this forum - Thanks a lot) that is he ages out he will have no chance of AoS. So by the end of 2021 he will be aged out already, because it will be months away into next year when my case comes up (if so happens). I also recently came to understand that if somebody submits a DS-260 it might have an impact on any NIVs in future. My child asks if he requests for unlocking and stay without submitting whether it still has an impact for future NIVs? Please, your expertise is appreciated. I regret that I did not find this forum or Simonsblog before submitting the DS-260 and understand AoS sheet given here. Thank you.
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Unlocking and not resubmitting the DS260 will not cancel the already demonstrated immigrant intent.
 
Hello everyone,

When I was I still in college I requested Curricular Practical Training (CPT) which allows international students with an F-1 visa to gain practical experience such as an internship. Should I include a copy of my I-20 showing the approved CPT with my AOS Package since this work experience is mentioned on my I-485?

Thank you!
 
Sm1smom said:
Unlocking and not resubmitting the DS260 will not cancel the already demonstrated immigrant intent.
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Thank you so much and appreciate the prompt answer. Learning everyday new facts, and your expertise is very valued. Now that DS260 is already submitted for him, will he get an email or anything "you are no more eligible or so" once the 6/7 months lapsed? I understand that AoS for derivate can be submitted only after the principle applicant goes through CP. In this particular case it would be months away into next year (Or perhaps not at all due to the CN). How do we know, not to submit AoS? On CEAC it still appears as "complete" whenever I check the case. Any ideas?
 
Aprodita said:
Thank you so much and appreciate the prompt answer. Learning everyday new facts, and your expertise is very valued. Now that DS260 is already submitted for him, will he get an email or anything "you are no more eligible or so" once the 6/7 months lapsed? I understand that AoS for derivate can be submitted only after the principle applicant goes through CP. In this particular case it would be months away into next year (Or perhaps not at all due to the CN). How do we know, not to submit AoS? On CEAC it still appears as "complete" whenever I check the case. Any ideas?
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He’s not going to be notified about not being eligible, the form and the message will remain as is. If you want an official notification about not being eligible, he applies for AOS which will subsequently be denied on the basis of not being an eligible derivative. Basically, you pay to find out.
 
Endiny said:
So my letter with the request to fix the name misspelling was delivered last Wednesday (Nov 3). Today I was able to see that my name was updated on Monday (Nov 8). I hope they didn't add any middle names to it :)
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Silly question: how to add these lines in gray (footnotes) below your message ?
Thanks
 
leolandivar said:
Hello everyone,

When I was I still in college I requested Curricular Practical Training (CPT) which allows international students with an F-1 visa to gain practical experience such as an internship. Should I include a copy of my I-20 showing the approved CPT with my AOS Package since this work experience is mentioned on my I-485?

Thank you!
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The AOS spreadsheet says "Copy of the current and past I-20 (If applicable)" under proof of maintaining valid status, right? There's your answer.
 
Sm1smom said:
The AOS spreadsheet says "Copy of the current and past I-20 (If applicable)" under proof of maintaining valid status, right? There's your answer.
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Thank you @Sm1smom, that is exactly what the AOS spreadsheet says. Since I studied in the US since 2014, I have about 8 different I-20s. Would you suggest I include them all?

Thank you!
 
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leolandivar said:
Thank you @Sm1smom, that is exactly what the AOS spreadsheet says. Since I studied in the US since 2014, I have about 8 different I-20s. Would you suggest I include them all?

Thank you!
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I have studied in the US since 2012. So I have been issued over 20 different I-20's. I only can find my last four I-20's (two are CPT I-20's). So I am curious to hear others opinions on this.
 
leolandivar said:
Thank you @Sm1smom, that is exactly what the AOS spreadsheet says. Since I studied in the US since 2014, I have about 8 different I-20s. Would you suggest I include them all?

Thank you!
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I would include them if this was my case. It is one of the simplest ways of demonstrating continuous valid status from 2014.
 
Sm1smom said:
He’s not going to be notified about not being eligible, the form and the message will remain as is. If you want an official notification about not being eligible, he applies for AOS which will subsequently be denied on the basis of not being an eligible derivative. Basically, you pay to find out.
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Thank you so much. The derivate can submit the AoS only after the principle applicant goes through CP. That means even that time, the derivate's application will be shown on CEAC. Again, if the derivate submits the AoS making all relevant payments for application, Medical Exam etc. only he is going to find out that he is not eligible? Am I right?
 
Aprodita said:
Thank you so much. The derivate can submit the AoS only after the principle applicant goes through CP. That means even that time, the derivate's application will be shown on CEAC. Again, if the derivate submits the AoS making all relevant payments for application, Medical Exam etc. only he is going to find out that he is not eligible? Am I right?
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Yes
 
Dear members.

I am in the process of filling out I-131. As part of that, I need to enter "Class of Admission". I had entered as B1 status last time I entered the US but then I had asylum approved status. Can someone help me with what I should enter the form?

Thanks
 
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