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DV 2022 AOS (Adjustment of Status) Only

Sm1smom said:
In general, intentionally falling out of status could end up being a MAJOR mistake IMO - maintaining a valid status throughout the entire process is highly and always recommended. What will you do if your AOS application gets rejected or denied after you've intentionally fallen out of status, or your application remains in AP until the end of the FY? You realize you'll have no fall back status at that point if you've already intentionally fallen out of status? While it is okay to have a hopeful attitude, one should never assume their AOS application will always be approved.

Anyway to directly answer your questions:
1. You may go ahead and intentionally fall out of status after receiving your NOA - being out of status from that point will not count against you while your AOS application is pending.
2. Informing your school of a pending AOS application is typically not recommended as your DSO or someone else in the international office may prematurely terminate you from SEVIS. However if you've already decided to proceed with falling out of status, then you can go ahead and inform your school after receiving your NOA.
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Thank you Mom! I have a second fall back "status" of being dependent on my spouse's asylum application. If my DV AOS application gets denied/not adjudicated, I will stay in the asylum pending dependent "status".
 
crazycatlover said:
Thank you Mom! I have a second fall back "status" of being dependent on my spouse's asylum application. If my DV AOS application gets denied/not adjudicated, I will stay in the asylum pending dependent "status".
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Good to know you have a potential fall back "status" which technically speaking is not a status per se. It just means you're not accruing an unauthorized presence while the application is pending.
By the FYI, you have a better shot at getting your DV based AOS application approved while having a valid non-immigration status in addition to the pending asylum application than being solely in an asylum pending status when the AOS application is being adjudicated.
 
Sm1smom said:
By the FYI, you have a better shot at getting your DV based AOS application approved while having a valid non-immigration status in addition to the pending asylum application than being solely in an asylum pending status when the AOS application is being adjudicated
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Sorry, I did not get this last part. Do you mean that chances to have my AOS case approved are higher if I maintain my F1 status up until the day of the interview?
You earlier said that falling out of status once I receive NoA will not count against me while my AOS application is pending.
Thanks in advance!
 
crazycatlover said:
Sorry, I did not get this last part. Do you mean that chances to have my AOS case approved are higher if I maintain my F1 status up until the day of the interview?
You earlier said that falling out of status once I receive NoA will not count against me while my AOS application is pending.
Thanks in advance!
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1. Yes
2. It will not count against you as in you will not be deemed to have accrued an unlawful presence while your AOS application was pending (this should not be interpreted as meaning case approval). If you fall out of status either right now (which you can do because of your pending asylum) or even after receiving your NOA, you status immediately becomes asylum pending on the basis of being a derivative of your husband's pending asylum. Of late, IOs have not been favorably disposed towards DV based AOS applications with asylum pending, with no other valid non-immigrant status, because they do not consider asylum pending to be a valid status to AOS from.

I recommend you take a look at the "Asylum Pending" tab of the AOS Process Spreadsheet. You should also take a look at the "Asylum Pending" tab of the DV Tracker - Unique Situations to see the rate of approval of cases with valid non-immigrant status with asylum pending vs asylum pending status alone.
 
Could not post a reply to your last message - Thank you for a detailed response, Mom. I am already familiar with the resources you provided as well the AOS Process Spreadsheet as a whole, thank you for this as well.

This is the thing I don't understand:
If a F1 drops school after receiving NoA, he is in pending status and that is perfectly fine for AOS purposes.
If F1+ pending asylum drops school after receiving NoA, he loses the privilege of rolling over from "legal" student status to AOS (like in the case above) and his only "status"becomes asylum pending? Is my understanding correct?

Thank you
 
crazycatlover said:
Could not post a reply to your last message - Thank you for a detailed response, Mom. I am already familiar with the resources you provided as well the AOS Process Spreadsheet as a whole, thank you for this as well.

This is the thing I don't understand:
If a F1 drops school after receiving NoA, he is in pending status and that is perfectly fine for AOS purposes.
If F1+ pending asylum drops school after receiving NoA, he loses the privilege of rolling over from "legal" student status to AOS (like in the case above) and his only "status"becomes asylum pending? Is my understanding correct?

Thank you
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If someone in F1 (or any other non-immigrant status) fall out of status while their AOS application is pending, they roll into what is know as "adjustment pending", which basically means they do not accrue an illegal presence while the AOS application is pending - it does not mean they are in a valid status - it just means they are not accruing an illegal presence. There is no potential issue with this because their valid status expired while they were waiting for the pending AOS application to be adjudicated (unless of course their AOS application gets denied for some other non-status related issue in which case they automatically fall out of status following the denial).

If someone in F1 (or any other non-immigrant status) with a pending asylum application files a non-asylum based AOS application and subsequently falls out of the valid non-immigrant status while the AOS application is pending, they roll into what is known as "asylum pending" because the asylum application was already pending before they filed for the AOS application. Most IOs do not consider asylum pending to be a valid status to AOS from.
 
Sm1smom said:
If someone in F1 (or any other non-immigrant status) fall out of status while their AOS application is pending, they roll into what is know as "adjustment pending", which basically means they do not accrue an illegal presence while the AOS application is pending - it does not mean they are in a valid status - it just means they are not accruing an illegal presence. There is no potential issue with this because their valid status expired while they were waiting for the pending AOS application to be adjudicated (unless of course their AOS application gets denied for some other non-status related issue in which case they automatically fall out of status following the denial).

If someone in F1 (or any other non-immigrant status) with a pending asylum application files a non-asylum based AOS application and subsequently falls out of the valid non-immigrant status while the AOS application is pending, they roll into what is known as "asylum pending" because they asylum application was already pending before they filed for the AOS application. Most IOs do no consider asylum pending to be a valid status to AOS from.
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Thank you for clarifying this. Given that I worked very hard to maintain my valid F1 status after I was notified I was selected for DV, I'll keep it till the end of the process (AOS approval day)
 
Serena1 said:
Hi @nawinner22. A quick follow-up question regarding the $1,225 fee. So we don't need to put anything in the 'Address' section of our money order? Also, do we need to put our DV case number in the 'Memo' section of the order, in addition to mentioning that this is a payment for I-485 and biometrics fees?
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Based on my understanding if you are paying your filing fees via money order, you should use the correct direct filing address based on the state you are filing from. This can be found on USCIS's website (https://www.uscis.gov/forms/all-for...register-permanent-residence-or-adjust-status).

For example,
A. If you live in the state of Maine you would use:
USCIS
Attn: AOS
P.O. Box 805887
Chicago, IL 60680

B. If you live in the state of Arizona you would use:
USCIS
P.O. Box 87426
Lincoln, NE 68501-7526

Important Links for Filing and Payment Methods:
1. https://www.uscis.gov/forms/all-for...register-permanent-residence-or-adjust-status
2. https://www.uscis.gov/forms/filing-fees
 
Hi
I mailed the adjustment of status fees,1650 for 5 people.
The package was delivered on 22nd February

One of the USPS money orders 1000usd has bee cashed on 28th February.
Another USPS money order, 650 dollars has not been cashed so far.
What should I do?

I did receive the return receipt on 28th Feb.
 

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Sm1smom said:
In general, intentionally falling out of status could end up being a MAJOR mistake IMO - maintaining a valid status throughout the entire process is highly and always recommended. What will you do if your AOS application gets rejected or denied after you've intentionally fallen out of status, or your application remains in AP until the end of the FY? You realize you'll have no fall back status at that point if you've already intentionally fallen out of status? While it is okay to have a hopeful attitude, one should never assume their AOS application will always be approved.

Anyway to directly answer your questions:
1. You may go ahead and intentionally fall out of status after receiving your NOA - being out of status from that point will not count against you while your AOS application is pending.
2. Informing your school of a pending AOS application is typically not recommended as your DSO or someone else in the international office may prematurely terminate you from SEVIS. However if you've already decided to proceed with falling out of status, then you can go ahead and inform your school after receiving your NOA.
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A question @Sm1smom.
I work in the US under subsequent non immigrant E1 visas, since mid 2000s.

Many years ago, (2013), I did found myself with the Visa expired, although I remained in the US for 40 days, working regularly, doing the same job, before going back to my country to renew my Visa. The I-94 was not expired and had still 1 year and half left for permission to stay at that point.
I was then able to renew the visa immediately when I got back to my country and I renewed another time a couple of years ago.
Never had problems or being questioned whatsoever.

Did my stay in the US with E1 expired but with valid I-94 constitute an out of status situation?
 
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Guma77 said:
A question @Sm1smom.
I work in the US under subsequent non immigrant E1 visas, since mid 2000s.

Many years ago, (2013), I did found myself with the Visa expired, although I remained in the US for 40 days, working regularly, doing the same job, before going back to my country to renew my Visa. The I-94 was not expired and had still 1 year and half left for permission to stay at that point.
I was then able to renew the visa immediately when I got back to my country and I renewed another time a couple of years ago.
Never had problems or being questioned whatsoever.

Did my stay in the US with E1 expired but with valid I-94 constitute an out of status situation?
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You did not go out of status. The I-94, and not the visa stamp determines duration of allowed stay and validity.
 
Hello Sms1mom,
The current form i693 for medicals expire 3/31/2022. My case no falls under April VB. If I send my package on April 1, that means the medical form is expired. Does this count, since the form has not been updated.

Or do I send my AOS package in the last week of March to be safe.

Thanks for your response.
 
Hello everyone,

I am sure this question has been answered before, however I could not find the post.
What are the steps to update my mailing address for whenever I receive any updates regarding my case?

Calling USCIS/Contact an online agent? (USCIS page)

Or

Filling an AR-11 form

Thank you!
 
grafaah said:
Hello Sms1mom,
The current form i693 for medicals expire 3/31/2022. My case no falls under April VB. If I send my package on April 1, that means the medical form is expired. Does this count, since the form has not been updated.

Or do I send my AOS package in the last week of March to be safe.

Thanks for your response.
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Ignore the expiration date on the I-693 form, it will not impact the validity period of your medical exam/report.
 
leolandivar said:
Hello everyone,

I am sure this question has been answered before, however I could not find the post.
What are the steps to update my mailing address for whenever I receive any updates regarding my case?

Calling USCIS/Contact an online agent? (USCIS page)

Or

Filling an AR-11 form

Thank you!
Click to expand...
you have to fill out the AR-11 form. you will be directed to that form when you call or chat with an agent.
 
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