DV 2022 OC Selectees

[Sm1smom]

Your husband is correct. You cannot adjust status from an ESTA, and in some cases you can make yourself ineligible to adjust from other visa types.

While OP is certainly not eligible to file a DV based AOS application from ESTA, there's an exception to who can AOS from an ESTA admission. Immediate relatives of USCs are precluded from this prohibition - an individual admitted under the VWP who is also an immediate relative is not precluded from seeking adjustment of status. Wanted to throw that out there so people don't assume the prohibition applies to anyone who has been admitted into the US under the VWP.

 

[Syd2022]

Roughly translated, it simply means don’t plan on entering the US on an ESTA (or any other NIV for that matter) with a preconceived intent of overstaying your authorized stay.

Thanks so much @Sm1smom. We just don’t want to do anything that would risk us getting our green card. Do you think a return ticket, a letter from his employer and the fact that he still he his wife (the principal applicant) and a house in Australia is enough to convince consumer officials that he is definitely coming back to Australia.

 

[Syd2022]

Thanks for the info about Melbourne. It was looking pretty hard to defend the position that Melbourne could handle other immigrant visas but couldn't also do DV. As I said, I think that change is almost certainly to do with the lawsuit. Now the question will be what capacity they open up.

Your husband is correct. You cannot adjust status from an ESTA, and in some cases you can make yourself ineligible to adjust from other visa types.

My husband doesn’t want to adjust status at all. He just wants to travel on an ESTA for two weeks to do a training course and then come back to Australia. He will then continue his current employment in Australia until such time as we get our 2NL. I think someone earlier misread our post thinking we wanted to do an AOS. That is definitely not the case.

 

[Sm1smom]

Thanks so much @Sm1smom. We just don’t want to do anything that would risk us getting our green card. Do you think a return ticket, a letter from his employer and the fact that he still he his wife (the principal applicant) and a house in Australia is enough to convince consumer officials that he is definitely coming back to Australia.

Yes, I believe it is enough to convince them of his plan to return and process his DV selection via CP. He basically should remember to not volunteer any information about DV selection or his immigrant intent unless expressly asked, in which case he will explain you guys will be processing CP and that you're the main selectee.

 

[loulour]

Hi Everyone,

After reading through forums and speaking to a lawyer (who unfortunately wasn't super clear), I am hoping for some advice from this forum!

I am 2022OC12XX. From the VB, I might become current earliest June 2022 (since May is still at #1200).
I am currently in the USA on an E3 (my 5th E3 visa over here). I have not submitted any paperwork yet on advice from a lawyer who indicated I could put my E3 at risk, and eligibility for future E3's at risk (being a non-immigrant visa only) once I submit my GC application since it's an immigrant visa (even if I don't get an interview/approved by Sept 30, it's apparently still on my record).
I have ruled out the AOS pathway for various reasons (that I won't get into here) so would be going the CP route.
I am an Australian and Canadian citizen.

My questions are:
1) Was the lawyer correct that my E3 (or additional future E3 applications) could be put at risk if I submit my GC application (even if I don't get it)? if yes, given the situation with the Sydney embassy and low volume of interviews, is it still advisable to submit paperwork and move forwards with it?

2) Someone mentioned in this forum (if I interpreted correctly), that if you're a citizen of another country, you can request to be interviewed in that country? Is this correct and would it apply to Canadian citizens and therefore I could be scheduled for interview in Canada? (noting that Canadian citizens are ineligible for the Diversity Visa Lottery, not sure if that has anything to do with it).

Any advice is much appreciated, and thank you thank you to everyone who contributes here. It really is so helpful.
L

 

[Slip]

Anyone know if I can go the AOS route through my B1/B2 visa (2029 exp)? I currently live in Aus.

(I also work in the airlines, and I'll be traveling to the US every week for the indefinite future under my C1/D visa which I know isn't eligible for AOS)

 

[Sm1smom]

Anyone know if I can go the AOS route through my B1/B2 visa (2029 exp)? I currently live in Aus.

(I also work in the airlines, and I'll be traveling to the US every week for the indefinite future under my C1/D visa which I know isn't eligible for AOS)

AOS is intended for people already residing in the US before the decision to file for AOS was made. Entering the US on a non-dual intent NIV with a preconceived intent of filing for AOS is considered a fraudulent attempt at obtaining an immigration benefit, which is frowned upon. However, if you declare this preconceived intent of filing AOS at the POE and you are subsequently admitted into the US following that declaration, filing for AOS after that will most likely not be considered a fraudulent attempt at obtaining an immigration benefit.

DISCLOSURE:
We’ve had previous cases of DV selectees who entered the US on a visitor’s visa who subsequently successfully processed their selection via AOS without declaring their preconceived AOS intent at the POE.

CAVEAT:
The IO, at the time of the AOS can still ask why you decided to enter the US and process AOS even if this intent was disclosed at the POE. You will need to be prepared for this.

NOTE:
Should you decide to proceed with entering the US to file for AOS, do make sure you understand the AOS process before doing so. I highly recommend you go through the AOS process spreadsheet to ensure you understand the steps involved.
Also be aware while your AOS application is pending, if you depart from the US (without an approved AP card) on the basis of being a pilot who needs to fly in and out, your AOS application will be considered abandoned and subsequently denied.

 

[Sm1smom]

Hi Everyone,

After reading through forums and speaking to a lawyer (who unfortunately wasn't super clear), I am hoping for some advice from this forum!

I am 2022OC12XX. From the VB, I might become current earliest June 2022 (since May is still at #1200).
I am currently in the USA on an E3 (my 5th E3 visa over here). I have not submitted any paperwork yet on advice from a lawyer who indicated I could put my E3 at risk, and eligibility for future E3's at risk (being a non-immigrant visa only) once I submit my GC application since it's an immigrant visa (even if I don't get an interview/approved by Sept 30, it's apparently still on my record).
I have ruled out the AOS pathway for various reasons (that I won't get into here) so would be going the CP route.
I am an Australian and Canadian citizen.

My questions are:
1) Was the lawyer correct that my E3 (or additional future E3 applications) could be put at risk if I submit my GC application (even if I don't get it)? if yes, given the situation with the Sydney embassy and low volume of interviews, is it still advisable to submit paperwork and move forwards with it?

2) Someone mentioned in this forum (if I interpreted correctly), that if you're a citizen of another country, you can request to be interviewed in that country? Is this correct and would it apply to Canadian citizens and therefore I could be scheduled for interview in Canada? (noting that Canadian citizens are ineligible for the Diversity Visa Lottery, not sure if that has anything to do with it).

Any advice is much appreciated, and thank you thank you to everyone who contributes here. It really is so helpful.
L

1. A DS260 form submission signifies an immigrant intent which may impact the ability to obtain a non-dual intent NIV such as the E3 visa in the future should the immigration application fail.
2. KCC tend to schedule the interview location based on the home address listed on the DS260 form. However, since you’re yet to submit your form, you may change the default interview location from Australia to Canada before submitting the form in this case. Once the form has been submitted, I recommend emailing KCC to further inform of your interview location preference based on your Canadian citizenship. Montreal US embassy process DV cases regardless of Canada not being DV eligible.

 

[Britsimon]

While OP is certainly not eligible to file a DV based AOS application from ESTA, there's an exception to who can AOS from an ESTA admission. Immediate relatives of USCs are precluded from this prohibition - an individual admitted under the VWP who is also an immediate relative is not precluded from seeking adjustment of status. Wanted to throw that out there so people don't assume the prohibition applies to anyone who has been admitted into the US under the VWP.

Great point. Thanks Mom!

 

[Britsimon]

Hi Everyone,

After reading through forums and speaking to a lawyer (who unfortunately wasn't super clear), I am hoping for some advice from this forum!

I am 2022OC12XX. From the VB, I might become current earliest June 2022 (since May is still at #1200).
I am currently in the USA on an E3 (my 5th E3 visa over here). I have not submitted any paperwork yet on advice from a lawyer who indicated I could put my E3 at risk, and eligibility for future E3's at risk (being a non-immigrant visa only) once I submit my GC application since it's an immigrant visa (even if I don't get an interview/approved by Sept 30, it's apparently still on my record).
I have ruled out the AOS pathway for various reasons (that I won't get into here) so would be going the CP route.
I am an Australian and Canadian citizen.

My questions are:
1) Was the lawyer correct that my E3 (or additional future E3 applications) could be put at risk if I submit my GC application (even if I don't get it)? if yes, given the situation with the Sydney embassy and low volume of interviews, is it still advisable to submit paperwork and move forwards with it?

2) Someone mentioned in this forum (if I interpreted correctly), that if you're a citizen of another country, you can request to be interviewed in that country? Is this correct and would it apply to Canadian citizens and therefore I could be scheduled for interview in Canada? (noting that Canadian citizens are ineligible for the Diversity Visa Lottery, not sure if that has anything to do with it).

Any advice is much appreciated, and thank you thank you to everyone who contributes here. It really is so helpful.
L

In addition to what Mom said above, a couple of points.

When you submit your DS260 you have a choice of embassy. It's a one time choice, you cannot change it later, only KCC can. So choose Montreal.

Montreal embassy have been not great over the last couple of years but compared to Sydney right now they are probably the better choice - but it's a risk either way.

When you submit the DS260, try and give additional reasoning (via email) to why to chose there. Mentioning friends, family and a local address would be ideal.

Submit the DS260 as soon as you decide to pull the trigger. Case processing is bizarre these days so again it's a risk. Earlier the better.

 

[Morgan_NZ]

Thanks for detailed info.
Keep us updated once you manage to reschedule successfully.

Quick Update

That is not the link I was provided. The link I was emailed goes direct to the NZ Consulate booking site and starts with www.ustraveldocs.com/(country). I tried to reschedule myself online when I first needed to and was not able to as the consulate had to approve the reschedule and then I had to sign up online, and now again I have to wait for them to approve the request for access to the online booking calendar which will take 1-2 business days to receive the second email. The process definitely needs refining. To clarify the process and timeline I have gone through for anyone else who may need this information:

- 27 Jan 22 Requested to reschedule with NZ Consulate (unable to enter NZ due to border restrictions and not successful with MIQ lottery).
- 07 Feb 22 NZ Consulate informed me I had to send all HARD/ORIGINAL copies of my documents before they would accept a reschedule.
- 15 Feb 22 Hard copies sent via FEDEX priority from USA and AUS to NZ (2-3 day express shipping).
- 01 Mar 22 Hard copies received by NZ Consulate (Local and customs shipping delays as well as NZ Consulate closure due to COVID effected this timeline).
- 16 Mar 22 NZ Consulate emailed to say I am able to re-schedule appointment now.
- 16 Mar 22 Online application to request an appointment completed at www.ustraveldocs.com/nz
- 18 Mar 22 (Today) Still awaiting the second email to gain access to online scheduling website, am anticipating this should be received by Mon 21 Mar.

2022OC2XX
Post - Auckland
10 June 21 - DS 260 Submitted
26 Aug 21 - Documents sent to KCC (Unrequested)
23 Dec 21 - Received 2NL
09 Feb 22 - Scheduled Interview Date (Re-schedule in process)

Quick update: (@Chesterfield)

20 Mar 22 Received email notifying approval of request to schedule. Scheduled an interview through online booking system for mid Apr.

Fingers crossed the NZ Consulate will be re-opened by then. As far as I know "the U.S. Consulate General in Auckland is dealing with staffing shortages due to the surge in COVID-19 cases in the community" so are not currently doing routine appointments. But hopefully through the fact they were able to allow me to schedule an appointment they are intending to open soon. Fingers, nose, toes etc crossed y'all!

 

[Slip]

AOS is intended for people already residing in the US before the decision to file for AOS was made. Entering the US on a non-dual intent NIV with a preconceived intent of filing for AOS is considered a fraudulent attempt at obtaining an immigration benefit, which is frowned upon. However, if you declare this preconceived intent of filing AOS at the POE and you are subsequently admitted into the US following that declaration, filing for AOS after that will most likely not be considered a fraudulent attempt at obtaining an immigration benefit.

DISCLOSURE:
We’ve had previous cases of DV selectees who entered the US on a visitor’s visa who subsequently successfully processed their selection via AOS without declaring their preconceived AOS intent at the POE.

CAVEAT:
The IO, at the time of the AOS can still ask why you decided to enter the US and process AOS even if this intent was disclosed at the POE. You will need to be prepared for this.

NOTE:
Should you decide to proceed with entering the US to file for AOS, do make sure you understand the AOS process before doing so. I highly recommend you go through the AOS process spreadsheet to ensure you understand the steps involved.
Also be aware while your AOS application is pending, if you depart from the US (without an approved AP card) on the basis of being a pilot who needs to fly in and out, your AOS application will be considered abandoned and subsequently denied.

Thank you for the informative reply! I just read through the spreadsheet.

The situation is looking bad for us in Australia & NZ, hence why I'm looking at the AOS route through my B1/B2.
Is there an official channel through which I can ask if I'd be admitted into the US if I declared my intent to file for AOS?
I'd hate to chase this plan (inc resigning my job and traveling to the states) only to be refused entry by an IO.

 

[Sm1smom]

Thank you for the informative reply! I just read through the spreadsheet.

The situation is looking bad for us in Australia & NZ, hence why I'm looking at the AOS route through my B1/B2.
Is there an official channel through which I can ask if I'd be admitted into the US if I declared my intent to file for AOS?
I'd hate to chase this plan (inc resigning my job and traveling to the states) only to be refused entry by an IO.

You seriously want to go on record with an official on this and potentially get yourself flagged for future non-immigrant admission should in case your DV selection does not lead to a GC? Oh well. Here’s the link for CBP - you’ll find the contact us section there.

 

[Slip]

You're right, it was a silly suggestion.

 

[Green&Gold]

To those who are curious, as I have been watching the whole consulate move in Sydney. There is still construction crew installing fixtures at the building, and floor I believe the consulate is located. Recalling from my experience in Martin Place they used to have an internal elevator system to protect consular officers. I am curious if they are installing similar security measures here. I have slowly watched them install large outdoor security cameras, and now they appear to be installing a large metal fencing. I work across the road on Miller street and have a good view, and have been watching progress unfold since 21.

 

[AUMatt]

To those who are curious, as I have been watching the whole consulate move in Sydney. There is still construction crew installing fixtures at the building, and floor I believe the consulate is located. Recalling from my experience in Martin Place they used to have an internal elevator system to protect consular officers. I am curious if they are installing similar security measures here. I have slowly watched them install large outdoor security cameras, and now they appear to be installing a large metal fencing. I work across the road on Miller street and have a good view, and have been watching progress unfold since 21.

Can you yell out of the window at those workmen standing around chatting, to get back to work!!

 

[Green&Gold]

Can you yell out of the window at those workmen standing around chatting, to get back to work!!

As much as I would love to they are not present today, I warned back in 21 that this will be an issue as no work had commenced at all. No construction crew either night or day. As I am unsure of the extent of work that is left to be completed I can only speculate at this point. But I can visibly see exterior changes, originally I was able to see both internal and external.

 

[BrisOC22]

At this point it feels like Sydney office doesnt even matter. If they wanted to interview us they could (There was info awhile ago someone posted from another immigrant vias group that they had held some emergency visa interviews in a room outside of the new office (since its not yet ready)). So they obviously can hold interviews in some capacity there even if its just a single room in the lobby or something. I feel like we will likely all get transferred to Melbourne, or they will end up just interviewing us in a small room outside of the main office due to the lawsuit and being forced to, long before they actually open at this point.

 

[Britsimon]

At this point it feels like Sydney office doesnt even matter. If they wanted to interview us they could (There was info awhile ago someone posted from another immigrant vias group that they had held some emergency visa interviews in a room outside of the new office (since its not yet ready)). So they obviously can hold interviews in some capacity there even if its just a single room in the lobby or something. I feel like we will likely all get transferred to Melbourne, or they will end up just interviewing us in a small room outside of the main office due to the lawsuit and being forced to, long before they actually open at this point.

Agreed.

 

[aussiechris]

So I’ve emailed Suva in Fiji and said they are able to take my case because of sydney embassy being closed.
My question is @Britsimon , they mentioned in the email they can request the transfer of the case.
Should I contact KCC and request the transfer, or just let Suva take care it it?
I’m oc13##, looking to be current hopefully next month