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DV 2023 AOS (Adjustment of Status) Only

Sm1smom

Super Moderator
Congratulations on your selection for DV 2023.

This Thread is intended for DV 2023 selectees currently based in the US who wish to proceed with their selection by processing AOS (Adjustment of Status).

The AOS process may initially seem complicated and confusing; and you probably have a gazillion questions to ask. But before you start doing so, please take some time and go through the AOS Process Spreadsheet (link below). It has a step by step guide on DV based AOS process. If you have follow up questions AFTER going through the spreadsheet, then feel free to post them on this Thread.

Be sure to also take advantage of the DV 2023 Timeline Spreadsheet for tracking your progress once you get started. Don't wait until you've completed the process before updating the spreadsheet, updating it as you progress along will be helpful to you and your fellow AOSers.

DISCLAIMER:
The spreadsheet is a GUIDE based on collections of experience - it is not USCIS sanctioned (but definitely more detailed than any information you can get directly from USCIS - either in person or on the phone). It is also a lot more reliable than what you will get from most immigration attorneys. However, please remember, while you may be relying on this spreadsheet and the subsequent guidance you will get in this forum free of charge, you're still personally responsible for your own case at the end of the day.

Good luck!

Link to AOS Process Spreadsheet
Link to DV 2023 AOS Timeline Spreadsheet

NOTE:
DS260 form submission is not compulsory for AOSers, however, submitting it is encouraged/recommended. And if you're wondering "how do I complete the DS260 form"? Completing the DS260 for DV lottery entrants by Simon is your go to source.
 

Diophantus

New Member
Hi, I am the winner of DV 2023. I have a high case number of 20XXX from asia region(Nepal). Is it too early to fill up the DS-260? I am in US in student visa. I am looking to go back to homecountry in coming winter vacation I.e. december/january for a month. Would filling the DS-260 now be a trouble to me while entering US back after winter vacation? Any suggestions would be highly appreciated.
 

ioanaiio

New Member
Hello ..I m the winner of DV 2023..Right now i m in US on a work visa that expires in 3 weeks..Can i do something to apply from here?Thank you!
 

SusieQQQ

Well-Known Member
Hello ..I m the winner of DV 2023..Right now i m in US on a work visa that expires in 3 weeks..Can i do something to apply from here?Thank you!
Not in the next three weeks, no. The absolute earliest you could apply to adjust status, if you had a case number current for October, would be after the release of the relevant visa bulletin around mid-August.
 

Djabari

New Member
Hi, I am the winner of DV 2023. I have a high case number of 61xxx from Africa . When I try to fill the ds 260 i can read on the next page that my request can’t be processed this time . It’s to early to fill the ds 260 or something wrong with case number . Please need help to know what to do
 

Sm1smom

Super Moderator
Hi, I am the winner of DV 2023. I have a high case number of 20XXX from asia region(Nepal). Is it too early to fill up the DS-260? I am in US in student visa. I am looking to go back to homecountry in coming winter vacation I.e. december/january for a month. Would filling the DS-260 now be a trouble to me while entering US back after winter vacation? Any suggestions would be highly appreciated.
Are you processing AOS or CP? If you’re planning on processing AOS, there’s really no need to rush into submitting the DS260 at this point considering your CN seems rather high and it might not become current. DS260 submission is a demonstration of an immigrant intent which may make future NIV application approval quite difficult for you.
 

Sm1smom

Super Moderator
Hi, I am the winner of DV 2023. I have a high case number of 61xxx from Africa . When I try to fill the ds 260 i can read on the next page that my request can’t be processed this time . It’s to early to fill the ds 260 or something wrong with case number . Please need help to know what to do
Other selectees are reporting the same issue. This is most likely due to thousands of selectees trying to fill out the form at the same time. You can wait a while before trying again.
 

StephenF

New Member
First Post for me here. Only found this wonderful forum today too. I'm still trying to understand everything, so please excuse any newbe silly questions.

First time DV entry and I was selected for further processing. Case number is 2023OC17xx. Like I said, I'm still trying to understand everything, but from what I can tell that is a reasonably high number for OC? I know no-one can guarantee anything, but doesn't anyone have any feel for if that will will make the cut off (or whatever it is called).

I'm currently working in the US on an E3 visa, and now I've got myself worried. My E3 expires in August and I hadn't decided how I was going to renew it this time, but I was thinking of doing it either in Canada or Australia (if I can get an appointment at an embassy). I've already renewed twice previously, the first time thru the Melbourne embassy and last time thru USCIS. It took nearly a year for USCIS to process it last time. It was right in the middle of Covid, so that was the the only option available to me.

I was also hoping for a trip back to Australia later this year regardless, but I have just come to realize that I would stand a good chance of being denied re-entry due to intent.

I've seen mention of the AED card. Is that something I should be looking at? And if so, at what point should I be looking at submitting an I-765 given my visa is fairly close to expiring. I did see the note about losing my current E3 status as a fallback if I go this route.

My other thought at this time was to just attempt to renew my E3 thru USCIS again, and hope that it doesn't get processed before get I get my GC? Or maybe a combination, submit E3 renewal thru USCIS, then after a "while", submit the I-765?

Any suggestions greatly appreciated.
 

Sm1smom

Super Moderator
First Post for me here. Only found this wonderful forum today too. I'm still trying to understand everything, so please excuse any newbe silly questions.

First time DV entry and I was selected for further processing. Case number is 2023OC17xx. Like I said, I'm still trying to understand everything, but from what I can tell that is a reasonably high number for OC? I know no-one can guarantee anything, but doesn't anyone have any feel for if that will will make the cut off (or whatever it is called).

I'm currently working in the US on an E3 visa, and now I've got myself worried. My E3 expires in August and I hadn't decided how I was going to renew it this time, but I was thinking of doing it either in Canada or Australia (if I can get an appointment at an embassy). I've already renewed twice previously, the first time thru the Melbourne embassy and last time thru USCIS. It took nearly a year for USCIS to process it last time. It was right in the middle of Covid, so that was the the only option available to me.

I was also hoping for a trip back to Australia later this year regardless, but I have just come to realize that I would stand a good chance of being denied re-entry due to intent.

I've seen mention of the AED card. Is that something I should be looking at? And if so, at what point should I be looking at submitting an I-765 given my visa is fairly close to expiring. I did see the note about losing my current E3 status as a fallback if I go this route.

My other thought at this time was to just attempt to renew my E3 thru USCIS again, and hope that it doesn't get processed before get I get my GC? Or maybe a combination, submit E3 renewal thru USCIS, then after a "while", submit the I-765?

Any suggestions greatly appreciated.
1. We currently have no idea as to the total number of people selected for DV2023, in addition the first couple of VB for DV2023 (which may show a trend) have not even been released (the first of those comes out in August by the way), this is why it is hazard for anyone to hazard a guess as to the possibility of your CN becoming current or not. One thing that is clear though if the if the CN gets to become current, that will not be anytime soon. Most definitely not in 2022.
2. If your current E3 visa is set to expire in August, you need to focus on getting it renewed in that case if you wish to continue working in the US and if you wish to process AOS as you need to be in a valid status in order to be eligible to process AOS.
3. Forget about everything you've read concerning an EAD card for now, you cannot apply for an AOS based EAD without having filed for AOS. You cannot file for AOS before VB shows when your CN becomes current. So again, focus on getting your E3 renewed as you normally would have done if you hadn't been selected for the visa lottery.
4. If you decide to apply through USCIS (as against going to an embassy to renew the E3), you would actually need for USCIS to approve the E3 application before you can file for AOS.

Hopefully you have not yet submitted your DS260 form as that constitutes declaration of an immigrant intent which could impact the E3 renewal through the embassy. You have nothing to worry about re-entry denial as long as you've not yet submitted the DS260 form.

p.s. number your questions if you have more than one per post.
 

StephenF

New Member
Thank you so much for your prompt and detailed response. It eases my mind some, especially your last comments.

I will concentrate on renewing my E3.

So basically I should do nothing as far as my DV goes until I more confident my CN will become current?
 

Silverfox

New Member
Hello, thank you for this amazing resource! My wife and I were recently selected for DV2023. Our CN is 2023OC12XX and we are planning on processing AOS. We are currently on our second 0-1, which we were approved for a year ago whilst here in the USA. We haven't left the country since so although we have a new I-797A and I-94 with new dates (valid until 2024), we would have to visit a consulate next time we leave the country to activate the visa, do the interview etc. My wife is planning on traveling internationally in July for a couple of months so I have a few questions:
1. Would it be better to hold off submitting a DS-260 until she returns? I'm worried that if we submit now it will show intent and that could affect either her consulate interview or cause problems at the border.
2. Considering our number is 12XX, is it risky to wait too long to submit a DS-260
3. If we did submit our DS-260 now would we still have to submit an AP before travel? I've read that when you travel with an AP once you return your previous status (0-1 in our case) is no longer valid whilst the I-485 is pending. Is this true? I'm worried that if we missed our interview or there is some other problem with our case that she would then be out of status.
4. I've read that although an 0-1 is not a dual-intent visa on paper, it's a sort of 'soft intent', so processing AOS (and potentially failing) won't affect future NIV applications. Is there any truth to that?
 

Sm1smom

Super Moderator
Thank you so much for your prompt and detailed response. It eases my mind some, especially your last comments.

I will concentrate on renewing my E3.

So basically I should do nothing as far as my DV goes until I more confident my CN will become current?
Yeah for now. Actually not completely do nothing - you can (should) use the down time to familiarize yourself with the AOS process by reviewing the AOS Process Spreadsheet (and checking in on this forum now and then, from Oct, to keep abreast of the conversation and what's going on).
 

Sm1smom

Super Moderator
Hello, thank you for this amazing resource! My wife and I were recently selected for DV2023. Our CN is 2023OC12XX and we are planning on processing AOS. We are currently on our second 0-1, which we were approved for a year ago whilst here in the USA. We haven't left the country since so although we have a new I-797A and I-94 with new dates (valid until 2024), we would have to visit a consulate next time we leave the country to activate the visa, do the interview etc. My wife is planning on traveling internationally in July for a couple of months so I have a few questions:
1. Would it be better to hold off submitting a DS-260 until she returns? I'm worried that if we submit now it will show intent and that could affect either her consulate interview or cause problems at the border.
2. Considering our number is 12XX, is it risky to wait too long to submit a DS-260
3. If we did submit our DS-260 now would we still have to submit an AP before travel? I've read that when you travel with an AP once you return your previous status (0-1 in our case) is no longer valid whilst the I-485 is pending. Is this true? I'm worried that if we missed our interview or there is some other problem with our case that she would then be out of status.
4. I've read that although an 0-1 is not a dual-intent visa on paper, it's a sort of 'soft intent', so processing AOS (and potentially failing) won't affect future NIV applications. Is there any truth to that?
1&2: Your CN is not on the low side, not likely to become current in 2022, so you can wait until she returns before submitting the DS260 form.
3. You become eligible to file for an AP card when you send in your AOS package, not when you submit the DS260 form. I highly recommend you go through the AOS Process Spreadsheet to familiarize yourself with the process and the steps involved.
4. That is a grey area which I cannot address.
 

bluebird99

New Member
Hi mom

DV 2023 selectee here, AF52XXX, living in LA on F-1 OPT which will be valid through the FY2023 deadline. Thanks for all the useful information and responses (I've now scoured the threads, materials, data, by britsimonsays and xarthisius too). I know it's too early to tell much on case numbers etc but seems certain I'm not getting called up in 2022.

I read on the AOS spreadsheet where it says that "most, if not all DV AOS cases get adjudicated before the end of the FY". I know you've seen AOS cases approved with late filing dates (some exceptionally even in September), and I've seen some AF50k cases approved that only became current in August (2018).

Question: is it your experience that even high case numbers that become current later in the calendar year of the deadline still get AOS adjudication? Just trying to assess whether the DV AOS's adjudication rate is still good for higher (later) cases.

Thanks again! All the info saved me from filing DS260/paying DV fee prematurely.
 

Sm1smom

Super Moderator
Hi mom

DV 2023 selectee here, AF52XXX, living in LA on F-1 OPT which will be valid through the FY2023 deadline. Thanks for all the useful information and responses (I've now scoured the threads, materials, data, by britsimonsays and xarthisius too). I know it's too early to tell much on case numbers etc but seems certain I'm not getting called up in 2022.

I read on the AOS spreadsheet where it says that "most, if not all DV AOS cases get adjudicated before the end of the FY". I know you've seen AOS cases approved with late filing dates (some exceptionally even in September), and I've seen some AF50k cases approved that only became current in August (2018).

Question: is it your experience that even high case numbers that become current later in the calendar year of the deadline still get AOS adjudication? Just trying to assess whether the DV AOS's adjudication rate is still good for higher (later) cases.

Thanks again! All the info saved me from filing DS260/paying DV fee prematurely.
You have already answered your question in your own post. If you want my specific response, not sure why you still need me to validate that. You can actually take a look at some of the past Timeline spreadsheets to confirm this - you will see information about when some of the higher CNs became current, when they filed, and when they completed the process.
 

Diophantus

New Member
Hi I have a quick question so for the adjustment of status for f1 student should they must have the valid visa during the day of interview Or not? because f1 student can stay in US as long as they maintain their student status despite of expiration of visa. I am the dv winner for Nepal(20K c.n.) and my f1 visa expire in may 2023. Since case number is too high, I dont see the case number becoming current before may 2023.
 

DV_AOS

New Member
Hi I have a quick question so for the adjustment of status for f1 student should they must have the valid visa during the day of interview Or not? because f1 student can stay in US as long as they maintain their student status despite of expiration of visa. I am the dv winner for Nepal(20K c.n.) and my f1 visa expire in may 2023. Since case number is too high, I dont see the case number becoming current before may 2023.
Your Visa determine your eligibility to enter in to the US, but for the AOS you need a valid status, like F1. So, it doesn't matter if your Visa is expired or not as long as you maintain your F1 status you are good.
 
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