DV 2023 AOS (Adjustment of Status) Only

[Vega2000]

Departing from the US without an approved AP card while an AOS application is pending will lead to the AOS application being deemed as abandoned. In the unlikely situation of a GC being issued under such circumstances, the GC will be deemed void with the LPR status eventually revoked.

Thanks for the explanation, hope our situation would be clear %100 asap so we can move forward.

 

[x27]

I am not out of status but thanks a lot for this precious advice.

A formal denial letter might also help on future AOS or Visa applications because if you were denied AOS just because the visas were exhausted then that wouldn`t make a huge impact on future visa applications.

 

[Sm1smom]

If you leave the US, your AOS application will automatically get cancelled. But also if you are out of status, there might be a potential ban from traveling to the US. For this reason, wait for your denial letter and if it indicates you have to go to court, go to court and explain your situation. Court might give you a grace period to voluntarily leave the US. This would decrease the probability of denial of your future US visa applications.

DV based denial letter has never given an option of attending a court hearing AFAIK, it comes with the grace period of when to depart.

As we all acknowledged that, Dv2023 is over but some of us also has tiny amount of hope.

So I had my interview, my case is not approved and states that it is processing.

My question is;

If I leave the country at this point, my application get cancelled because I left here?

or

If that “miracle” happens while I am away, would I get my Greencard to my mailbox?

Thanks a lot again guys.

My recommendation to you is to be mindful of when your authorized stay expires and to depart from the US one or two days before it does as a matter of fact, if you do not want your current B1B2 to automatically become invalid once you go out of status and your AOS application eventually gets denied.

 

[Sm1smom]

A formal denial letter might also help on future AOS or Visa applications because if you were denied AOS just because the visas were exhausted then that wouldn`t make a huge impact on future visa applications.

It may not have a huge negative impact, assuming OP departs from the US before their current authorized stay expires. If they wait until they fall out of status before departing from the US, they can kiss future NIV approval goodbye for quite a while.

 

[Vega2000]

Another question, I am brainstorming at this point so please accept my apologies if my questions are unrelated.

At this point which would more beneficiary for future visa acquisition purposes and traveling purposes? Getting a denial letter or Cancelling it by leaving?

 

[x27]

DV based denial letter has never given an option of attending a court hearing AFAIK, it comes with the grace period of when to depart.


My recommendation to you is to be mindful of when your authorized stay expires and to depart from the US one or two days before it does as a matter of fact, if you do not want your current B1B2 to automatically become invalid once you go out of status and your AOS application eventually gets denied.

So I have a valid F1 status and it will expire on December 2024, am I under risk of deportation if it`s denied? Also my visa will expire on June 2024, would a denial cause a trouble when I visit my family during Christmas back home?

 

[Sm1smom]

Another question, I am brainstorming at this point so please accept my apologies if my questions sound so stupid.

At this point which would more beneficiary for future visa acquisition purposes and traveling purposes? Getting denied or Cancelling it?

You already attended your interview - so application cancellation or withdrawal is moot at this point. And even if you were yet to attend your interview, you've already gone on record with the US immigration as having entered the US on a visitor's visa and filing for AOS as soon as you did. So case withdrawal makes no difference to the potential impact of a demonstrated immigrant intent on future NIV application in this case.

 

[Sm1smom]

So I have a valid F1 status and it will expire on December 2024, am I under risk of deportation if it`s denied? Also my visa will expire on June 2024, would a denial cause a trouble when I visit my family during Christmas back home?

No, of course not. You still have a valid status to fall back on, there's no deportation consideration in this case for as long as you've not violated your F1 status by using an AOS based EAD for employment, for instance, or stopped attending classes while your AOS application was pending.

As for the denial causing or not causing trouble for your at the POE, I cannot categorically say one way or the other. Each admission or re-admission is at the discretion of the CBP. A valid visa does not guarantee an admission.

 

[x27]

No, of course not. You still have a valid status to fall back on, there's no deportation consideration in this case for as long as you've not violated your F1 status by using an AOS based EAD for employment, for instance, or stopped attending classes while your AOS application was pending.

As for the denial causing or not causing trouble for your at the POE, I cannot categorically say one way or the other. Each admission or re-admission is at the discretion of the CBP. A valid visa does not guarantee an admission.

So at that point, it is recommended to show the classes I have registered for next semester, bank statements, proof of properties to overcome the assumption of immigrant intent just like visa application. Am I right?

Also no, according to International Student Office at my school, my SEVIS record is still continuing and all work experience I mentioned on my I-485 was authorized by either CPT or On-Campus employment. However, I entered the DV-2023 lottery 3 months after I arrive. Would that cause trouble?

 

[Vega2000]

DV based denial letter has never given an option of attending a court hearing AFAIK, it comes with the grace period of when to depart.


My recommendation to you is to be mindful of when your authorized stay expires and to depart from the US one or two days before it does as a matter of fact, if you do not want your current B1B2 to automatically become invalid once you go out of status and your AOS application eventually gets denied.

I am planning to leave the country before September 30th, and my B1B2 visa is valid until November. I am not gonna be out of status, all I want is leave here in peace at this moment actually. I assume that my visa won’t become invalid automatically If I leave today, right?

 

[onami]

DV based denial letter has never given an option of attending a court hearing AFAIK, it comes with the grace period of when to depart.


My recommendation to you is to be mindful of when your authorized stay expires and to depart from the US one or two days before it does as a matter of fact, if you do not want your current B1B2 to automatically become invalid once you go out of status and your AOS application eventually gets denied.

So if i stay with expired authorization during waiting aos decision i will lose my visa suddenly? And they will record this application then i will have trouble in future Niv application?

 

[Sm1smom]

So at that point, it is recommended to show the classes I have registered for next semester, bank statements, proof of properties to overcome the assumption of immigrant intent just like visa application. Am I right?

Also no, according to International Student Office at my school, my SEVIS record is still continuing and all work experience I mentioned on my I-485 was authorized by either CPT or On-Campus employment. However, I entered the DV-2023 lottery 3 months after I arrive. Would that cause trouble?

1. The onus is on you to always have applicable documentation for demonstrating you’re a bonafide student, whenever you’re traveling back to the US. So take whatever document you deem pertinent for demonstrating this.

2. Again, I cannot categorically answer YES or NO to that question. Admission or re-admission of a non-USCis at the discretion of the CBP.

 

[Sm1smom]

I am planning to leave the country before September 30th, and my B1B2 visa is valid until November. I am not gonna be out of status, all I want is leave here in peace at this moment actually. I assume that my visa won’t become invalid automatically If I leave today, right?

If your authorized stay as evidenced by your I-94 is valid till Nov (notice I said “authorized stay” and not visa), and you depart before that day in Nov, your visa will not automatically become invalid. However, you need to be aware the embassy could later on still cancel the visa if they become aware you used it to enter the US for the purpose of filing for AOS.

 

[Sm1smom]

So if i stay with expired authorization during waiting aos decision i will lose my visa suddenly? And they will record this application then i will have trouble in future Niv application?

If your AOS application eventually gets denied and you’re out of status by that time or before it gets denied, yes your existing visa will become invalid.

Yes, getting a new NIV will become an issue because you not only entered the US on a visitor’s visa with the purpose of filing for AOS, you also overstayed. And depending on how long you’ve overstayed, you may be facing a 3 or 10 year bar from returning to the US.

 

[Britsimon]

Gov has confirmed there were 917 AOS visas granted in DV2023.

 

[Vega2000]

Gov has confirmed there were 917 AOS visas granted in DV2023.

It could have been 1017~1057 if they didn’t stop granting in September. I bet this year numbers are less than last year.

 

[megdavidson26]

Gov has confirmed there were 917 AOS visas granted in DV2023.

Thanks.

Do you ever get data which shows what months those AOS cases were adjudicated?

 

[onami]

Thanks.

Do you ever get data which shows what months those AOS cases were adjudicated?

There is no data like that. They declared only total numbers.

 

[onami]

It could have been 1017~1057 if they didn’t stop granting in September. I bet this year numbers are less than last year.

We don't know they stopped granting visas for aos cases. Because they haven't denied anyone officially yet. On the contrary, they continue to approve it more verbally . I know verbal approval is nothing. But as far as I understand from this declaration they "can" issue visas more than cap according to their estimations. Maybe there will be a more understandable explanation.

 

[ebubekir]

So, as far as I understand, after DOS announcement such that DV2023 visas have been concluded there is no cases getting denial because of this.