DV 2023 AOS (Adjustment of Status) Only
- Thread starter Sm1smom
- Start date
Sm1smom
Super Moderator
Did you include a SASE with the payment?
Yes I did. But I folded it 3 times. Do you think that might be a problem?
Sm1smom
Super Moderator
That’s good. Is your CN current? If it isn’t, I’ll suggest wait a while longer for the receipt to show up. It isn’t unusual for it to take up to 8 weeks before it shows up.
Thank you very much!
JULIA-GLOWS
Member
Thank you! It’s was not subject to HRR. Also it was forever ago back in 2009. But my admission was under that category. My case is very unique. Hopefully I’ll be able to share one day with the community. I was recently granted a Temporary Protected Status and will adjust I-485 form based on that status.
SusieQQQ
Well-Known Member
And you’ve never fallen out of status at any time during your stay in the US?
JULIA-GLOWS
Member
I did. My political asylum case were administratively closed by the Ninth Circuit upon DHS’s exercise of prosecutorial discretion. Before TPS I had an authorization to stay and legally work in US. Will include a copies of all EAD cards including my recent one with an expatriation date in august 2023. TPS falls under 245 of the Act section 248 for the change of status. Section #3 in attached document. I have an updated form I-94 valid until 10/19/2023
Attachments
SusieQQQ
Well-Known Member
I’m confused by your answer, because you answered ”I did“ to the question of going out of status but then seem to describe a situation where you did not. I know one can adjust status from TPS, however DV is one of the categories where you cannot adjust if you have ever been out of status.
JULIA-GLOWS
Member
By “I did” I mean that I was under removal proceedings for a long period of time , without maintaining non-immigrant status such as F-1 etc, but were always authorized to stay and work in US while my asylum case were pending and finally were administratively closed back in 2015. I timely filed for asylum within one year of entry. Every removal order I was able to timely petitioned and appeal. That’s a situation. My most recent and current EAD card were under ”pending asylum“ category even though a case were administratively closed since 2015 with a relief of deportation and authorization to stay in US and engage in employment. Now I’m under TPS.
SusieQQQ
Well-Known Member
For someone who is not an expert in the intricacies of removal proceedings and legalities around them etc:
Were you ever, at any stage, out of status in the US? Just yes or no.
JULIA-GLOWS
Member
No!
sammsonlee
New Member
I submitted my DS260 since 19 July and still haven't received my 2NL, is that suppose to be normal and am i the only person with this same?
Sm1smom
Super Moderator
Yes, quite normal. You’ll see a couple of folks on the Timeline spreadsheet have had to wait 100+ days from DS260 submission to 2NL received date. Meanwhile be sure to check your spam box also, it sometimes goes in there.
Hi,
I have been selected (my wife as a dependent) for DV2023 with a CN very very low and already current. I am on H1B visa, whereas she is on J1 until February 2023 (then she will transition on H1B as well). We were planning on visiting our families oversea but now we don't know what the better strategy is, I have two questions:
1. My understanding is that H1B does have immigration intents, so if I submit AOS package and then leave the country for a 2 weeks vacation, I do not need AP card to come back. My question is what about my wife? In case of AOS package is submitted, will she need to submit for an AP card to return to the US? Please consider that both of us need to activate our visa stamps an so go through the consulate
2. Having a low CN already current how convenient would it be to wait to file AOS after the oversea vacation? The family visit will happen during Christmas so one possibility could be to wait and file AOS last week of December when we will come back in US. In this scenario, is it ok to proceed with the payment of the DV fee before leaving?
Thank you in advance for your replies and for this very very useful forum.
Nic
I have been selected (my wife as a dependent) for DV2023 with a CN very very low and already current. I am on H1B visa, whereas she is on J1 until February 2023 (then she will transition on H1B as well). We were planning on visiting our families oversea but now we don't know what the better strategy is, I have two questions:
1. My understanding is that H1B does have immigration intents, so if I submit AOS package and then leave the country for a 2 weeks vacation, I do not need AP card to come back. My question is what about my wife? In case of AOS package is submitted, will she need to submit for an AP card to return to the US? Please consider that both of us need to activate our visa stamps an so go through the consulate
2. Having a low CN already current how convenient would it be to wait to file AOS after the oversea vacation? The family visit will happen during Christmas so one possibility could be to wait and file AOS last week of December when we will come back in US. In this scenario, is it ok to proceed with the payment of the DV fee before leaving?
Thank you in advance for your replies and for this very very useful forum.
Nic
Blade_
Well-Known Member
1. You can leave US without an issue as long as your H1B is still valid and you are with the same employer.
2. Your wife's AOS would be deemed as abandoned upon leaving US.
3. Since some FOs don't schedule interviews until late in the FY, you don't know how long it would take for your AOS to get approved.
4. You can of course file AOS after Christmas, but note that you will be loosing some of your time, but it is still far away from the end of FA. So your decision.
5. Your wife may be subjected to year home stay, in that case you need a waver.
6. No one is current until October 1st. So you are not currently current.
PS: Since your wife's status will end in February, she will have to stay with no status until AOS is approved, I personally would prefer to sort out my immigration status over a family gathering.
Hi Blade, thank you very much for your reply.
1- In your point 5, this will apply in case after J my wife will only have AOS, she will be on H1B from february. Do you still think she may be subjected to year home stay? If so, could you explain more?
2- in your point 6, you totally right, I will be current from october 1st.
3- regarding your PS, as mentioned above, she will end J in february but she is already in H1B application process with the same employer. What does it mean " sort out immigration status over a family gathering"?
Thank you again,
Nic
AzarUmudov
New Member
Hi,
I have started collecting my adjustment of status documents. I am an international student. Some documents need to be translated into English and notarized. In my country, translation and notarial certification are stapling to the copy of the document. I read on some websites that stapling the documents for the AOS package is not recommended. Also, my i-20 is stapled by the university. Indeed, I can remove it or print my new i-20 but I can't remove staples from the documents that came from my country because they were kind of sewn with thread and there is a certification stamp on them. If I do that, I will damage the notary's approval. Do you think that sending these documents with staples might be a problem?
Besides, my birth certificate isn't in the same alphabet we have now in my country. When I was born, the transition to the Latin alphabet was newly approved and some organizations still used the old one. Therefore, the document is not in the Latin alphabet but it should have been in Latin. I have translated it into English and notarized it. In that period, because of inadequate government resources, the paper works weren't good. The birth certificates were printed in dark colors. That's why the photocopy of them is not too readable. Can these lead to a problem in my application?
Thanks a lot for your time and your assistance!
I have started collecting my adjustment of status documents. I am an international student. Some documents need to be translated into English and notarized. In my country, translation and notarial certification are stapling to the copy of the document. I read on some websites that stapling the documents for the AOS package is not recommended. Also, my i-20 is stapled by the university. Indeed, I can remove it or print my new i-20 but I can't remove staples from the documents that came from my country because they were kind of sewn with thread and there is a certification stamp on them. If I do that, I will damage the notary's approval. Do you think that sending these documents with staples might be a problem?
Besides, my birth certificate isn't in the same alphabet we have now in my country. When I was born, the transition to the Latin alphabet was newly approved and some organizations still used the old one. Therefore, the document is not in the Latin alphabet but it should have been in Latin. I have translated it into English and notarized it. In that period, because of inadequate government resources, the paper works weren't good. The birth certificates were printed in dark colors. That's why the photocopy of them is not too readable. Can these lead to a problem in my application?
Thanks a lot for your time and your assistance!
Blade_
Well-Known Member
1. I think she should consult with her J employer about the home stay requirement.
3. I think her H1B application would be deemed abandoned upon leaving US unless she does have an AP card. @Sm1smom may correct me here.
Nonetheless, it means that I prefer to get my hands on GC before thinking about seeing my family. But that is just me. That is an opinion.
Sm1smom
Super Moderator
How critical is visiting your family in December vs sending in your AOS package in October in order to get the AOS process rolling and hopefully get your GC ASAP?
If your wife's J1 is subject to a 2YHRR, she should already know about it. If she does not know that for a fact by now, she needs to follow up with her J1 employer right away to figure that out, because if she is, she needs to be working on the waiver right away - the waiver approval process can take a while.