DV 2023 AOS (Adjustment of Status) Only

[Sm1smom]

Hello ! I sent my AOS package last week and it was supposed to arrived today. The status of the package from the tracking number says “Available for pickup” instead of Delivered. According to google, when the status says that, it means that the package couldn’t fit in the P.O. Box and so it needs to be picked up at the counter. Do you know if U.S department of state or USCIS agents go at the counter to ask for packages or do I have to ask USPS to send me my package back to put it in maybe a smaller container for it to be able to fit in the P.O. Box ? Please let me know if you can

Be patient, that’s all you really need to do for now.

 

[Do_Kmy2]

Be patient, that’s all you really need to do for now.

You’re right ! The status just changed from Available for pick up to delivered !

 

[Sm1smom]

Hello,

I received this letter from KCC. Is this the second NL? I sent them the money order with SASE a month ago but still haven't received the receipt.

Thank you,
Karim

Yes

 

[Sm1smom]

You’re right ! The status just changed from Available for pick up to delivered !

Not surprised.

 

[Abhishek Sharma]

Hey Brit Simons, how are you? My case number is 18k from Nepal in AS region. Currently, I am in F1 visa. I am going to do AOS. My case is very high as the highest case number is 21k in Nepal. There are couple of questions.

1. When should I fill DS 260 form?
2. Should I send the AOS package before September 2023?
3. Is there any chance for me with this high case number for AOS?

 

[Sm1smom]

Hey Brit Simons, how are you? My case number is 18k from Nepal in AS region. Currently, I am in F1 visa. I am going to do AOS. My case is very high as the highest case number is 21k in Nepal. There are couple of questions.

1. When should I fill DS 260 form?
2. Should I send the AOS package before September 2023?
3. Is there any chance for me with this high case number for AOS?

1. Whenever you feel confident enough about the possibility of your CN becoming current. However, before you submit the DS260 or do anything else, I recommend you spend some quality time going through the AOS Process document (see the signature section of my post, or the first post on this thread to find the link to the spreadsheet).
2. You need to go through the AOS Process spreadsheet first.
3. Sorry I'm unable to make predictions.

p.s. I am not "Brit Simons".

 

[Suze]

The question wants to know if you have in the past, or are likely to become primarily dependent on the U.S. Government for subsistence in the future. Dependency on U.S. Government for subsistence means either:

(a) Receipt of public cash assistance for income maintenance (see paragraph b below); or
(b) Institutionalization for long-term care at U.S. Government expense (see paragraph d below). Short-term confinement in a medical institution for rehabilitation does not constitute primary dependence on the U.S. Government for subsistence.

Defining Public Cash Assistance: In the "public charge" context, "public cash assistance” for income maintenance includes:
(1) Supplemental security income (SSI);
(2) Cash temporary assistance for needy families (TANF), but not including supplemental cash benefits or any non-cash benefits provided under TANF; and
(3) State and local cash assistance programs that provide for income maintenance (often called state general assistance).
(4) (U) These types of assistance are sometimes also referred to as “means tested benefits.”

So based on the above, if you have been a public charge in the past, or plan on becoming a public charge in the future, then you’re subject to INA212(a)(4) inadmissibility.

Hi Mom, thanks again for doing everything you do to maintain this resource.

I actually have a similar question regarding item 61 on form I-485 ("Are you subject to the public charge ground of inadmissibility under INA section 212(a)4?").

As I understood it from the USCIS policy memo, the final rule on public charge, and the USCIS Q&A about this issue, most applicants for AOS (with exceptions for asylees for example) are subject to the public charge ground of inadmissibility. Based on this, I interpreted the question to mean that all non-exempt DV applicants for AOS would have to answer "yes" to question 61 (and fill in questions 62-68d on the form in order to demonstrate that they are not likely to become a public charge).

I've attached screenshots of the USCIS Q&A page (I tried to link to the pages themselves, but this prevented me from posting my comment).

Please let me know your thoughts on this and thanks again!

 

[Sm1smom]

Hi Mom, thanks again for doing everything you do to maintain this resource.

I actually have a similar question regarding item 61 on form I-485 ("Are you subject to the public charge ground of inadmissibility under INA section 212(a)4?").

As I understood it from the USCIS policy memo, the final rule on public charge, and the USCIS Q&A about this issue, most applicants for AOS (with exceptions for asylees for example) are subject to the public charge ground of inadmissibility. Based on this, I interpreted the question to mean that all non-exempt DV applicants for AOS would have to answer "yes" to question 61 (and fill in questions 62-68d on the form in order to demonstrate that they are not likely to become a public charge).

I've attached screenshots of the USCIS Q&A page (I tried to link to the pages themselves, but this prevented me from posting my comment).

Please let me know your thoughts on this and thanks again!

Oops! Ma bad. You are correct, my previous response is rather off track. DV based AOSers are subject to INA(a)(4) and should answer YES to question 61 (and fill out questions 62-68d in addition).

This Public Charge Ground of Inadmissibility Policy Memo clearly spells it out where it says:
"The public charge ground of inadmissibility, therefore, applies to any noncitizen applying for a visa to come to the United States temporarily or permanently, for admission, or for adjustment of status to that of a lawful permanent resident (LPR). Congress has exempted by statute certain applicants for a visa, admission, or adjustment of status from the public charge ground of inadmissibility."

Thanks for asking your follow-up question on this.

 

[Sm1smom]

Hi Mom, I would like to ask about new edition I-485. Question # 61. Are you subject to the public charge ground of inadmissibility under INA section 212(a)4?
I am interesting they would like to know if I have received public assistance from any source and if I likely to receive it in future from any source ? Please, explain what does the question mean now. What do I have to answer yes or no, if I have never asked for it and I do not want to do it in future.Thank you !

Do ignore my previous response to the above question. A more applicable response below:

You have to answer "YES" to question 61, all DV based AOS applicants are subject to INA 212(a)(4). By answering the follow-up questions 62-68, you're subsequently trying to demonstrate that while you may be subject to the INA 212(a)(4), you are unlikely to become a public charge based on the information you are providing.

 

[Do_Kmy2]

Do ignore my previous response to the above question. A more applicable response below:

You have to answer "YES" to question 61, all DV based AOS applicants are subject to INA 212(a)(4). By answering the follow-up questions 62-68, you're subsequently trying to demonstrate that while you may be subject to the INA 212(a)(4), you are unlikely to become a public charge based on the information you are providing.

Ho no! Well, what does that mean for AOSers who answered “no” to that question ?

 

[Sm1smom]

Ho no! Well, what does that mean for AOSers who answered “no” to that question ?

I don’t know. I don’t want to speculate considering this is a new form. Maybe they will invited for an interview and be given an opportunity to update their form. We’ll just have to wait and see

 

[Shahap]

Hello Sir, In my initial entry i put my name( ali ali ayub) but in my passport it is ( ali ayub ). I put my name repeatedly in middle name. also i filled ds260 according to my passport, is that make me disqualify?
Please reply thank you.

 

[bluebird99]

Do ignore my previous response to the above question. A more applicable response below:

You have to answer "YES" to question 61, all DV based AOS applicants are subject to INA 212(a)(4). By answering the follow-up questions 62-68, you're subsequently trying to demonstrate that while you may be subject to the INA 212(a)(4), you are unlikely to become a public charge based on the information you are providing.

Hi mom, a related question -

If the bulk of our assets/liabilities tallied in qs 64, 65 are held outside of the US, would you recommend frontloading with further documentation to evidence this or is this overcomplicating? For context, my concern here is while I think my US financial documentation (per AOS doc) should be sufficient to prove I wouldn't be a public charge (I hope, at least), it only covers a portion of the total figures requested in these questions (foreign condo/loan are bulk) and I don't want to seem like I am omitting anything

 

[Sm1smom]

Hello Sir, In my initial entry i put my name( ali ali ayub) but in my passport it is ( ali ayub ). I put my name repeatedly in middle name. also i filled ds260 according to my passport, is that make me disqualify?
Please reply thank you.

Are you processing AOS or CP?

 

[Sm1smom]

Hi mom, a related question -

If the bulk of our assets/liabilities tallied in qs 64, 65 are held outside of the US, would you recommend frontloading with further documentation to evidence this or is this overcomplicating? For context, my concern here is while I think my US financial documentation (per AOS doc) should be sufficient to prove I wouldn't be a public charge (I hope, at least), it only covers a portion of the total figures requested in these questions (foreign condo/loan are bulk) and I don't want to seem like I am omitting anything

I wouldn’t recommend doing so, to prevent needless complications.

 

[Shahap]

Are you processing AOS or CP?

Are you processing AOS or CP?

Thank you.

CP my case is current i am so worrying about my name. If you answer I will be appreciated.

 

[Sm1smom]

CP my case is current i am so worrying about my name. If you answer I will be appreciated.

You need to post your questions on the CP thread in that case as this thread is for AOS related questions/issues only.

 

[megha_]

a. Derivative’s educational documents are not required.

Thank you @Sm1smom , In form I-485, filling for derivatives. We need to select

Do ignore my previous response to the above question. A more applicable response below:

You have to answer "YES" to question 61, all DV based AOS applicants are subject to INA 212(a)(4). By answering the follow-up questions 62-68, you're subsequently trying to demonstrate that while you may be subject to the INA 212(a)(4), you are unlikely to become a public charge based on the information you are providing.

Thank you. I too filled this NO , changes to YES now.
a) Do household income includes , both myself and my spouse income and liabilities?
b) Do car lease and credit card comes under liabilities ?

 

[Sm1smom]

Thank you @Sm1smom , In form I-485, filling for derivatives. We need to select

Thank you. I too filled this NO , changes to YES now.
a) Do household income includes , both myself and my spouse income and liabilities?
b) Do car lease and credit card comes under liabilities ?

a. Household income includes you and your spouse’s combined income.
b. Car leases or car loans and credit card debts fall under liabilities

 

[mohammedm]

Hey,
I had the access to the spreadsheet but today I want to update mine and add cashed date of the dv payment but it says that I need a permission to edit the spreadsheet. So my question is do I need to send a request for a permission every time I need to update something on the spreadsheet
?