DV 2023 AOS (Adjustment of Status) Only

[Silverfox]

Hello,
My wife and I have received our 2NL and are in the middle of putting our package together as we will be current soon. We opted not to send a DS-260. Our son was born here in the US one month ago and I'm wondering whether;

a) we need to complete a separate I-485 for him as a derivative/child? Being born here automatically makes him a US citizen (I think) so I'm not sure exactly what his status is when his parents are not citizens.

b) would he also need to undergo the medical exam?

 

[Sm1smom]

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
?

You need a one time access request.

 

[Sm1smom]

Hello,
My wife and I have received our 2NL and are in the middle of putting our package together as we will be current soon. We opted not to send a DS-260. Our son was born here in the US one month ago and I'm wondering whether;

a) we need to complete a separate I-485 for him as a derivative/child? Being born here automatically makes him a US citizen (I think) so I'm not sure exactly what his status is when his parents are not citizens.

b) would he also need to undergo the medical exam?

1. No, your child is already a USC regardless of whatever his parents’ status is.
2. See 1 above.

 

[mohammedm]

You need a one time access request.

I'm still not able to update my spreadsheet

 

[Sm1smom]

I'm still not able to update my spreadsheet

Access granted.

p.s. While the eagerness to update the spreadsheet is appreciated, exercising some patience is also required and appreciated. I have a life dedicated to other things outside of this forum.

 

[mohammedm]

Access granted.

p.s. While the eagerness to update the spreadsheet is appreciated, exercising some patience is also required and appreciated. I have a life dedicated to other things outside of this forum.

I'm sorry! I didn't mean to rush you. Thanks anyway

 

[Silverfox]

1. No, your child is already a USC regardless of whatever his parents’ status is.
2. See 1 above.

Great thanks.
Also, my wife (principle applicant) has been receiving California State Disability Insurance (SDI) payments during and after her pregnancy and both of us may be receiving Paid Family Leave (PFL) payments.
1. Will this affect our eligibility/public charge?
2. As it's 'insurance' and deducted from wages, do we need to mention them at Part 8, 68a/68c on the I-485?

 

[AzarUmudov]

Hi,

I tried replying to the relevant post, but the forum doesn't allow me and gives this alert "Your content can not be submitted. This is likely because your content is spam-like or contains inappropriate elements. Please change your content or try again later. If you still have problems, please contact an administrator"

My question is regarding q.61 - Are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)

Is it subjected to all DV-based AOS? Because the following questions (62-68) are about annual income, household size, etc which F1 students usually don't have. If it is, as an F1 student, how should I answer them?

 

[Makee]

Hi,

I tried replying to the relevant post, but the forum doesn't allow me and gives this alert "Your content can not be submitted. This is likely because your content is spam-like or contains inappropriate elements. Please change your content or try again later. If you still have problems, please contact an administrator"

My question is regarding q.61 - Are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)

Is it subjected to all DV-based AOS? Because the following questions (62-68) are about annual income, household size, etc which F1 students usually don't have. If it is, as an F1 student, how should I answer them?

I have same problem and same questions.

 

[Sm1smom]

Great thanks.
Also, my wife (principle applicant) has been receiving California State Disability Insurance (SDI) payments during and after her pregnancy and both of us may be receiving Paid Family Leave (PFL) payments.
1. Will this affect our eligibility/public charge?
2. As it's 'insurance' and deducted from wages, do we need to mention them at Part 8, 68a/68c on the I-485?

SDI and PFL are insurance benefits like you rightly observed already, they are not supplemental government cash assistance or cash benefits for income maintenance which falls under public charge. You can go through this California Immigration Guide on Public Benefits and Public Charge for additional information.

 

[Sm1smom]

Hi,

I tried replying to the relevant post, but the forum doesn't allow me and gives this alert "Your content can not be submitted. This is likely because your content is spam-like or contains inappropriate elements. Please change your content or try again later. If you still have problems, please contact an administrator"

My question is regarding q.61 - Are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)

Is it subjected to all DV-based AOS? Because the following questions (62-68) are about annual income, household size, etc which F1 students usually don't have. If it is, as an F1 student, how should I answer them?

I already answered this question. ALL DV based AOS applications are subject to INA212(a)(4). DV based applicants are not exempt regardless of if they are working or not, regardless of their age.

Household size for a F1 student with no dependents or derivatives will be listed as 1. The annual household income for a F1 student who has no income because they are not authorized to work (and is not earning an income by working “under the table”) will be $0-$27,000. There are applicable options for a minor or anyone without an income, assets, or liabilities to choose from for each question. You just need to read them carefully.

 

[Sm1smom]

Below is a sample pre-filed form I-485 (new form) for some of those struggling with how to fill the form. This sample, while it is meant to reflect the situation of a student working as a RA or TA, can also be used by a student with no income. You just need to select your applicable option.

Sample I485_Arya Stark_Main Applicant

Please note, this sample should not be used for a minor who is applying as a derivative. Yes a minor may not be earning a personal income, however the minor’s household size, income, assets, and liabilities will be reflective of whatever is applicable to the parent(s).

 

[Sm1smom]

Hi,

I tried replying to the relevant post, but the forum doesn't allow me and gives this alert "Your content can not be submitted. This is likely because your content is spam-like or contains inappropriate elements. Please change your content or try again later. If you still have problems, please contact an administrator"

I have same problem

You’re getting the above error message because:
1. Your profile is relatively new, or you haven’t been active enough in the forum;
and
2. The message you’re trying to post contains a link (could be a link from another member’s post which you’ve quoted or your own new link), and/or an attachment.

The site is therefore flagging your post as spam and subsequently preventing you from submitting that particular post. To get past the error message, you can summarize the post you’re trying to quote/respond to, like @AzarUmudov did above, or write the reference number related to the post you’re trying to quote/respond to.

 

[Makee]

You’re getting the above error message because:
1. Your profile is relatively new, or you haven’t been active enough in the forum;
and
2. The message you’re trying to post contains a link (could be a link from another member’s post which you’ve quoted or your own new link), and/or an attachment.

The site is therefore flagging your post as spam and subsequently preventing you from submitting that particular post. To get past the error message, you can summarize the post you’re trying to quote/respond to, like @AzarUmudov did above, or write the reference number related to the post you’re trying to quote/respond to.

I'll do that way. Thank you.

 

[Astrix69]

hi, thanks for your work! my case EU17000 i94 before April (I entered on a visa in b1/2) ds260 was sent back in May with a venue in Europe, but I can’t go there for some reason, so I have a few questions:
1) can I apply for AOS, will it be a problem that I entered on a b1/2 visa
2) I understand correctly that I can apply as soon as the case becomes current, but in my ds260 the city for (CP) is already assigned. What will happen if I am assigned an interview after my number becomes current, if the KCC does not have time to process my request (change CP to AOS)

 

[Sm1smom]

hi, thanks for your work! my case EU17000 i94 before April (I entered on a visa in b1/2) ds260 was sent back in May with a venue in Europe, but I can’t go there for some reason, so I have a few questions:
1) can I apply for AOS, will it be a problem that I entered on a b1/2 visa
2) I understand correctly that I can apply as soon as the case becomes current, but in my ds260 the city for (CP) is already assigned. What will happen if I am assigned an interview after my number becomes current, if the KCC does not have time to process my request (change CP to AOS)

When does your I94 expire and what is your current status in the US? The answers to these two questions are important as they determine your AOS eligibility to start with.

 

[Astrix69]

When does your I94 expire and what is your current status in the US? The answers to these two questions are important as they determine your AOS eligibility to start with.

i94 expires in April 2023, now I am in the legal status of b1/2, if in the next 2 months my case becomes current, can I apply for AOS? But what if my DS260 has already been checked in KCC and after my case becomes current, I will receive an invitation for an interview in Europe?

 

[Rise__Above]

Hi Sm1mom,

Question 68a (I-485) asks the applicant to indicate if he or she has ever received SSI, TANF, or state/local/tribal/territorial cash assistance for income maintenance.

I never applied for public assistance of any kind, but I received the checks from the Federal government (during Covid) and check from my state (for all state residents).

Should my answer be "Yes" or "NO"

Thanks,

 

[Sm1smom]

i94 expires in April 2023, now I am in the legal status of b1/2, if in the next 2 months my case becomes current, can I apply for AOS? But what if my DS260 has already been checked in KCC and after my case becomes current, I will receive an invitation for an interview in Europe?

If your CN gets listed as current on the VB before your current status expires, yes you can go ahead and apply for AOS. You however need to inform the KCC of your plan to switch over from CP to AOS to ensure they do not schedule you for a CP interview based on your CP selection on your DS260 form. If you do not inform them in a timely manner, KCC will go ahead and forward your case file to the embassy in Europe once they schedule your interview, and if your case file gets sent to the embassy in Europe, you will not be able to complete the AOS process unless you are able to get the embassy to send back your case file to USCIS - KCC will not help you retrieve the case file once it gets sent.

 

[Sm1smom]

Hi Sm1mom,

Question 68a (I-485) asks the applicant to indicate if he or she has ever received SSI, TANF, or state/local/tribal/territorial cash assistance for income maintenance.

I never applied for public assistance of any kind, but I received the checks from the Federal government (during Covid) and check from my state (for all state residents).

Should my answer be "Yes" or "NO"

Thanks,

Do you mean the COVID-19 Stimulus Check/Economic Impact Pay (EIP)? If yes, those are not SSI, TANF, or state/local/tribal/territorial cash assistance for income maintenance