DV 2025 AOS (Adjustment of Status) Process Only
- Thread starter Sm1smom
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Sm1smom
Super Moderator
1. She is subject to INA212(a)(4) and is required to answer YES to that question since she’s applying for AOS on the basis of being a DV selectee derivative, her AOS application is not based on humanitarian factors, which is what that exception clause is about.
2. She needs to list the type of public benefits which she received.
3. She should be prepared to demonstrate the public benefits where received while she was under the exception.
Sm1smom
Super Moderator
As explained in my previous response above, she is subject to INA 212(a)(4) on the basis of filing for a DV based AOS application. Even an asylee filing for a DV based AOS is equally subject to INA212(a)(4), and must answer YES to that question. If the asylee is filing for AOS based on their granted asylum, that is when the exception will apply and the person will be able to answer NO to that question.
Sky1es
New Member
I appreciate your input. And after researching this so more, I fully agree with you. I would like to share my vision of this after talking to an immigration attorney for the benefit of other people researching same topic. Please take it as an additional information available which might be completely false:
It is correct that everyone applying for AOS under DV need to answer "YES" to item number 61 in I-485.
For item number 68.a., (Have you ever received SSI, TANF, or State, Tribal, territorial, or local, cash benefits for income maintenance (often called 'General Assistance,' in the state context, but which also exist under other names)) we will select, "No" and I believe this is accurate even though she received "Refugee Cash Assistance". What she receive is a federal program (supplemental, special-purpose benefit), exempt from being considered by DHS (8 CFR § 212.22 - Public charge inadmissibility determination.), and should not be listed, as should not be listed SNAP, CHIP or Medicaid. It is not SSI, nor TANF, nor State, Tribal, territorial or local benefit.
Hello team,
It's apparent that the immigration officer will request the KCC and asylum office for my case file. However, I'm considering including the following in my AOS package:
It's apparent that the immigration officer will request the KCC and asylum office for my case file. However, I'm considering including the following in my AOS package:
- My DS-260 all filled forms print out from ceac.
- Printouts of my asylum I-589 form from USCIS.
Nya_Mahjoe
New Member
Hi,
Just to say hi on the AOS forum and to confirm action plan for initiating AOS:
1. Pay the processing fee ($330)
2. Do the medical whilst waiting for the receipt of payment
3. Send AOS package as soon as I receive the receipt
Thank you
Just to say hi on the AOS forum and to confirm action plan for initiating AOS:
1. Pay the processing fee ($330)
2. Do the medical whilst waiting for the receipt of payment
3. Send AOS package as soon as I receive the receipt
Thank you
Sm1smom
Super Moderator
Word of caution - when it comes to immigration, less is more.
Another word of caution - providing unsolicited information which an applicant thinks might be helpful can actually hurt the applicant’s case.
1. You can provide that if you like, it wouldn’t stop the IO from requesting the KCC file. Your KCC file contains more than the DS260 form.
2. Again, it wouldn’t stop the IO from requesting the asylum case file from the asylum office with jurisdiction over the case.
So no, that will not aid the IO in expediting the adjudication of your case, you’re not the source of truth for those required documentation.
Conclusion: don’t piss off your IO by making them waste their time wading through tonnes of irrelevant information which they’ve not specifically requested from you, and which they’ll still have to go through after requesting the information from the official source.
respect thank you how bout I-824 how much do you recommend including it on AOS package ?
Sm1smom
Super Moderator
I have no opinion on if an I-824 could/should be included with the AOS package for FTJ. I leave that decision for each FTJ filer to make on their own.
I think some or all of these references are mentioned in the Google Sheets documents (which are blocked from my location), but I looked up the age ol' debate about I-134 and I-864.
Do these references accurately reflect the fact that I-864 cannot be used in DV cases and I-134 must be used if needed?
1. USCIS Policy Manual, Chapter 6, Sec 3 - notes which categories are not required to use I-864, specifically referencing Diversity immigrants
2. 9FAM - 502.6-4.f(U)(6)(U) - notes I-864 is not a DV category to use this form and points to 9FAM 302.8
3. 9FAM - 302.8-2(B)(3)(U) - notes that, if needed, I-134 must be used by DV applicants since they are not authorized to use I-864
4. 9FAM - 601.14-3.b(3) - notes I-864 is not required for DV applicants
5. I-864 instructions - do not list DV applicants under "Who needs to submit I-864"
6. DV instructions on some U.S. embassy websites (e.g., Turkey) give guidance to use I-134, if needed
In short, 9FAM 302.8 gives the most clear instructions on using Form I-134 and not Form I-864, if needed in DV cases.
Do these references accurately reflect the fact that I-864 cannot be used in DV cases and I-134 must be used if needed?
1. USCIS Policy Manual, Chapter 6, Sec 3 - notes which categories are not required to use I-864, specifically referencing Diversity immigrants
2. 9FAM - 502.6-4.f(U)(6)(U) - notes I-864 is not a DV category to use this form and points to 9FAM 302.8
3. 9FAM - 302.8-2(B)(3)(U) - notes that, if needed, I-134 must be used by DV applicants since they are not authorized to use I-864
4. 9FAM - 601.14-3.b(3) - notes I-864 is not required for DV applicants
5. I-864 instructions - do not list DV applicants under "Who needs to submit I-864"
6. DV instructions on some U.S. embassy websites (e.g., Turkey) give guidance to use I-134, if needed
In short, 9FAM 302.8 gives the most clear instructions on using Form I-134 and not Form I-864, if needed in DV cases.
Sm1smom
Super Moderator
There’s no debate about this, at least not in this forum. Yes, one or two folks ask for clarification around this on a yearly basis. Anyways, it’s all covered in the AOS process spreadsheet.
The website for the U.S. embassy in Turkey provides instructions to DV winners that in addition to the I-134, "Sponsors may also elect to furnish a statement in the form of an affidavit sworn to before a notary public...setting forth his or her willingness and financial ability to contribute to the applicant’s support and reasons...". Then it goes on to list very detailed information on what to include in this affidavit. The U.S. embassy in Latvia also has the same info for the I-134.
1) For DV AOS cases, is it recommended to obtain an affidavit statement from the sponsor in addition to submitting the Form I-134 and supporting evidence?
2) What is the historical experience?
1) For DV AOS cases, is it recommended to obtain an affidavit statement from the sponsor in addition to submitting the Form I-134 and supporting evidence?
2) What is the historical experience?
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Sm1smom
Super Moderator
DHS and USCIS are different entities, they operate differently. So don’t expect the FOs to operate same way as the embassies. As a matter of fact, what is considered an acceptable practice in one embassy may not be acceptable in another. While some embassies require DV selectees to submit an I-134 to demonstrate they’re not likely to become a public charge, some are okay with using the host system (simply stating you have someone willing to host you without having to demonstrate their financial capability).
So for AOS, the recommended practice which is based on historical experience, is listed on the AOS spreadsheet.
I am only 17 years old. I know age itself is not a criteria but rather high school completion or work experience. I can prove the high school diploma part and I have a well-qualified sponsor for the I-134. As mentioned in other posts, I’m an F-1 student.
Although age is not a factor, I’m a bit concerned that it may play a role in the totality of my case in the real world. For example, the IO may drill down on my capacity to adjust to the U.S. by myself or look into the sponsor more closely. Any thoughts on this? Something extra I might consider other than what is already in AOS resource documents? Maybe a personal statement highlighting that I have been in the U.S. by myself, first as J1 and now as F1 — or it’s obvious and ‘less is more’?
Although age is not a factor, I’m a bit concerned that it may play a role in the totality of my case in the real world. For example, the IO may drill down on my capacity to adjust to the U.S. by myself or look into the sponsor more closely. Any thoughts on this? Something extra I might consider other than what is already in AOS resource documents? Maybe a personal statement highlighting that I have been in the U.S. by myself, first as J1 and now as F1 — or it’s obvious and ‘less is more’?
Hello @Sm1smom.
Would you kindly give your opinion on the following matter:
I'm going to file AOS for myself (the selectee) and my family. We came to the US at different times and have different statuses. My status has no issues, but I'm not quite sure about my wife&kids' status.
They entered the US as tourists with a B2 visa on March 10, 2022. The maximum term for a B2 visa is 6 months, which is September 10, 2022, in our case. On April 27, 2022, they submitted TPS applications, but it was only approved on September 21, 2022, resulting in a gap of 11 days between the B2 visa expiration and the TPS approval.
To the best of your knowledge, do you think this can be an issue from the perspective of maintaining permanent legal presence, or is there nothing to worry about because the applications were filed while they were in legal status?
Thank you!
Would you kindly give your opinion on the following matter:
I'm going to file AOS for myself (the selectee) and my family. We came to the US at different times and have different statuses. My status has no issues, but I'm not quite sure about my wife&kids' status.
They entered the US as tourists with a B2 visa on March 10, 2022. The maximum term for a B2 visa is 6 months, which is September 10, 2022, in our case. On April 27, 2022, they submitted TPS applications, but it was only approved on September 21, 2022, resulting in a gap of 11 days between the B2 visa expiration and the TPS approval.
To the best of your knowledge, do you think this can be an issue from the perspective of maintaining permanent legal presence, or is there nothing to worry about because the applications were filed while they were in legal status?
Thank you!
Sm1smom
Super Moderator
As long as the TPS approval does not indicate an effective date from after their B2 authorized stay expired, they should be okay.
p.s. while a B2 admission till could be up to 6 months, it is not always the case for everyone. So be sure to check their I94 to confirm the duration of their admitted status and not assume they were originally admitted for 6 months.
Sm1smom
Super Moderator
So here's the situation - since you're not currently in the US, I cannot discuss AOS related issues with you because entering the US with a NIV while harboring the intention of processing AOS (being it a secondary reason for seeking admission/re-admission into the country) is frowned upon. This could be considered a fraudulent attempt at obtaining an immigration benefit. You're welcome to return to this thread after you have been admitted back into the US with whatever AOS related questions you may have at that point.
Hi, Please help me clarify this matter.
I am currently a Phd student, who has 3 more years in the program. we receive a monthly stipend for our expenses, and that is enough for me to manage my living. The annual amount is around $20000, also my parents send me some amounts close to $300 - $500 monthly. Is this enough for me to file the AOS without a sponsor? Or should I find a sponsor for my case, to make it more strong?
Thank you.
I am currently a Phd student, who has 3 more years in the program. we receive a monthly stipend for our expenses, and that is enough for me to manage my living. The annual amount is around $20000, also my parents send me some amounts close to $300 - $500 monthly. Is this enough for me to file the AOS without a sponsor? Or should I find a sponsor for my case, to make it more strong?
Thank you.
having sponsor especially when you are on student visa is for me a must if you want things to be on the safe side . ask people around like your lectures unexpected people will help out
@Sm1smom Would like to know your answer too. Thank you