Samapps
New Member
Thank you. Works
DV 2025 AOS (Adjustment of Status) Process Only
- Thread starter Sm1smom
- Start date
Sm1smom
Super Moderator
The correct answer is YES regardless of if you’re working or not. All DV based AOSers are subject to INA212(a)(4).
p.s. be sure to go through the AOS Process spreadsheet, especially the FAQ section.
Hi, I am an international student on F1 visa who currently won the dv lottery for 2025 with case no 2025AS7***. I haven't started anything on my side yet. Let me explain a bit about my situation. I was already in the US in March 2024 with F1 visa but I couldn't make it to the college due to some health and personal situations. After recovering from all the problems, I decided to go the college but the DSO told me that my status has been terminated because it's already about 3 weeks after the class start date. Therefore, I discussed with the DSO about how I can still study as an international student at that moment and she told me that there is no way that she can help since my F1 status has been terminated which was reported to USCIS already. Then she told me that I need to get out of the US ASAP and I can come back to the US as a valid international student with the current F1 visa, new I20, new SEVIS fee payment and payment to school (to be safe). So, I checked with the CBP with phone call and I followed that procedure, got out of the country, etc. For some reasons, I did not go back to my home country and was in the 3rd country. During that time, I realised that I won the dv 2025 lottery (it's such a luck for me which I've never expected). Now, I am back in the US with an international student (F1 with new i20). So my concern is
1. Am I eligible to apply for AOS?
2. If yes, do I need to submit the DS260 form now or do I need to wait for some time?
3. What steps I need to take for the moment?
4. At the Port of entry, I didn't mention about the DV lottery thing to the Immigration officer. They took me to the room where there are some other people also. But there wasn't any problem since they ask which school I am going, where it is and that's it. I explained a bit about why I got out of the country and come back because I could not make it to the school 1st time and my status has been terminated. That's it.
Thank you very much for your information and response in advance.
1. Am I eligible to apply for AOS?
2. If yes, do I need to submit the DS260 form now or do I need to wait for some time?
3. What steps I need to take for the moment?
4. At the Port of entry, I didn't mention about the DV lottery thing to the Immigration officer. They took me to the room where there are some other people also. But there wasn't any problem since they ask which school I am going, where it is and that's it. I explained a bit about why I got out of the country and come back because I could not make it to the school 1st time and my status has been terminated. That's it.
Thank you very much for your information and response in advance.
SusieQQQ
Well-Known Member
Mom may correct me but my understanding is that you are barred from adjustment because you have been out of status in the past. See section F, bars to adjustment of status here, relevant section pasted below : https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2
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| In Unlawful Immigration Status on the Date the Adjustment Application is Filed OR Who Failed to Continuously Maintain Lawful Status Since Entry into United States[103] OR Who Continues in, or Accepts, Unauthorized Employment Prior to Filing for Adjustment | 245(c)(2)[104] | All entries and time periods spent in the United States (departure and return does not remove the ineligibility)[105] |
Sm1smom
Super Moderator
Sorry you're not eligible to process your DV selection via AOS due to failure to continuously maintain your previous status. Susie's above explanation is spot on. Departure and re-entry does not erase the previously incurred bar from processing AOS. You will need to process CP if you wish to continue with your DV selection.
Dear all how you been lately ?
I have been lurking around the forum to find answer to the below quesion in 2021 I found out that @Sm1smom said the answer should be No .
can you please enlighten my ignorance because for me since the name of form I-589 itself is Application for Asylum and for Withholding of Removal so I was convinced that the answer should be yes . please help me reason out @Sm1smom answer below ...thanks
I have been lurking around the forum to find answer to the below quesion in 2021 I found out that @Sm1smom said the answer should be No .
can you please enlighten my ignorance because for me since the name of form I-589 itself is Application for Asylum and for Withholding of Removal so I was convinced that the answer should be yes . please help me reason out @Sm1smom answer below ...thanks
Sm1smom
Super Moderator
Filing for asylum does not automatically equate to seeking for protection from removal, exclusion, or deportation. OP, per their question talked about filing for asylum, they did not file for protection against removal, etc. If you take a look at the form itself, you’ll see where it distinguishes between just filing for asylum, or filing for asylum and seeking protection from removal in addition. This is right at the top of the form, it very first box at the top of page 1.
You see how clever you are? Now I understand. Protection against removal, etc., comes into play when ICE or any government body accuses you in court, and you apply for protection against it. However, when applying for asylum, especially affirmative asylum, there is no U.S. government body accusing you. Instead, you are seeking protection from persecution in your home country.
thank you
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hello everyone ...today you are not sleeping... I have another question ....once I heard @Britsimon and another time
@Sm1smom saying you only need one Form I-134 sponsor for the entire DV family.
1, Does this mean I can send a filled and signed Form I-134 for my AOS application in October 2024 (filled as me as beneficiary, and my wife and daughter are my dependents) to My family, who will be doing fingers crossed FTJ the latest by September 2025.
2, the form I-134 guide circled below says ''If you are agreeing to financially support more than one beneficiary, you must submit a separate Form I-134 for each beneficiary. You, as the individual agreeing to financially support the beneficiary, must sign your full name on the form. doesn't this mean each need one form?
2.1 will the embassy at my home country will accept my family I-134 as they being dependents not mail beneficiary of form I-134?
thank you
@Sm1smom saying you only need one Form I-134 sponsor for the entire DV family.
1, Does this mean I can send a filled and signed Form I-134 for my AOS application in October 2024 (filled as me as beneficiary, and my wife and daughter are my dependents) to My family, who will be doing fingers crossed FTJ the latest by September 2025.
2, the form I-134 guide circled below says ''If you are agreeing to financially support more than one beneficiary, you must submit a separate Form I-134 for each beneficiary. You, as the individual agreeing to financially support the beneficiary, must sign your full name on the form. doesn't this mean each need one form?
2.1 will the embassy at my home country will accept my family I-134 as they being dependents not mail beneficiary of form I-134?
thank you
SusieQQQ
Well-Known Member
It’s not relevant at that point as I understand it. It’s relevant when the principal gets approved. They are just derivatives on an approved case.
Greetings to all.
Can you please tell me to which address to send a check for $330? FedEx and UPS say they cannot ship to P.O. Box with tracking capabilities. They offer to send via United States Postal Service. Or they simply sent it to P.O. Box 979079 St. Louis, Missouri 63197-9000 FedEx or UPS without tracking?
Can you please tell me to which address to send a check for $330? FedEx and UPS say they cannot ship to P.O. Box with tracking capabilities. They offer to send via United States Postal Service. Or they simply sent it to P.O. Box 979079 St. Louis, Missouri 63197-9000 FedEx or UPS without tracking?
Sm1smom
Super Moderator
You already have the address. The only address for the DV administrative fee payment is P.O. Box 979079, St. Louis, Missouri 63197-9000.
Singding23
New Member
Hello all,
CN (2025OC2***)
I am currently in the US on F-1 OPT which expires January 2025. I am eligible for stem OPT extension, and plan on applying for that as soon as I can. However, I am concerned it will get denied as I hesitantly submitted my DS-260 in June of this year, before I found this amazing forum. I have also received my 2nd NL. How should i proceed with applying for my stem OPT extension?
CN (2025OC2***)
I am currently in the US on F-1 OPT which expires January 2025. I am eligible for stem OPT extension, and plan on applying for that as soon as I can. However, I am concerned it will get denied as I hesitantly submitted my DS-260 in June of this year, before I found this amazing forum. I have also received my 2nd NL. How should i proceed with applying for my stem OPT extension?
Sm1smom
Super Moderator
The submitted DS260 will not impact your STEM OPT extension.
I’m a F-1 student who’s engaged to an American citizen. My fiancé and I were planning to get married this September.
I won the 2025 diversity lottery and my visa will likely be available in April. I’m considering applying for AoS through DV because it requires fewer documents and I can get a 10-year GC instead of 2 year one.
Are there potential risks given the fact that I’m going to be married to a US citizen? Is it better to apply for AoS through marriage?
Also, did someone experience AoS with a different last name? As far as I know, you can indicate that you've changed a last name on your i-485 but what to do with DV processing fee, for example? What last name should I use, the new one or the one that I had when I entered the diversity lottery?
I won the 2025 diversity lottery and my visa will likely be available in April. I’m considering applying for AoS through DV because it requires fewer documents and I can get a 10-year GC instead of 2 year one.
Are there potential risks given the fact that I’m going to be married to a US citizen? Is it better to apply for AoS through marriage?
Also, did someone experience AoS with a different last name? As far as I know, you can indicate that you've changed a last name on your i-485 but what to do with DV processing fee, for example? What last name should I use, the new one or the one that I had when I entered the diversity lottery?
Sm1smom
Super Moderator
1. You're better off going with a DV based AOS application - just make sure you continue to maintain your current status, as falling out of status before filing for a DV based AOS application will not be forgiven (falling out of status will be forgiven a for a marriage based AOS application).
2. If you're planning on adopting your spouse's last name, you might as well use it on the DV payment receipt. You can also just list your current last name on the receipt if you feel better with that option, it shouldn't matter.
SusieQQQ
Well-Known Member
Agree with mom (and subject to her caveats), DV is easier, faster, cheaper, less onerous and you get an unconditional green card vs the time, cost, paperwork, proof of relationship and then having to go through the whole process of removal of conditions in 2 years (more time, paperwork, cost) you’d get with a marriage based card. Note that even if you get your green card with DV, you can still use 3 years of marriage to a USC spouse to apply for citizenship in 3 years rather than 5, if that is something you are considering.
if you are dv2025, you presumably will already have changed your name in marriage by the time you submit your dvfee payment? If I were you I would use new name for everything going forward from when you can, but you can maybe indicate both names on the DV fee payment if you’re worried about that (though the case number should be ample to match it). It’s the i485 that is the key form to have the names you want on your green card.