Sm1smom
Super Moderator
Yes, both.
DV 2025 AOS (Adjustment of Status) Process Only
- Thread starter Sm1smom
- Start date
Kyawminkhant13
New Member
Hello,
I am 2025 winner and Asia CN 67xx. I will do AOS. I have some confused questions. I already read some of them from this forums but I could not get my answers. My case is very complicated.
I came to the US on 2021 with F1 visa for community college and I am still maintaining my status. I applied the asylum on 2022 and it is still pending. During my cc, I applied Special Student Relief Program (SSR) under F1, and I worked with EAD that I got under SSR for about one year. After my EAD under SSR was expired, I applied the EAD under Asylum category and I worked like 4 months while still my F1 visa is still active. I know that is a kind of violation of F1. But I also heard that as long as I pay the international tuition fees and maintain full time student (12 units). my SEVIS and F1 status are still active.
My questions are
1. Would it be effected to my AOS? (for working under Asylum EAD)
2. Should I put my alien number(A number) on the application?
3. Does USCIS do all the background check and would they consider that as a violation for working (For asylum EAD) while F1 is still active?
4. What if they do, what should I do?
5. Should I write the explanation letter to USCIS with package about why I do needed to work?
Thank you
Have a good weekdays.
I am 2025 winner and Asia CN 67xx. I will do AOS. I have some confused questions. I already read some of them from this forums but I could not get my answers. My case is very complicated.
I came to the US on 2021 with F1 visa for community college and I am still maintaining my status. I applied the asylum on 2022 and it is still pending. During my cc, I applied Special Student Relief Program (SSR) under F1, and I worked with EAD that I got under SSR for about one year. After my EAD under SSR was expired, I applied the EAD under Asylum category and I worked like 4 months while still my F1 visa is still active. I know that is a kind of violation of F1. But I also heard that as long as I pay the international tuition fees and maintain full time student (12 units). my SEVIS and F1 status are still active.
My questions are
1. Would it be effected to my AOS? (for working under Asylum EAD)
2. Should I put my alien number(A number) on the application?
3. Does USCIS do all the background check and would they consider that as a violation for working (For asylum EAD) while F1 is still active?
4. What if they do, what should I do?
5. Should I write the explanation letter to USCIS with package about why I do needed to work?
Thank you
Have a good weekdays.
Sm1smom
Super Moderator
So here's what I understand about your situation. You effectively terminated your F1 status by using your asylum pending based EAD card to undertake authorized employment. With the use of the Asylum based EAD card, your status is now asylum pending and not F1, regardless of if you've been paying your full international fees and maintaining the required units. What you did is not "a kind of violation of F1" It is a violation of your F1 status, even if it was for one day. I'm guessing you did not inform your DSO that you used your Asylum based EAD to work, that is why your SEVIS is still active.
1. There is a section on the I-485 which asks if you've ever violated the terms or conditions of your nonimmigrant status. You are expected to answer YES to that question and provide an explanation as required, since you've undertaken employment with your Asylum card.
2. This is not a matter of if you should or should not. You have an A#, you're expected to disclose it on your AOS forms.
3. As already explained in my above intro and answer 1, you are expected/required to disclose the violation. It is not a matter of if
4. Talk to an experienced immigration about your situation prior to filing for AOS.
5. Talk to an experienced immigration about your situation prior to filing for AOS.
@Sm1smom please excuse me. I was not intending to go down that way. Could you help me understand a few things so I can use my best judgement on how to proceed:
1. sponsor has sufficient income to cover our situation. Can anything beyond the income be left out on both sides, as the requirement to sponsor is met?
2. does the field „specific contribution“ need to be selected or is it appropriate to go with „no specific contribution“?
3. is it a concern in any way if the relationship of the sponsor is the derivates coworker?
1. sponsor has sufficient income to cover our situation. Can anything beyond the income be left out on both sides, as the requirement to sponsor is met?
2. does the field „specific contribution“ need to be selected or is it appropriate to go with „no specific contribution“?
3. is it a concern in any way if the relationship of the sponsor is the derivates coworker?
Samapps
New Member
1. Is it necessary to prove the relationship with the sponsor, and how? or the form I-134 establishes this relationship. I need to know if the sponsor needs to attach a letter.
2. Is it okay to write on the back of the mailing package: "DV AOS Package - 2025AF0000XXXX" (XXX for security reasons while in transit)?
1. not necessary
2. not necessary
Sm1smom
Super Moderator
1. Yes sponsor can list annual income only without listing their assets if sponsorship requirements can be met with their annual income, and they do not plan on supporting the beneficiary with their assets.
2. Specific contributions indicates sponsor is limiting their sponsorship to the specific areas/items listed should the need to support the beneficiary occur. Non specific indicates sponsor is willing to provide whatever support may be required should the need to do so occur. There’s no right or wrong option here - it is about what the sponsor is comfortable doing.
3. Shouldn’t be a problem AFAIK as long as the sponsor is either a LPR or USC.
Kyawminkhant13
New Member
Thank you for your answers. How likely do I have a chance to get approved for AOS? DO you know any experience people who file for AOS with similar cases?
I talked to my DSO from my cc and I explained about my condition and why do i want to maintain F1 and work with EAD? She accepted my explanation and did not terminated my Sevis. She also said in case when I need to change my status in the future like rn, she said think about the reasonable answer to explain to USCIS.
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Sm1smom
Super Moderator
Your chance, like anyone applying for AOS is either case approval or case denial. I do not know of anyone who violated their non immigrant status who eventually got their AOS application approved without filing for a waiver.
I suppose your DSO could be excused for their limited knowledge of status violation and its subsequent impact, hence their telling you you could provide a ‘reasonable answer’ for status violation to USCIS.
Thank you!!
1. same applies for the beneficiaries? Is there an obligation to declare on our side?
Reason for my questions is I’d like to not include our checking accounts, as the value is subject to change and I do not want to make false representations, but it is obvious we have such accounts.
2. perfect! Thanks.
3. USC by naturalization.
SusieQQQ
Well-Known Member
I would bear in mind that (1) a school DSO is not necessarily expected to understand implications for people who want to adjust later and (2) I would assume that in the vast majority of cases where students do actually adjust later, it is marriage to a citizen where status violations are forgiven.
Sm1smom
Super Moderator
You do realize there’s an obligation to do so on your I-485 though as both income and value of assets,+ household liabilities must be declared on that firm, it is not optional. And if you’re already declaring your assets on the I-485, I don’t see what the issue is with the I-134.
Anyway, you can declare whatever you wish to declare, or simply stop over analyzing and provide the response to the questions being asked. Your case, your call.
Today my husband received email from KCC:
In attached file they thankful him for plan to apply for adjustment of status. But we didn’t notice them. We didn’t file out 260. How can this be? Or is it means they received our payments for DV? We sent them 09/21.
Should we send response for this email?
As per prior 2024 post, 2NL may be trigger due to your DV fee payment.
You do not need to response and you can put that acknowledge letter in your AOS package as 2NL.
That’s what I do too.
Sm1smom
Super Moderator
I recommend you carefully go through the FAQ section of the AOS Process Spreadsheet - doing so will help you a great deal.
I’m waiting receipt about 330$ payment.
Question was Should we send response for this email.
Sm1smom
Super Moderator
And my answer was/is:
R.E.A.D THE SPREADSHEET as recommended in my above quoted post!
Kyawminkhant13
New Member
What is like the worst scenarios of the violation of F1 like my case?
working on EAD based on TPS is also the same violation of F1 like asylum while active the F1 visa?
SusieQQQ
Well-Known Member
If you use something associated with one status or application for status like an EAD that is not consistent with the prior status, you have invalidated the prior status and are now on the new one (or pending the new one, as in your case with asylum). You don’t magically go back to the old one like F1 when you stop using the EAD, etc - once it’s gone, it’s gone (unless you apply for and receive it again).
Worst scenario of being out of status in the context of DV is that they find you ineligible to adjust status, but in your case you would just go back to asylum pending (unlike someone who might not have another status to fall back on, and their worst case is that they have to leave the US). Have a look at mom’s special situations spreadsheet linked in her sig. There are some cases of people denied while asylum pending and others have been granted, so as far as I can see it’s not a slam dunk that you’d be refused adjustment for DV, but you might be. Anyway as mom already advised you - given the complexity of your case, it’s advisable to speak to a competent immigration attorney.