DV 2025 AOS (Adjustment of Status) Process Only

[MaryJks]

Because that is the official requirement. . Of course feel free to ignore what I wrote and submit your document as is.

Thank you!

Does that mean that our international passports which are mostly in English but have Ukrainian text on it also need to be accompanied by certified translation? And the main issue with her HS diploma is that we don't really have original nor a copy. But the school that issued it is destroyed and the city is under occupation. I assumed that bachelors can serve as an alternative.

 

[Samapps]

This enables you to avoid any form of ambiguity regarding the validity of your status in the future, if for some reason your AOS application is not approved before the end of the FY.

Typically when an applicant’s current status expires while their AOS application is pending, they roll into what is known as adjustment pending, which is not an issue for as long as the AOS application eventually gets approved. However, if they already had a COS application in the system prior to sending in their AOS application, that pending COS becomes their new status while the AOS application is pending, and if the AOS application gets denied for some reason, they will still have a fall back status in that case.

I successfully obtained a new OPT I-20 from my school, signed it, and included it in my AOS package, which is expected to arrive by Thursday or Friday. I also managed to submit my online OPT application today, ensuring it was filed before the AOS package is received. Thank you!

 

[Sm1smom]

Thank you!

Does that mean that our international passports which are mostly in English but have Ukrainian text on it also need to be accompanied by certified translation? And the main issue with her HS diploma is that we don't really have original nor a copy. But the school that issued it is destroyed and the city is under occupation. I assumed that bachelors can serve as an alternative.

The passport is an exception I believe.

 

[Maximo Aurelio]

To add to what mom said:
1. This partly depends on your embassy and your field office. Britsimon may have more info, but I’m not aware of any delays at Madrid in scheduling interviews. The FO, you can get an idea from the timeline spreadsheets.
4. You will need to have your medical exam done in Spain if you interview there, this is country dependent (you can check with the panel doctor there) but usually you will need to be there approximately 1 week before the interview for the medical (note you will need your interview letter to schedule the medical) and then maybe up to a week or so after the interview to get your passport and visa back, assuming there are no complications (i.e. no need for AP). So a month would normally be more than adequate. I would not leave for Spain until you have an interview date.
5. Is there anything you have done that would lead to AP? Criminal record, travel to countries hostile to the US, etc? The vast majority of Western European applicants do not have to worry about AP.

as an aside, there are some other factors to think about. if you have ever been out of status (even for a day) you are ineligible to adjust status, but it will not be a problem for CP (as long as you don’t have a ban for overstay)., or any other factors you know about that may be a problem such as criminal record. The usual principle reason for doing aos is not disruption of work etc in the US,that doesn’t seem to be a problem for you. The usual rationale for choosing CP if you have the option is more certainty about interview timing and approval (since Covid obviously this doesn’t work for all embassies anymore so you should try find out if Madrid is running normally). Whereas aos sometimes people wait for many months after submission for interview, or weeks or months after that for card approval . The document requirements are a little different for each so also look at that (CP you need a police record, aos you need proof of maintaining status, income in the US etc).
I can’t really see a compelling reason personally one way or the other for you to choose, if it was me and the embassy was running normally I’d probably take the holiday at home + certainty of interview date route, others might prefer less disruption and stay in the US.

Thank you very much for your response (and also to Mom and Admir12, of course); this clarifies most of my questions/concerns regarding which path to take. I was feeling a little cautious to take the CP path because everyone seems to do the AOS but I see now that CP can be a good option too and can be faster than AOS if the Embassy performs as expected. I have some questions in case that you can help me clarify these:

1- If I travel back to Spain but I'm never scheduled an appointment before the end of the FY; is there a realistic risk that I wont be allowed back into the US? (I hold a dual-intent visa)
2- Can I travel out of the country for a few weeks (for vacation) after submitting DS-260 or is it likely that I will have problems at the border?
3- Looking at the performance of the Embassy in Madrid I see that some CNs that became current on September have been issued a GC while some CNs that became current long time ago have stayed as "ready". This is something I don't comprehend, is that because they forget they have a backlog of cases that they have never completed? How should I interpret this information? Any thoughts regarding overall performance of this Embassy? (I'm attaching screenshot for your reference).

Thank you very much in advance for your help. Really appreciate it!

 

[Lifetraveler]

Thank you all for organizing this and investing so much time and effort into the spreadsheet as well as answering all the questions!


In 2016 I entered the US on B1 visa, was allowed 6 months Duration of stay at port of entry. before the end of the 6 months I applied for change of status to F1, case was pending for 4 months beyond my B1 status, eventually the case got denied due to the course starting date being pushed back beyond the 30 days window! I left the US immediately once I got the denial notice ( within 36hrs)

I was able to obtain B1/B2 in 2019 and currently am on J1

My question: regardless of J1 home residency rule and up to your understanding for the above stated info, would I be eligible for AOS or would the previous history be considered that I have overstayed my visa?


Thank you!

 

[SusieQQQ]

Thank you very much for your response (and also to Mom and Admir12, of course); this clarifies most of my questions/concerns regarding which path to take. I was feeling a little cautious to take the CP path because everyone seems to do the AOS but I see now that CP can be a good option too and can be faster than AOS if the Embassy performs as expected. I have some questions in case that you can help me clarify these:

1- If I travel back to Spain but I'm never scheduled an appointment before the end of the FY; is there a realistic risk that I wont be allowed back into the US? (I hold a dual-intent visa)
2- Can I travel out of the country for a few weeks (for vacation) after submitting DS-260 or is it likely that I will have problems at the border?
3- Looking at the performance of the Embassy in Madrid I see that some CNs that became current on September have been issued a GC while some CNs that became current long time ago have stayed as "ready". This is something I don't comprehend, is that because they forget they have a backlog of cases that they have never completed? How should I interpret this information? Any thoughts regarding overall performance of this Embassy? (I'm attaching screenshot for your reference).

Thank you very much in advance for your help. Really appreciate it!

View attachment 5262

1. & 2. Entry is never guaranteed for a non citizen , however especiallh if you hold a dual intent visa there is little reason to expect any problems
3. Paging @Xarthisius to help with this - I don’t follow these closely any more. (In the old days that would mostly be people who didn’t bother showing up for their interviews but not sure current interpretation.)

 

[Xarthisius]

3- Looking at the performance of the Embassy in Madrid I see that some CNs that became current on September have been issued a GC while some CNs that became current long time ago have stayed as "ready". This is something I don't comprehend, is that because they forget they have a backlog of cases that they have never completed? How should I interpret this information? Any thoughts regarding overall performance of this Embassy?

When cases stay ready indefinitely that means one of two things: people didn't show up to their interview, or CO messed up the update on CEAC (specifically for refusal). Most of the times it's the former. Ready cases are not the indicator of a backlog. Quite the opposite.

 

[SusieQQQ]

When cases stay ready indefinitely that means one of two things: people didn't show up to their interview, or CO messed up the update on CEAC (specifically for refusal). Most of the times it's the former. Ready cases are not the indicator of a backlog. Quite the opposite.

Thanks for confirming that that’s still the case!

 

[SusieQQQ]

Thank you all for organizing this and investing so much time and effort into the spreadsheet as well as answering all the questions!


In 2016 I entered the US on B1 visa, was allowed 6 months Duration of stay at port of entry. before the end of the 6 months I applied for change of status to F1, case was pending for 4 months beyond my B1 status, eventually the case got denied due to the course starting date being pushed back beyond the 30 days window! I left the US immediately once I got the denial notice ( within 36hrs)

I was able to obtain B1/B2 in 2019 and currently am on J1

My question: regardless of J1 home residency rule and up to your understanding for the above stated info, would I be eligible for AOS or would the previous history be considered that I have overstayed my visa?


Thank you!

If you have ever been out of status, you are ineligible to adjust status. During the pending time for change of status after the B visa authorized stay ended, you would not have been accruing unlawful presence but you were not in status. therefore, you are ineligible to adjust. However, this will not be a problem for CP.

 

[Sm1smom]

Thank you all for organizing this and investing so much time and effort into the spreadsheet as well as answering all the questions!


In 2016 I entered the US on B1 visa, was allowed 6 months Duration of stay at port of entry. before the end of the 6 months I applied for change of status to F1, case was pending for 4 months beyond my B1 status, eventually the case got denied due to the course starting date being pushed back beyond the 30 days window! I left the US immediately once I got the denial notice ( within 36hrs)

I was able to obtain B1/B2 in 2019 and currently am on J1

My question: regardless of J1 home residency rule and up to your understanding for the above stated info, would I be eligible for AOS or would the previous history be considered that I have overstayed my visa?


Thank you!

The 4 months overstay makes you ineligible to file for AOS. Per USCIS Manual, (note beneath the shown example):

Example: Effect of Timely Filed Extension of Stay Application

Date	Event
January 1, 2009	A noncitizen is admitted to the United States as a B-2 nonimmigrant visitor.
June 30, 2009	The B-2 nonimmigrant’s authorized stay expires, as indicated on the Arrival/Departure Record (Form I-94).
June 1, 2009	The B-2 nonimmigrant timely files an application to extend visitor status.
August 1, 2009	The B-2 nonimmigrant files an adjustment application.
September 1, 2009	USCIS extends the B-2 nonimmigrant’s visitor status valid from June 30, 2009 to December 31, 2009.

In this scenario, USCIS considers the applicant to have continuously maintained lawful status for purposes of adjusting status. In contrast, if USCIS denied the extension application, the applicant would have fallen out of status as of June 30 and would be barred from adjusting status, unless an exemption applies.

An exemption to this bar would be if you can demonstrate the overstay was due to Technical Violation Resulting from Inaction of USCIS since you filed your COS in a timely manner. So you may need to talk to an experienced immigration lawyer if you wish to proceed with processing AOS, or simply proceed with CP - the overstay will not be an issue with CP.

Chapter 4 - Status and Nonimmigrant Visa Violations (INA 245(c)(2) and INA 245(c)(8))

Any adjustment applicant is ineligible to adjust status under INA 245(a)

www.uscis.gov

 

[SusieQQQ]

An exception to this bar would be if you can demonstrate the overstay was due to Technical Violation Resulting from Inaction of USCIS since you filed your EOS in a timely manner. So you may need to talk to an experienced immigration lawyer if you wish to proceed with processing AOS, or simply proceed with CP - the overstay will not be an issue with CP.

I would note though that USCIS (don’t know the situation back then of course) generally advises people to file COS or EOS at least 45 days before their authorized stay expires. It’s not clear whether OP filed inside this timeframe but if not it would be very difficult to argue it was because of “inaction” on the part of USCIS, because even one day overstay is an ineligibility.

 

[-thady]

Hello, Good morning. I came to the US with visit visa last year December and I applied the asylum due to my country situation. My visa was expired on May and I got the EAD on July. I won the DV and My CN is AS3400. Most of my friends recommend me to do AOS in here instead of going back to. my country to do CP. I know that I am currently out of status after reading these forums in here. According to my CN, it is likely to be on December Visa bulletin. What if I apply the TPS rn and get approved before I file AOS, would USCIS be considered my case as a status or they will deniel my case because of 5 months OOS? Can I explain to them during the interview? It was because of lack of knowledge. I did not search in english. I was just searching and ask in my native language. They told me that asylum pending is also a status but they did not mention it cannot do AOS. I was stupid and trust them easily.

 

[Lifetraveler]

Susie and Mom, Thank you for the detailed reply…is this something that any immigration attorney ( am hiring one for J1 waiver and EB2) can deal with or is it something that is more specific to DV AOS attorneys?

I could tell from you previous replies that you are cautious when it comes to recommending names and firms on the form… any guidance would be really appreciated!

 

[SusieQQQ]

Susie and Mom, Thank you for the detailed reply…is this something that any immigration attorney ( am hiring one for J1 waiver and EB2) can deal with or is it something that is more specific to DV AOS attorneys?

I could tell from you previous replies that you are cautious when it comes to recommending names and firms on the form… any guidance would be really appreciated!

The out of status issue applies to any adjustment of status (other than via the immediate relative category) so your general immigration attorney should be ok for advising on that.

 

[Lifetraveler]

I would note though that USCIS (don’t know the situation back then of course) generally advises people to file COS or EOS at least 45 days before their authorized stay expires. It’s not clear whether OP filed inside this timeframe but if not it would be very difficult to argue it was because of “inaction” on the part of USCIS, because even one day overstay is an ineligibility.

I did file inside the timeframe, my package was delivered to USCIS 2 days prior to the expiration of my authorized stay…the USCIS denial letter stated that while I did apply on time, the fact that the I20 school changed the course date to start more than 30 days past my authorized stay, they had to deny my application!

 

[SusieQQQ]

I did file inside the timeframe, my package was delivered to USCIS 2 days prior to the expiration of my authorized stay…the USCIS denial letter stated that while I did apply on time, the fact that the I20 school changed the course date to start more than 30 days past my authorized stay, they had to deny my application!

by inside the timeframe, are you talking about before your stay expired, or within the recommendation of 45 days before your stay expires? That was my reference but it appears you just mean before your stay expires. it’s never going to be realistic to expect to be adjudicated within 2 days. This is explicitly in reference to trying to use the defense of USCIS “inaction” - which is not the same idea as just filing before your stay expires. Personally I think this defense idea is a non starter and you should bank on doing CP, but your attorney may have other ideas.


and yes, the kind of issue you faced is why it is generally not recommended to try to change status to F1, because the uncertainty of how long uscis will take to adjudicate vs the 30-day requirement within which F1 has to be valid does not often align.

 

[Lifetraveler]

by inside the timeframe, are you talking about before your stay expired, or within the recommendation of 45 days before your stay expires? That was my reference but it appears you just mean before your stay expires. it’s never going to be realistic to expect to be adjudicated within 2 days. This is explicitly in reference to trying to use the defense of USCIS “inaction” - which is not the same idea as just filing before your stay expires. Personally I think this defense idea is a non starter and you should bank on doing CP, but your attorney may have other ideas.


and yes, the kind of issue you faced is why it is generally not recommended to try to change status to F1, because the uncertainty of how long uscis will take to adjudicate vs the 30-day requirement within which F1 has to be valid does not often align.

You got it right..it was 2 days before the stay expiration…I guess that the only thing we can do about the past is to learn from it!

at this time CP isnt an option for me since there is not US embassy in my home country, the travel costs + the high CN EU28XXX + my work commitments

On the otherside looks like I will have to go through CP even if I will be taking NIW which is more likely to take longer than a DV case!

This has been very helpful discussion! Thank you all very much!

 

[SusieQQQ]

at this time CP isnt an option for me since there is not US embassy in my home country, the travel costs + the high CN EU28XXX + my work commitments

There might not be an embassy in your home country, but there is a consulate assigned to each country for immigrant visas. CN is the same regardless which route you go, I don’t see the relevance of that. The travel costs and work commitments obviously are factors whose importance you have to subjectively decide on vs the opportunity for permanent residence.

 

[Sm1smom]

Hello, Good morning. I came to the US with visit visa last year December and I applied the asylum due to my country situation. My visa was expired on May and I got the EAD on July. I won the DV and My CN is AS3400. Most of my friends recommend me to do AOS in here instead of going back to. my country to do CP. I know that I am currently out of status after reading these forums in here. According to my CN, it is likely to be on December Visa bulletin. What if I apply the TPS rn and get approved before I file AOS, would USCIS be considered my case as a status or they will deniel my case because of 5 months OOS? Can I explain to them during the interview? It was because of lack of knowledge. I did not search in english. I was just searching and ask in my native language. They told me that asylum pending is also a status but they did not mention it cannot do AOS. I was stupid and trust them easily.

If you apply for TPS and it gets approved retroactively to when your initial authorized stay expired, you will be okay for AOS filing - there will be no OOO to contend with in that case. Unfortunately no explanation or excuse will override the OOO issue. There's a Latin saying in law which goes "ignorantia juris non excusat", meaning ignorance of the law is not an excuse.

 

[Xmb]

Hello, did the following situation cause at any point a status violation / being out of status?

- Individual finishes studies and applies for OPT EAD through I-765 within the allowed timeframe, 90 days before or 60 days after program end date.

- I-765 is pending and eventually approved more than 60 days after program end.