DV 2025 AOS (Adjustment of Status) Process Only

[Sm1smom]

That makes sense, I am going thru your ds 260 and AOS spreadsheet, I have a question on regards , of unauthorized stay in form ds260, should I put yes and explain or no because I was authorized to stay due to my pending asylum, thanks again

Your authorized stay ended upon the expiration of your I-94, so you did not have an authorized stay after that. But because you had a pending asylum case, you were not accruing an illegal presence even though your period of authorized stay had expired. So yes, you need to declare the unauthorized stay.

 

[MaryPyl]

Yes, more or less, plus the possibility of an immigrant intent impact on a future NIV application.

When “migrant intent” officially begins since paying DV fee or applying for AOS?

 

[Sm1smom]

When “migrant intent” officially begins since paying DV fee or applying for AOS?

Making the DV payment, completing the medical exam are all in support of submitting an immigrant application, so they do constitute harboring an immigrant intent.

 

[MaryPyl]

Making the DV payment, completing the medical exam are all in support of submitting an immigrant application, so they do constitute harboring an immigrant intent.

Thank you so much for your answer.
In case of all selectees are current, like in July 2022, does it matter a CN and region? For example, I have EU35xxx, someone AF74xxx or AS10xxxx, which AOS will be considered first?

 

[nickoinca]

Welp I really wish I had found this resource a few days ago. I have a case number of OC21XX and have already filed the DS-260's for myself and dependents. It seems my number is very much marginal. I'm currently here on an E2 that doesn't expire until mid 2026. Prior to the DV selection I had spoken to an immigration attorney about doing a change of status from E2 to EB1C (which I should be eligible for). I decided to wait until the DV results came out and then seemingly jumped the gun not knowing how the rankings etc work.

My question is: Can and should I continue to go down the track of AOS to EB1C so as to avoid potential issues from filing the DS-260 in the event I don't succeed with the DV? Now that I filed the DS-260 is it even possible to file for an AOS to EB1C? HELP! ARGH!

 

[Sm1smom]

Thank you so much for your answer.
In case of all selectees are current, like in July 2022, does it matter a CN and region? For example, I have EU35xxx, someone AF74xxx or AS10xxxx, which AOS will be considered first?

CN range and/or region have no bearing on case adjudication process in such situations.

 

[Sm1smom]

Welp I really wish I had found this resource a few days ago. I have a case number of OC21XX and have already filed the DS-260's for myself and dependents. It seems my number is very much marginal. I'm currently here on an E2 that doesn't expire until mid 2026. Prior to the DV selection I had spoken to an immigration attorney about doing a change of status from E2 to EB1C (which I should be eligible for). I decided to wait until the DV results came out and then seemingly jumped the gun not knowing how the rankings etc work.

My question is: Can and should I continue to go down the track of AOS to EB1C so as to avoid potential issues from filing the DS-260 in the event I don't succeed with the DV? Now that I filed the DS-260 is it even possible to file for an AOS to EB1C? HELP! ARGH!

There’s no such thing as AOS to EB1C. AOS is adjustment of status from a non immigrant status to that of becoming a LPR.

 

[nickoinca]

There’s no such thing as AOS to EB1C. AOS is adjustment of status from a non immigrant status to that of becoming a LPR.

Ok that’s not my understanding based on my conversations with my attorney. I have previously adjusted status between different types of non immigrant visas. I tried to paste in a link with reference to E2 to EB1C adjustment of status but it was labeled as spam.

I guess my questions is whether or not filing the DS-260 now means I can’t simultaneously pick up with this EB1C process.

 

[Sm1smom]

Ok that’s not my understanding based on my conversations with my attorney. I have previously adjusted status between different types of non immigrant visas. I tried to paste in a link with reference to E2 to EB1C adjustment of status but it was labeled as spam.

I guess my questions is whether or not filing the DS-260 now means I can’t simultaneously pick up with this EB1C process.

You did not previously adjust your status. You did a change of status (COS), which is different from adjustment of status (AOS) which I already explained above.

DS260 submission will most likely not impact the COS.

 

[Xarthisius]

I guess my questions is whether or not filing the DS-260 now means I can’t simultaneously pick up with this EB1C process.

Filing DS-260 doesn't affect any other current or future immigration petition. You can also have multiple immigration petitions pending with USCIS. You can proceed with concurrent filing of I-140/I-485 regardless of what happens with your DV process.

 

[nickoinca]

You did not previously adjust your status. You did a change of status (COS), which is different from adjustment of status (AOS) which I already explained above.

DS260 submission will most likely not impact the COS.

Sorry I didn’t realize the difference in terminology between Adjustment of Status and change of status. Appreciate your insights.

 

[Mike19]

Hello everyone!
I have a question: I'm going to get a j1 research visa (in June) for a year, and my wife won DV2025.
Can we do an AOS, when our CN become current?
Or should we have entered the USA before we found out about the winnings?
Will this be considered cheating?
Thank you!

 

[MaryPyl]

CN range and/or region have no bearing on case adjudication process in such situations.

Is it possible expedited request for AOS?

 

[Sm1smom]

Is it possible expedited request for AOS?

All DV based AOS cases go through an expedited process.

 

[Sm1smom]

Hello everyone!
I have a question: I'm going to get a j1 research visa (in June) for a year, and my wife won DV2025.
Can we do an AOS, when our CN become current?
Or should we have entered the USA before we found out about the winnings?
Will this be considered cheating?
Thank you!

Will the J1 be subject to a 2YHRR or not? That is the first thing you want to make sure you know before deciding to proceed with coming in on that J visa.

I cannot at this point discuss processing AOS with you because you’re not currently residing in the US. As a matter of fact, if the CBP determines you’re harboring an AOS intent at the POE, you most likely will not be admitted into the US on your J1. If you wish to know more about the possibility of processing AOS after you’ve been successfully admitted into the US, I’ll be happy to answer your questions at that point.

 

[omarsn93]

Hi

Thanks for all the effor.

Just a simple question.. I want to pay the DV fee from now to get the receipt as early as possible and save it until my CN is current. I'm doing AOS for me and my wife. So I went to USPS and bought two money orders, each one is $330. I came to know that the better option is to send one money order with the total amount. Will I face any troubles? Do USPS return unused money orders? I got the receipt still and all.

Also, I'm on F1 and applied for a TPS as well a few days ago. I know DS260 is optional but I have a gut feeling that I should do it :/ Problem is it's gonna be financially challenging to handle all these costs and I still have to do the medical exam which cost around $300-$400/person and the AOS fee for 2 persons.. that's alot to handle for a student that can not work yet :/

 

[Mike19]

Will the J1 be subject to a 2YHRR or not? That is the first thing you want to make sure you know before deciding to proceed with coming in on that J visa.

I cannot at this point discuss processing AOS with you because you’re not currently residing in the US. As a matter of fact, if the CBP determines you’re harboring an AOS intent at the POE, you most likely will not be admitted into the US on your J1. If you wish to know more about the possibility of processing AOS after you’ve been successfully admitted into the US, I’ll be happy to answer your questions at that point.

No, this visa is not subject to the two-year rule.

That is, if we are approved for a J1 visa and we can enter (before submitting the DS-260, of course), are there ways to do an AOS?
As a last resort, can we go the CP route (for example, transfer the DV interview to Mexico)?

 

[Sm1smom]

Hi

Thanks for all the effor.

Just a simple question.. I want to pay the DV fee from now to get the receipt as early as possible and save it until my CN is current. I'm doing AOS for me and my wife. So I went to USPS and bought two money orders, each one is $330. I came to know that the better option is to send one money order with the total amount. Will I face any troubles? Do USPS return unused money orders? I got the receipt still and all.

Also, I'm on F1 and applied for a TPS as well a few days ago. I know DS260 is optional but I have a gut feeling that I should do it :/ Problem is it's gonna be financially challenging to handle all these costs and I still have to do the medical exam which cost around $300-$400/person and the AOS fee for 2 persons.. that's alot to handle for a student that can not work yet :/

The two money orders should be fine.

 

[Sm1smom]

No, this visa is not subject to the two-year rule.

That is, if we are approved for a J1 visa and we can enter (before submitting the DS-260, of course), are there ways to do an AOS?
As a last resort, can we go the CP route (for example, transfer the DV interview to Mexico)?

Good to know the J1 is not subject to the 2YHRR.

Again I cannot discuss anything AOS related with you at this point.
Yes, you can always go the CP route. However you cannot process CP from Mexico as you’re not based in Mexico. CP interview can only happen at the embassy/consulate with jurisdiction over your country of residence or your chargeability country.

 

[HasiM]

Hi,
I am a winner this time and my CN is AS1XXX. Thank you for all the resources!! I have a few questions.
1. Shall I fill the DS260 now? Or should I wait closer to October?
2. If we fill the DS260, how would the KCC know that we are on AOS tract, not the CP ?
3. My parents won the lottery last year from Asia region, and their CN is 17xxx, and still waiting for an interview. I want to know whether either of our processes may get impacted by the others. Is there any chance of such?

Please help me understand.