DV 2025 AOS (Adjustment of Status) Process Only
- Thread starter Sm1smom
- Start date
Greetings. I won the DV2025 lottery with number EU16xxx. I filled out Simon's tracker. Some background then a few questions.
Background:
A. I'm an F1 student and always been in status -- so AOS case
B. Born in the UK
C. In the DV lottery submission, I listed my chargeable country as Kazakhstan (more on this below)
D. Previous J1 holder but not subject to 212(e) rule
I know that in 99% of cases the chargable country should be country of birth. I know that both Kazakhstan (KZ) and the UK are eligible countries in DV2025. The reason I put KZ is that my parents were in the UK when I was born. My dad came to the UK on a 6 month training assignment from KZ and my mom accommpanied him. Two weeks after I was born, the 6 month training period ended and we all went back to KZ. They were both born in KZ and all their ties are to KZ (property, jobs, bank accounts, passports, cultural ties, social/family connections, etc.). I have also always lived in KZ except 1 year under J1 and currently 10 months under F1. I have a UK birth certificate and also registration of foreign birth certificate from the KZ embassy in the UK at the time of my birth. Basesd on this, I think it is correct to list KZ as the chargabiity country. I believe I meet the exception noted in CFR, Title 22, Sec 42.12(e) with respect to chargeability country other than ones birth country.
Questions:
1. Am I right that I could meet the exception requirements of Sec 42.12(e) and continue processing my DV2025 case notng Kazakhstan (KZ) as the chargeable country?
2. Does it actually matter to USCIS which country -- KZ or UK -- is chargeable in my case since both countries are within the EU region and both are equally eligible in DV2025?
3. What should I include in my DV2025 application package as evidence to demonstrate the Sec 42.12(e) exception validity? For example, parents' birth certificate, property ownership records in KZ, bank records, employment verification in KZ, etc.
4. What kind of evidence would USCIS need for me to prove UK training assignment was temporary for 6 months? Old passports are not available and my parents don't have any paperwork anymore. (I hope UK immirgation service can help!).
5. My parents have since divorced and I do not have contact with my dad. Is my understanding correct that Sec 42.12(e) allows chargeability on the basis of either parent -- so I can provide info in Q3 only for my mom?
6. Since this an an AOS case with USCIS, is it a complicated case and is it advisable to prepare a legal brief by an attorney as part of my DV2025 application package to USCIS to discuss the chargeability issue? Or I can do this myself in a cover letter?
Thanks in advance!
Background:
A. I'm an F1 student and always been in status -- so AOS case
B. Born in the UK
C. In the DV lottery submission, I listed my chargeable country as Kazakhstan (more on this below)
D. Previous J1 holder but not subject to 212(e) rule
I know that in 99% of cases the chargable country should be country of birth. I know that both Kazakhstan (KZ) and the UK are eligible countries in DV2025. The reason I put KZ is that my parents were in the UK when I was born. My dad came to the UK on a 6 month training assignment from KZ and my mom accommpanied him. Two weeks after I was born, the 6 month training period ended and we all went back to KZ. They were both born in KZ and all their ties are to KZ (property, jobs, bank accounts, passports, cultural ties, social/family connections, etc.). I have also always lived in KZ except 1 year under J1 and currently 10 months under F1. I have a UK birth certificate and also registration of foreign birth certificate from the KZ embassy in the UK at the time of my birth. Basesd on this, I think it is correct to list KZ as the chargabiity country. I believe I meet the exception noted in CFR, Title 22, Sec 42.12(e) with respect to chargeability country other than ones birth country.
Questions:
1. Am I right that I could meet the exception requirements of Sec 42.12(e) and continue processing my DV2025 case notng Kazakhstan (KZ) as the chargeable country?
2. Does it actually matter to USCIS which country -- KZ or UK -- is chargeable in my case since both countries are within the EU region and both are equally eligible in DV2025?
3. What should I include in my DV2025 application package as evidence to demonstrate the Sec 42.12(e) exception validity? For example, parents' birth certificate, property ownership records in KZ, bank records, employment verification in KZ, etc.
4. What kind of evidence would USCIS need for me to prove UK training assignment was temporary for 6 months? Old passports are not available and my parents don't have any paperwork anymore. (I hope UK immirgation service can help!).
5. My parents have since divorced and I do not have contact with my dad. Is my understanding correct that Sec 42.12(e) allows chargeability on the basis of either parent -- so I can provide info in Q3 only for my mom?
6. Since this an an AOS case with USCIS, is it a complicated case and is it advisable to prepare a legal brief by an attorney as part of my DV2025 application package to USCIS to discuss the chargeability issue? Or I can do this myself in a cover letter?
Thanks in advance!
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Sm1smom
Super Moderator
1. Yes, based on your above explanation. However selecting your birth country would have been a lot simpler and easier.
2. USCIS deals with roughly 5% of DV selectees annually, they have limited number of IOs experienced or with enough knowledge of DV requirements/qualifications. Your IO may or may not notice the cross chargeability issue in your case.
3. Probably parents’ b/c and evidence of their temporary stay in the UK at the time of your birth.
CAVEAT: While proactively trying to justify your decision to cross charge sounds like a good idea, it could end up bringing attention to a situation that could have possibly been overlooked and consequently lead to opening an unnecessary can of worms (based on my response 2 above).
4. The same form of evidence that would be required for a CP interview. You’ll need to figure this out on your own. See Caveat to this question above.
5. Yes. See Caveat to this question above.
6. See response to question 2 above. Also. see Caveat to this question above.
In general, one major advantage of AOS vs. CP is the fact that most of the IOs are not fully versed in the nuances of DV lottery and the requirements - very few IOs adjudicate DV based AOS applications and they are constantly being changed. The IOs more often than not do not deeply scrutinize DV cases like a CO would have with CP. There have been a couple of AOS cases that got through where they would have been denied if they went through CP, eg not listing a qualifying derivative on the entry form, selecting wrong chargeability country, etc. As a matter of fact, I think I have a wrong chargeability country case situation listed in the DV Unique Cases tracker spreadsheet which you might want to take a look at. It has a link to that case’s interview experience and a couple of other posts/responses related to the case on the 2022 AOS thread.
Thank you, Mom. I will review that case.
1. If I stay quiet on the chargeability matter, but subsequently the IO does in fact notice the discrepancy, will this be raised as an RFE such that I woud have an opportunity to clarify and provide evidence, or the case would just be denied?
2. My high school diploma is from an accredited distance education high school located in Florida. Notably, it is NOT a GED or obtained through correspondence program. Most of my high school was in KZ, then transferred credits and completed 12th grade through this distance education while in KZ (except 11th grade was in WA on J1). It is properly registered as a private school with the Florida Department of Education and, more importantly, it is accredited by an approved accrediting agency (MSA-CESS) recognized by the U.S Dept of Education. I'm woriried that the same inexperienced IO you mention will gloss over thinking that this high school diploma as a GED or correposndence school (and deny my case). Although this diploma is from a U.S. high school, I want to engage the services of a NACES-member credential evaluation company to verify details of this high school (that the school is accredited by an accreditating agency approved by U.S DoE, it's not a GED or correspondence program, etc.) and submit this report to USCIS with my DV2025 application package. Is this overkill -- is it again bringing attention to something that the IO officer will likely not question? Or it's wise to proactively address the nature of this high school? [Let me note again that I am currently an F1 visa freshman student at a U.S. university - i.e., I met the admission standards].
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Sm1smom
Super Moderator
1. More likely a RFE or an opportunity to explain at the time of the interview.
2. Could go either way. I guess including a Diploma assessment report by WES wouldn’t hurt.
Diana121
New Member
Hi, Sm1smom!
What should we answer for questions 18-20 in Part 8 about removal, deportation?
Are these questions specifically about the USA or in general?
We received a 2-year deportation order from Germany in 2020 and were banned from the SIS database for 2 years because we worked without a work permit.
Thank you!
What should we answer for questions 18-20 in Part 8 about removal, deportation?
Are these questions specifically about the USA or in general?
We received a 2-year deportation order from Germany in 2020 and were banned from the SIS database for 2 years because we worked without a work permit.
Thank you!
Sm1smom
Super Moderator
I would recommend getting a legal opinion on this. This forum is hosted by a reputable immigration attorney. He hosts free conference calls every two weeks where he answers questions from community members. While he does not answer DV based questions, your above questions are of a general nature which I believe he wouldn’t mind answering. So I recommend you take a look at the below link and post these questions for his next open community call
Xarthisius
Well-Known Member
At least 100% poverty guidelines for their household size (which is their family members + people being sponsored: you and your family)
2024 HHS Poverty Guidelines for Affidavit of Support
Use the HHS Poverty Guidelines to complete Form I-864, Affidavit of Support Under Section 213A of the INA.
www.uscis.gov
but my family process is FTJ and will not start until my green card is approved . so can I be considered as one for the AOS process because my family is abroad ? or will the IO consider them even before my AOS approval ? thanksAt least 100% poverty guidelines for their household size (which is their family members + people being sponsored: you and your family)
2024 HHS Poverty Guidelines for Affidavit of Support
Use the HHS Poverty Guidelines to complete Form I-864, Affidavit of Support Under Section 213A of the INA.www.uscis.gov
Sm1smom
Super Moderator
The sponsor is sponsoring you and your derivatives in that case. They need to be counted as part of your household if they’re processing FTJ. The assumption is if you do not personally have the financial means to overcome presumed public charge for yourself, you equally wouldn’t have the means to sponsor your family for FTJ on your own without additional support from somewhere.
Hello everyone,
congratulation to all of the winners
I would like to share my story and hear to anyone who can relate or have information regarding this scenario ,I appreciate all the advice .
My family and I ,including two kids entered USA through B1/B2 visa in Aug 2023 ,I applied for asylum before my I-94 ends ,however ,now we are out of status and still waiting for the TPS for my designed country to open hopefully by the beginning of July 2024.
My husband won the lottery and his case number is around 11xxx ,we can’t do the consular processing since we are afraid to jeopardize our re-entering to USA and to the fact that we can’t gain advance parole ,though we have no embassy in our home country and if we did travel we will need to go to another country .
I would like, to know if we can adjust status after we grant the TPS or we can do that through our pending asylum case in addition ,we have been advised to move to California since it’s under the ninth circuit and that will make our shoot better if we applied for AOS through our TPS THAT WE WILL BE APPLYING FOR .
Finally ,if anyone knows any attorney that have been working with the same scenarios. I really appreciate if you could share their contacts .
congratulation to all of the winners
I would like to share my story and hear to anyone who can relate or have information regarding this scenario ,I appreciate all the advice .
My family and I ,including two kids entered USA through B1/B2 visa in Aug 2023 ,I applied for asylum before my I-94 ends ,however ,now we are out of status and still waiting for the TPS for my designed country to open hopefully by the beginning of July 2024.
My husband won the lottery and his case number is around 11xxx ,we can’t do the consular processing since we are afraid to jeopardize our re-entering to USA and to the fact that we can’t gain advance parole ,though we have no embassy in our home country and if we did travel we will need to go to another country .
I would like, to know if we can adjust status after we grant the TPS or we can do that through our pending asylum case in addition ,we have been advised to move to California since it’s under the ninth circuit and that will make our shoot better if we applied for AOS through our TPS THAT WE WILL BE APPLYING FOR .
Finally ,if anyone knows any attorney that have been working with the same scenarios. I really appreciate if you could share their contacts .
Thanks. I went though the pinned AOS process and documentation requirements. Amazing resource! I'm confused on 2 points:
1) My AOS will be on the basis of F1 visa status. I don't have a job or income, but I paid tuition, room and board during my stay under F1. Is this enough to prove I will not be a public charge? Or do I need to submit I-134 and find a U.S. sponsor?
2) I did not find reference to police certifications in the pinned resources. I thought police checks are required for all AOS applications, including DV cases?
Thanks.
Sm1smom
Super Moderator
1. That is not enough to demonstrate you’re unlikely to end up being a public charge after becoming a LPR.
2. PCC is not required for any AOS application including DV based ones. Full background checks will be conducted after completing the biometric appointment.
@everyone please reply to this …. Thanks
Sm1smom
Super Moderator
You may proceed with the DV based AOS application when your CN becomes current with the hope your pending asylum gets approved (or you get TPS approved) before the DV based AOS application gets adjudicated.
Sm1smom
Super Moderator
We previously recommended (at least twice) that you go over the AOS process spreadsheet, seems like you never bothered to do so. It is not too late for you to study it now and familiarize yourself with the process. If you file without your CN becoming current, your case will be denied.
my concern on this is ,
HELLO on USCIS page > Policy Manual > Volume 7 - Adjustment of Status > Part B - 245(a) Adjustment > Chapter 3 - Unlawful Immigration Status at Time of Filing (INA 245(c)(2)) I found the below . it looks like against your explanation above about being OOS while TPS application ( COS application) is pending provided TPS was applied before the non-immigration (B2 visa) was expired .
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1. Extension of Stay or Change of Status
A noncitizen may file an adjustment application after expiration of his or her nonimmigrant status while the noncitizen’s timely-filed EOS or COS application is pending.In such cases, the officer should defer adjudication of the adjustment application until USCIS adjudicates the EOS or COS application so long as there are no other grounds for denial.If USCIS ultimately approves the EOS or COS application, then the noncitizen is considered to be in lawful immigration status on the date the adjustment application is filed. If USCIS denies the EOS or COS application, then the noncitizen is generally considered to be in unlawful immigration status as of the expiration of the noncitizen’s current nonimmigrant status and likewise on the date the adjustment application is filed. In this instance, the INA 245(c)(2) bar would apply, unless an exemption is available.
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I stand to be corrected...thank you
Sm1smom
Super Moderator
I know what the manual says. However I have no idea as to precisely what you’re trying to say above.
Anyway, I’m not the IO with the final say over your case. So it really doesn’t matter what I say. You’ll basically have to wait and see.