DV 2025 AOS (Adjustment of Status) Process Only

[Sm1smom]

Aren't you protected from being out of status when your AOS is pending, if filed before visa expiration?

While it is indeed true that an applicant whose current status expires while their AOS application is pending is protected from being deemed OOS during that period, OP’s plan of not wanting to fall OOS is a great plan considering AOS approval is not guaranteed for any applicant. This plan enables the OP to have a fall back status should in case the AOS application is not successful for one reason or the other.

 

[omarsn93]

While it is indeed true that an applicant whose current status expires while their AOS application is pending is protected from being deemed OOS during that period, OP’s plan of not wanting to fall OOS is a great plan considering AOS approval is not guaranteed for any applicant. This plan enables the OP to have a fall back status should in case the AOS application is not successful for one reason or the other.

Got it. I am graduating in December 20th and have not applied for my OPT yet. I still have 60 days after graduation to apply. I am probably gonna apply mid December or early January, depending on when my interview is going to be scheduled. Do you think my plan make sense or I should drop every thing and apply now? I also have a pending tps case.

 

[Sm1smom]

Got it. I am graduating in December 20th and have not applied for my OPT yet. I still have 60 days after graduation to apply. I am probably gonna apply mid December or early January, depending on when my interview is going to be scheduled. Do you think my plan make sense or I should drop every thing and apply now? I also have a pending tps case.

I’m sorry I can’t guide you on this, you’ll need to figure it out your plan on your own.

 

[lofikdro]

I wouldn’t list this in the employment history section of the form.

I guess you're recommending not to include this in the employment section and to only include the previous three years of W-2s issued by my school as evidence of income.
Another question I have is: Can applicants translate their birth certificates themselves and sign an affidavit they are proficient in that language? What do you think qualifies as a certified translation?

 

[Xarthisius]

Important change in AOS processes: medical (I-693) is now required to be submitted with I-485, otherwise AOS package might be rejected.

[1] https://www.uscis.gov/newsroom/aler...nation-and-vaccination-record-to-be-submitted

 

[Sm1smom]

I guess you're recommending not to include this in the employment section and to only include the previous three years of W-2s issued by my school as evidence of income.
Another question I have is: Can applicants translate their birth certificates themselves and sign an affidavit they are proficient in that language? What do you think qualifies as a certified translation?

No, my response was not a recommendation of what to include or not include in terms of your W-2s. I answered your question based on what was asked.

It is recommended for document translation to be carried out by an unrelated third party (a friend could do translation). However I do know of some forums that do suggest an applicant could translate the document themselves (certainly not something I recommend). Certified translation is simply a signed statement from whoever translated attesting to their fluency in English and the language the document has been translated from. Sample below:

I (translator's full name) certify that I am fluent (conversant) in English and (language(s) translated from), and that the attached document is a complete and accurate translation of the attached (name of document).

Signature
[Date]
[Name]
[Address]

 

[lofikdro]

No, I did not recommend what to include or not include in terms of your W-2s. I answered your question based on what was asked.

I framed the question poorly. The plan is to include the past 3 years of W2s, pay stubs from the past 6 months, and the I-20 showing the stipend amount and demonstrate status in US. The employment section will be marked N/A since no job has been held in the past five years, other than being in graduate school. Would that be sufficient as evidence for financial sufficiency and good justification for lack of employment? Or is something missing?

 

[Nishri]

Hi, I am currently working with an employer who won’t be able to apply my stem opt. My opt ends in Feb and my VB is current in January. What are my options? Should I file for EAD along with all the documents? Right now I hold an F1opt EAD. Will there be any problem? I do not want to be out of status. Any suggestion? Or anyone with a similar case?

 

[Sm1smom]

I framed the question poorly. The plan is to include the past 3 years of W2s, pay stubs from the past 6 months, and the I-20 showing the stipend amount and demonstrate status in US. The employment section will be marked N/A since no job has been held in the past five years, other than being in graduate school. Would that be sufficient as evidence for financial sufficiency and good justification for lack of employment? Or is something missing?

I cannot categorically say if that will be enough or not for demonstrating you’re not likely to become a public charge. Find someone to provide you with an I-134 (and the applicable supporting documents) if you want to be certain.

 

[Sm1smom]

Hi, I am currently working with an employer who won’t be able to apply my stem opt. My opt ends in Feb and my VB is current in January. What are my options? Should I file for EAD along with all the documents? Right now I hold an F1opt EAD. Will there be any problem? I do not want to be out of status. Any suggestion? Or anyone with a similar case?

I’m not sure I understand what you mean by you’re working for an employer who is unable to apply for your STEM OPT. Isn’t that something you apply for yourself if you’re eligible for it?

Anyway, an AOS based EAD card will not stop you from falling out of status if your current status ends in February. The AOS based EAD is simply a document that enables you to keep working while your AOS application is pending, you’ll still be technically out of status at that point but it wouldn’t matter if your AOS application was already pending before your current status expired.

 

[Nishri]

Technical they are not everify company and I won’t be able to work under them in the stem opt. That means I can continue to work under AOS based EAD. If I am out of status how can I still work?

 

[Sm1smom]

Technical they are not everify company and I won’t be able to work under them in the stem opt. That means I can continue to work under AOS based EAD. If I am out of status how can I still work?

The company not being in the E-Verify program is not the same as them not being able to apply for your STEM OPT since employers do not apply for STEM OPT. If your employer is not in the E-Verify program, it just means you’re not eligible to apply for STEM OPT.

If you apply for AOS and your AOS package is accepted before your current status expires, you are allowed to remain in the country and work with an AOS based EAD while your AOS application is pending, that is how you can legally work while OOS.

 

[MaryJks]

Hi mom and all,

After completing DS-260 form as the FO supervisor (apparently) asked us, I called them back to make sure there is nothing outstanding. During our short conversation the supervisor informed me that our application will need to be sent back and "repackaged" (presumably at the NVC). Which sounds like a lengthy process in which something can go wrong in many different ways. In any case, just wanted to share the update.

 

[LASORAZSH]

Hi Mom!

Firstly, thank you for this amazing forum!

My wife is a DV selectee with a rank number of OC-15XX.

We've started the AOS process for myself, my wife, and our daughter. We've completed the DS-260 and submitted the DV payment.

I recently came across the photos I originally uploaded for the DV entry. I noticed a shadow in my wife's picture. It's not too dark, but it is noticeable.

Should we be concerned that this might cause the application to be denied?

Thanks in advance

 

[Sm1smom]

Hi Mom!

Firstly, thank you for this amazing forum!

My wife is a DV selectee with a rank number of OC-15XX.

We've started the AOS process for myself, my wife, and our daughter. We've completed the DS-260 and submitted the DV payment.

I recently came across the photos I originally uploaded for the DV entry. I noticed a shadow in my wife's picture. It's not too dark, but it is noticeable.

Should we be concerned that this might cause the application to be denied?

Thanks in advance

That’s not something to be concerned about.

 

[LASORAZSH]

That’s not something to be concerned about.

Thank you!

 

[Deli]

new USCIS update as of December 02

Heads up Aoser ...I believe it is mandatory to update the google sheet where it says it is possible to send medical later

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
USCIS Now Requires Report of Immigration Medical Examination and Vaccination Record to be Submitted with Form I-485 for Certain Applicants
Release Date
12/02/2024
We now require certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, with their Form I-485 or the Form I-485 may otherwise be rejected.

Applicants for adjustment of status generally must complete an immigration medical examination and all required vaccinations and submit a properly completed Form I-693 signed by a civil surgeon to show they are free from health conditions that would render them inadmissible under the health-related grounds.

If you are required to submit Form I-693, or a partial Form I-693 (such as the Vaccination Record), you must submit it with your Form I-485. Otherwise, we may reject your Form I-485. We have revised the Form I-485 instructions to make filing the two forms together a requirement.

We have made this change to reduce the number of Requests for Evidence we issue before adjudicating a Form I-485.

 

[blessu_2]

Is there any information on the forum or the sheets that discuss when to approach these: service request, contact tier 2, infopass, congressional inquiry ? I have read on some applicants shared experiences that they used these services to move their cases when they seemed to be stuck. Thank you

 

[Deli]

Is there any information on the forum or the sheets that discuss when to approach these: service request, contact tier 2, infopass, congressional inquiry ? I have read on some applicants shared experiences that they used these services to move their cases when they seemed to be stuck. Thank you

once Sm1smom said the below

 

[agus]

Hello! Everyone,
I filed my package back in July which was rejected due to early filing. (I was naive and had no clue.) Now my visa is being current in January and I would like to resend my application. But the problem is my medical file envelope was open during the rejection and had a barcode stamped on it at the end of every page. Due to this, my doctor says he cannot reprint the package in a closed envelope. And to to do recheck up i will have to travel 7 hours again. I have read on Reddit that some people just submit the open medical file and it was okay. However, I wanted to ask here for advice as I came to trust this forum and the information it provides. Your advice or similar experience is very appreciated. Thank you.