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DV 2025 AOS (Adjustment of Status) Process Only

1. One of the basic rules to abide by when going through an immigration process is to never volunteer unsolicited information (which is what trying to explain whatever you deem your current situation to be when you send in your AOS package is). Doing so more often than not ends up causing more damage vs doing any good.

Bear in mind, we're in an unchartered/volatile territory under the current administration. It is hard to know/say how the IO will view an application submitted during the 2 months period following the TPS status ending.

2. Lawyers cannot answer questions for you during your interview. If you've done your research and have the applicable official references on hand, you should be able to address the questions on your own. You however can determine on your own if you feel having a lawyer on hand can help keep your mind at rest.
Thank you Mom!
 
Hi, I am new member here! My case number is AS70** and available on June. Right now, i am in F1 and paying international rates. To get in state fees asap, i wanna terminate my F1 and apply in-state tuition fees. But the due date for residency classification is July 1. I cannot guarantee to get DV approval within one month. I also have TPS status. I would like to classify that TPS is also valid status to apply AOS? (MY TPS will expire on 02/2025 - 11/2025). What if i get denied DV, what is my fall back status? TPS or out of status? Would it be okay to terminate F1 during the current administration?
 
and apply in-state tuition fees
You may want to ensure that you will qualify. For many states (there are exceptions, like Utah where you can gain residency after a year), if you moved to a state only for the purposes of study it does not qualify for in state tuition.
 
Hi, I am new member here! My case number is AS70** and available on June. Right now, i am in F1 and paying international rates. To get in state fees asap, i wanna terminate my F1 and apply in-state tuition fees. But the due date for residency classification is July 1. I cannot guarantee to get DV approval within one month. I also have TPS status. I would like to classify that TPS is also valid status to apply AOS? (MY TPS will expire on 02/2025 - 11/2025). What if i get denied DV, what is my fall back status? TPS or out of status? Would it be okay to terminate F1 during the current administration?
Highly recommend against terminating F1 status under the current administration. However should you proceed with the termination and remain with just TPS, if your AOS application ends up not being approved by the end of the FY (Sept. 30th), your fall back status would be TPS which will only be valid until 11/2025 if it doesn’t get renewed.
 
Hi MOM,

I’m currently on H-1B visa and my husband is on H-4. I’ve been selected for the DV Lottery 2025, and my case number is 2025AS15XXX. I know this number is relatively high, so I’m not sure if I’ll be able to file I-485 and receive my green card before the fiscal year ends (Sep 30, 2025).

To keep options open, my employer is also starting an employment-based green card process for me, and they plan to file the I-140 this month.

My question is:
Will filing the I-140 (or it being approved later) have any negative impact on my DV2025 I-485 adjustment of status or interview eligibility?

Thank you!
 
Second question:

Based on what I’ve seen from DV2024 and DV2025 cases on DV tracker, several applicants who filed early got initial rejections, particularly at field offices like Fairfax, VA (which is also my local FO).

Given that my number (AS15XXX) might become CURRENT around August or September 2025, I’m wondering about the best strategy to time my DV I-485 filing.

Should I wait and file on the 1st day of the month when my case is officially CURRENT?

Or would mid-month filing before the CURRENT month (for example, filing around August 15 if September is CURRENT) be a safer option?

I'm trying to minimize risks like rejection or missing out due to the fiscal year deadline.

Thanks again!
 
Hi MOM,

I’m currently on H-1B visa and my husband is on H-4. I’ve been selected for the DV Lottery 2025, and my case number is 2025AS15XXX. I know this number is relatively high, so I’m not sure if I’ll be able to file I-485 and receive my green card before the fiscal year ends (Sep 30, 2025).

To keep options open, my employer is also starting an employment-based green card process for me, and they plan to file the I-140 this month.

My question is:
Will filing the I-140 (or it being approved later) have any negative impact on my DV2025 I-485 adjustment of status or interview eligibility?

Thank you!
You can file for employment based I-140. No problem. We have also done this.

However, the queue is really long for eb2. So unless you're planning on doing eb1, it may be worth considering waiting a few more months to see how DV pans out for you. But of course, if its your employer's money and you don't care about it then no worries.

For instance, our eb2 i-140 was approved in March last year. However, the way things are going, it seems like we won't even be current by the end of this year.
 
Hi MOM,

I’m currently on H-1B visa and my husband is on H-4. I’ve been selected for the DV Lottery 2025, and my case number is 2025AS15XXX. I know this number is relatively high, so I’m not sure if I’ll be able to file I-485 and receive my green card before the fiscal year ends (Sep 30, 2025).

To keep options open, my employer is also starting an employment-based green card process for me, and they plan to file the I-140 this month.

My question is:
Will filing the I-140 (or it being approved later) have any negative impact on my DV2025 I-485 adjustment of status or interview eligibility?

Thank you!
I-140 filing or approval has no impact on a DV based AOS application. Since your CN is relatively high, I wouldn't hesitate with this back up plan if this was me.
 
Second question:

Based on what I’ve seen from DV2024 and DV2025 cases on DV tracker, several applicants who filed early got initial rejections, particularly at field offices like Fairfax, VA (which is also my local FO).

Given that my number (AS15XXX) might become CURRENT around August or September 2025, I’m wondering about the best strategy to time my DV I-485 filing.

Should I wait and file on the 1st day of the month when my case is officially CURRENT?

Or would mid-month filing before the CURRENT month (for example, filing around August 15 if September is CURRENT) be a safer option?

I'm trying to minimize risks like rejection or missing out due to the fiscal year deadline.

Thanks again!
Unfortunately, this is not a decision I can help you with. You'll need to personally weigh your risk tolerance level and make your own decision as to when to send in your AOS package if your CN becomes current.
 
Highly recommend against terminating F1 status under the current administration. However should you proceed with the termination and remain with just TPS, if your AOS application ends up not being approved by the end of the FY (Sept. 30th), your fall back status would be TPS which will only be valid until 11/2025 if it doesn’t get renewed.
Thank you mom. I understand that. But I am wondering Does TPS eligible for AOS? It has not been one year and one day since I get approval. (02/2025 - 11/2025). Can terminating F1 status be affected to my AOS application?
 
Thank you mom. I understand that. But I am wondering Does TPS eligible for AOS? It has not been one year and one day since I get approval. (02/2025 - 11/2025). Can terminating F1 status be affected to my AOS application?
Yes, TPS status (for someone who was inspected and admitted/or paroled into the US) is eligible to file for AOS. Terminating F1 status on it's own (provided doing so, prior to filing for AOS does not result in being OOS for any period of time) does not impact AOS filing.
 
Hello Sm1smom and everybody.

I got a question:

My case number is AS13xxx, 13000++. I have submitted DS260, received an email from KCC on what I think is the 2nd Notice. (Basically it saying it acknowledged I am doing AOS) and saying to pay the $330 if USCIS determines I am eligible for AOS. I have not yet paid anything.

I was on B1/2 visa, it is still valid. My queue number hasn't been reached, but I have to leave the US as a B1/2 and re-enter.

Now, I have read the FAQ "Can I travel after submitting DS260 but before initiating AOS process without an issue." The answer is yes but now, I have trouble defining when does "AOS process" starts?

Does it start when I submit the packages/forms when my queue number is up? Or is it like I am screwed now since 2nd notice has been received? But I have to leave US and maybe use this time to visit my parents and home country, I have to leave because my B1/2 stamp has a given date and it expires.

Thank you for your help!! Truly appreciate it.
 
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I was on B1/2 visa, it is still valid. My queue number hasn't been reached, but I have to leave the US as a B1/2 and re-enter.
I assume you are aware there is a risk CBP won’t let you back in.

The AOS process begins when you submit your package.
 
Hello Sm1smom and everybody.

I got a question:

My case number is AS13xxx, 13000++. I have submitted DS260, received an email from KCC on what I think is the 2nd Notice. (Basically it saying it acknowledged I am doing AOS) and saying to pay the $330 if USCIS determines I am eligible for AOS. I have not yet paid anything.

I was on B1/2 visa, it is still valid. My queue number hasn't been reached, but I have to leave the US as a B1/2 and re-enter.

Now, I have read the FAQ "Can I travel after submitting DS260 but before initiating AOS process without an issue." The answer is yes but now, I have trouble defining when does "AOS process" starts?

Does it start when I submit the packages/forms when my queue number is up? Or is it like I am screwed now since 2nd notice has been received? But I have to leave US and maybe use this time to visit my parents and home country, I have to leave because my B1/2 stamp has a given date and it expires.

Thank you for your help!! Truly appreciate it.
The referenced FAQ response in your above post does not apply to someone on a visitor's visa. That response is for folks already based in the US on other types of NIV such as employment or student visa.

AOS process starts after sending in the AOS package. However, submission of DS260 form and/or DV administrative fee payment signifies a demonstration of an immigrant intent which is what you're facing at this point, which may not be an issue for someone who is not in the US on a visitor's visa. Based on your demonstrated immigrant intent while on a visitor's visa, I would be pleasantly surprised if you are re-admitted once you depart from the US at this point. This is precisely why we caution folks against entering the US with a pre-determined intent of filing for AOS, your authorized stay/status could expire prior to your CN becoming current.
 
Based on your demonstrated immigrant intent while on a visitor's visa, I would be pleasantly surprised if you are re-admitted once you depart from the US at this point
Even without demonstrated immigrant intent, staying some months in the US, leaving for a brief time out and trying to re-enter is risky. Maybe an opportune time to remind the poster that if they are asked at entry about their intent, they have to be honest. CBP makes notes.
 
Hello AOS Family .

Today was my 2nd interview, and up until the point when my IO called me into his office, everything was the same as I described for my previous interview, which got rescheduled on the spot.

1, The IO asked me detailed questions from the form.

2, He added some yes/no questions from the form.

3,In the end, he made me sign and said he would review everything further and contact me if needed.

4, I told him it was a DV case, and I have an FTJ process for my family. He said, "I know, I know you have a deadline, but I will work on it case by case." So now, I am back to the waiting game again.
Quick follow-up. Any update on your case following your 2nd interview appointment?
 
USCIS website for us. Haven't received the letter/date yet. Not sure how long it takes.
Mine is with the Seattle FO, package filed in November and on the spreadsheet. I got the "Ready to Be Scheduled for An Interview" notification on the 16th of April. Will update once the letter comes through but looking at previous years it looks like the earliest the SEA FO provided notices was late April/Early may.
 
Sooo finally Informed Deivery is showing that there are 2 letters from USCIS. One for me and one for my wife. At 2pm USPS sent an email telling that the mail was delivered, went out to check and there is nothing. It's 6pm now and there is still nothing. This has never happened before lol. What should I do?

Very high chance it's for the interview. I'm ommitting the possibility of RFEs since it's already almost 7 months since filing but I don't know.
 
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