DV 2026 AOS (Adjustment of Status) Process Only

[Sm1smom]

Thank you!
Quick follow-up on question (1):

If I need to extend my J-1 and obtain a new visa stamp (for example, if I have not yet finished my studies), or if I am on Academic Training after graduation and want to travel internationally, would applying for a new visa stamp be treated as a completely new visa application? In that case, could the prior green card filing create an issue? Or is it viewed more as a continuation of my existing J-1 program with the same university, such that the prior DV adjustment filing would not significantly affect it?

(2) Statistically speaking, in situations like this, how common is it for a new nonimmigrant visa to be denied because the applicant previously initiated a green card process? I understand that it depends on the embassy and the individual officer, but in general are denials relatively common, or are most cases still approved? I am just trying to better understand the level of risk in order to make an informed decision.

Thank you again for any insight you can share.

1. Yes, your demonstrated immigrant intent can impact any new visa application from the embassy. A J-1 application requires the applicant to not have an immigrant intent. The onus will be on you to be able to convince the CO you no longer harbor an immigrant intent and you plan on departing from the US at the end of your program.
2. I’m sorry I don’t do statistical analysis of approved or denied visa applications by US embassies.

 

[DVMA26]

I am a derivative currently in the US under F1 status, and will be doing AOS. My husband (principal) is overseas and will process through CP. I have several questions:
1. For the AOS DV Payment Form ($330) - Do I write my name or my husband's (principal) name for Selectee surname/given name?
2. From my understanding, he has to be approved for the green card first before I can process my AOS? Should I pay the fee now to save time, since it will take some time to get the receipt?

Thank you for your help.

 

[Sm1smom]

I am a derivative currently in the US under F1 status, and will be doing AOS. My husband (principal) is overseas and will process through CP. I have several questions:
1. For the AOS DV Payment Form ($330) - Do I write my name or my husband's (principal) name for Selectee surname/given name?
2. From my understanding, he has to be approved for the green card first before I can process my AOS? Should I pay the fee now to save time, since it will take some time to get the receipt?

Thank you for your help.

1. Principal selectee’s name.
2. He not only has to be approved first, he actually has to enter first and be admitted as a LPR before you can file for AOS. Based on this, I wouldn’t recommend making the payment at this point.

 

[Britsimon]

Hi,
I might be a bit confused, but the ones who want to do AOS and participate in the ongoing lawsuit only have the option with Red Eagle, as ImmpactLitigation is not targeting USCIS; nothing's been mentioned on their website either.

Need help here ??

That is correct.

 

[2026SA22xx]

Hi,
Does joining the lawsuit mean a show of immigration intent?
Thanks.

 

[Sm1smom]

Hi,
Does joining the lawsuit mean a show of immigration intent?
Thanks.

Being a DV selectee + formally joining a lawsuit challenging the DV pause = harboring an immigrant intent. This therefore could be argued as showing an immigrant intent, depending on who is making the argument.

 

[2026SA22xx]

Being a DV selectee + formally joining a lawsuit challenging the DV pause = harboring an immigrant intent. This therefore could be argued as showing an immigrant intent, depending on who is making the argument.

Got it, and yea this is from the perspective of a DV 2026 selectee whose number becomes current in april in the new bulletin. So it is showing immigrant intent.

 

[KISS2025]

Hi, @Sm1smom,

Hope you are doing great.

If my number became current in April, can I file my docs right now (6-7 weeks before April 1) according to the information from the uscis official website:

"...Section C contains a chart showing the Diversity Immigrant category rank cut-offs for the following month, which represents the advance notification of Diversity Immigrant visa availability. As soon as a monthly Visa Bulletin is published, anyone with a lower rank number than the rank cut-off number shown in Section C is eligible to file for adjustment of status. This provides lottery winners the opportunity to file for adjustment of status up to six or seven weeks before a visa number can actually be allocated. This gives USCIS additional time to determine your eligibility for adjustment of status before the end of the fiscal year..."

Or please correct me if my understanding is wrong.

 

[Sm1smom]

Hi, @Sm1smom,

Hope you are doing great.

If my number became current in April, can I file my docs right now (6-7 weeks before April 1) according to the information from the uscis official website:

"...Section C contains a chart showing the Diversity Immigrant category rank cut-offs for the following month, which represents the advance notification of Diversity Immigrant visa availability. As soon as a monthly Visa Bulletin is published, anyone with a lower rank number than the rank cut-off number shown in Section C is eligible to file for adjustment of status. This provides lottery winners the opportunity to file for adjustment of status up to six or seven weeks before a visa number can actually be allocated. This gives USCIS additional time to determine your eligibility for adjustment of status before the end of the fiscal year..."

Or please correct me if my understanding is wrong.

Yes, you can. That is known as “early filing”. I recommend you take a look at the FAQ tab of the AOS process spreadsheet to ensure you have a good understanding of early filing.