• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

DV Lottery 2013- AOS or Consulate processing since my F-1 Visa will be activated on September?

gele

Registered Users (C)
First of all, I already have an F-1 visa which will be active from the coming August since I have been admitted into a master program at a U.S. University. At the same time, I have been selected from the 2013 Diversity Visa lottery for further processing (Case Number below 2013XXXXXXX1400) . Therefore, I would like to ask the following questions:

Should I proceed with AOS or Consulate processing? Which process is beneficial for my case?

Since I am moving to the U.S.A. on August, when is the right time to initiate the process? Does it matter if I send DS-122 on September? Is this going to delay the process?

Are there any risks for my F-1 visa?

Thank you in advance for your time and professional courtesy to review my case.
 
If I were you, I would go for AOS.

You can start the process as soon as you arrive in the U.S. Even if your AOS is rejected, it will not affect your F-1 status.

First of all, I already have an F-1 visa which will be active from the coming August since I have been admitted into a master program at a U.S. University. At the same time, I have been selected from the 2013 Diversity Visa lottery for further processing (Case Number below 2013XXXXXXX1400) . Therefore, I would like to ask the following questions:

Should I proceed with AOS or Consulate processing? Which process is beneficial for my case?

Since I am moving to the U.S.A. on August, when is the right time to initiate the process? Does it matter if I send DS-122 on September? Is this going to delay the process?

Are there any risks for my F-1 visa?

Thank you in advance for your time and professional courtesy to review my case.
 
I would also go forAOS, but watch for the 60-day rule

I agree that AOS makes more sense in your situation (by the way, wouldn't CP make you stay in your home country and therefore lose the school year?)

Yet there's one thing to keep in mind: when you enter the U.S. on your F-1 visa, it's a non-immigrant visa. Thus it would be prudent to wait at least 60 days after your entrance before you apply for AOS in order not to appear as if you misrepresented your true intention when entering (i.e. lied to the immigration official). You can google "30/60 day rule" or look below.

http://www.state.gov/documents/organization/87011.pdf



9 FAM 40.63 N4.7 Applying the 30/60 Day Rule
(CT:VISA-1740; 10-06-2011)
a. In determining whether a misrepresentation has been made, some of the most difficult questions arise from cases involving aliens in the United States who conduct themselves in a manner inconsistent with representations they made to the consular officers concerning their intentions at the time of visa application or to immigration officers when applying for admission. Such cases occur most frequently with respect to aliens who, after having obtained visas as nonimmigrants, either:
(1) Apply for adjustment of status to permanent resident; or
(2) Fail to maintain their nonimmigrant status (for
U.S. Department of State Foreign Affairs Manual Volume 9―Visas
9 FAM 40.63 Notes Page 7 of 29
example, by engaging in employment without authorization by DHS).
b. To address this problem, the Department developed the 30/60-day rule. This rule is intended to facilitate adjudication of these types of cases consistent with the statutory mandates.
c. Aliens who apply for adjustment or change of status pursuant to the INA are within the jurisdiction of the United States Citizenship and Immigration Services (USCIS) unless the application is abandoned upon the departure of the alien from the United States. If you become aware of derogatory information indicating that an alien who has applied to USCIS to adjust to immigrant status or change nonimmigrant status in the United States may have misrepresented his or her intentions to you at the time of visa application or to the immigration officer at the port of entry, you should bring the derogatory information to the attention of the appropriate USCIS office that has jurisdiction over the adjustment or change of status application. Do not request an advisory opinion from the Advisory Opinions Division (CA/VO/L/A) in these cases, because it would not be binding on USCIS.
d. With respect to the second category referred to above, the fact that an alien's subsequent actions are other than as stated at the time of visa application or entry does not necessarily prove that the alien's intentions were misrepresented at the time of application or entry. As to those who fail to maintain status, you should also recognize that the precise circumstances under which the change in activities or the overstay arose have an important bearing on whether a knowing and willful misrepresentation was made. The existence of a misrepresentation must therefore be clearly and factually established by direct or circumstantial evidence sufficient to meet the "reason to believe” standard. Although indeed more flexible than the judicial "beyond reasonable doubt” standard demanded for a conviction in court, a "reason to believe” standard requires that a probability exists, supported by evidence which goes beyond mere suspicion.
 
I agree that AOS makes more sense in your situation (by the way, wouldn't CP make you stay in your home country and therefore lose the school year?)

Yet there's one thing to keep in mind: when you enter the U.S. on your F-1 visa, it's a non-immigrant visa. Thus it would be prudent to wait at least 60 days after your entrance before you apply for AOS in order not to appear as if you misrepresented your true intention when entering (i.e. lied to the immigration official). You can google "30/60 day rule" or look below.

http://www.state.gov/documents/organization/87011.pdf



9 FAM 40.63 N4.7 Applying the 30/60 Day Rule
(CT:VISA-1740; 10-06-2011)
a. In determining whether a misrepresentation has been made, some of the most difficult questions arise from cases involving aliens in the United States who conduct themselves in a manner inconsistent with representations they made to the consular officers concerning their intentions at the time of visa application or to immigration officers when applying for admission. Such cases occur most frequently with respect to aliens who, after having obtained visas as nonimmigrants, either:
(1) Apply for adjustment of status to permanent resident; or
(2) Fail to maintain their nonimmigrant status (for
U.S. Department of State Foreign Affairs Manual Volume 9―Visas
9 FAM 40.63 Notes Page 7 of 29
example, by engaging in employment without authorization by DHS).
b. To address this problem, the Department developed the 30/60-day rule. This rule is intended to facilitate adjudication of these types of cases consistent with the statutory mandates.
c. Aliens who apply for adjustment or change of status pursuant to the INA are within the jurisdiction of the United States Citizenship and Immigration Services (USCIS) unless the application is abandoned upon the departure of the alien from the United States. If you become aware of derogatory information indicating that an alien who has applied to USCIS to adjust to immigrant status or change nonimmigrant status in the United States may have misrepresented his or her intentions to you at the time of visa application or to the immigration officer at the port of entry, you should bring the derogatory information to the attention of the appropriate USCIS office that has jurisdiction over the adjustment or change of status application. Do not request an advisory opinion from the Advisory Opinions Division (CA/VO/L/A) in these cases, because it would not be binding on USCIS.
d. With respect to the second category referred to above, the fact that an alien's subsequent actions are other than as stated at the time of visa application or entry does not necessarily prove that the alien's intentions were misrepresented at the time of application or entry. As to those who fail to maintain status, you should also recognize that the precise circumstances under which the change in activities or the overstay arose have an important bearing on whether a knowing and willful misrepresentation was made. The existence of a misrepresentation must therefore be clearly and factually established by direct or circumstantial evidence sufficient to meet the "reason to believe” standard. Although indeed more flexible than the judicial "beyond reasonable doubt” standard demanded for a conviction in court, a "reason to believe” standard requires that a probability exists, supported by evidence which goes beyond mere suspicion.
I agree with the above.

Do not start the AOS process anytime until October or so. Do not even send your DSP 122 to KCC until then. You will not be late or anything. You will have PLENTY of time to finish the process. Good luck.
 
Should I be worried for my GC because I will be on F-1 Visa?

Thank you very much for your responses.

I did not know that I have to wait for 60 days but I will definitely do so in order to avoid any misrepresentations; thus, I will send the DSP-122 and rest of package for AOS at the same time, 61 days after my arrival in the USA.

However, I am a little worried because the F-1 Visa is a non-immigrant visa. Do you think that I will any issues in the processing of the GC? I have seen a lot of success stories in this forum of people having an F-1 but I am still a little worried.

Do you believe that I should speak to an immigration attorney upon arrival to avoid any potential issues?

Thanks again for your time,
George
 
I am also facing the similar situation, I am eligible for DV 2014(still not applied) and i may also apply to US univs and apply to F1 by the time of MAY-2014(same time when lottery results are out), i would like to know whether, applying to DV would hurt my chances of F1 visa processing? (I am afraid if i would be denied a non-immigrant visa for showing my intent to apply to DV for immigration) whats your advise on my status ?
 
I am also facing the similar situation, I am eligible for DV 2014(still not applied) and i may also apply to US univs and apply to F1 by the time of MAY-2014(same time when lottery results are out), i would like to know whether, applying to DV would hurt my chances of F1 visa processing? (I am afraid if i would be denied a non-immigrant visa for showing my intent to apply to DV for immigration) whats your advise on my status ?
DV entry by itself is not enough to show intent to immigrate, but along with other factors it may be enough to get your F-1 application rejected. Make no mistake about it, they will find out if you have applied for DV at the visa interview. The officer who interviewed me specifically asked about my DV entry, but in my case he couldn't deny me for immigrant intent because H-1B is a dual-intent visa.

If the consular officer decides to bring it up, he/she will ask why you entered the DV lottery. If you give the most straightforward answer like "because I want to move into the U.S", then such answer constitutes proof of intent to immigrate, which will result in denial of your non-immigrant F-1 application. Personally I don't know if I can come up with a good answer to that question, so in your situation I wouldn't enter DV because that would give him/her the chance to ask it.
 
Last edited by a moderator:
Actually, I had applied for the DV lottery long (3-4 months) before I applied for F-1. At that time, I did not even know if I am going to US for grad school. I am pretty sure that it will not affect the issuance of your visa as well. Actually, participating in the lottery do not show intention to immigrate by itself.
 
Thank you very much for the replies :)

I am still confused about my state.. could not take a solid decision !

I don want to risk my future, applying to DV this year. Probably, i would wait one more year to apply to it (probably after my admits) !
 
Top