Dv

[silibarim]

URGENT: DV and F-1 complications

Hi everyone,

I have followed this forum for a while and I would like to get your advice on my complicated problem. I was a F1 student in the US and came to appear for my DV interview (CP). Unfortunately, I was told my medical clearance will take 2 more months, so my dilemma is whether to abandon the DV visa altogether and seek re-entry with the F1 valid visa I already have or to just go to my interview and wait until the medicals are cleared to be given the visa (assuming the interview goes well, of course). Another option I have is to postpone my interview until the medicals are cleared, but we are looking at the third week of september and the risk is that the visas may run out by then. What should I do? Should I risk being denied entry by attempting to return using my F1 visa? I know immigrant intent may be a problem, but what are the chances that the CBP will pick it up? Can the embassy in my home country mark something so that the CBP will see my pending DV interview (which I would abandon if I got re-entry in to the US to continue my studies because my reason for trying the DV visa is not immigration, just to make it easier to get jobs after graduating before returning after a few years to my home country. I know they may not believe it, but that's really my honest answer.)? If I just wait here and my medicals are cleared but the visas run out, I would try to use my f1 visa to seek re-entry I guess, but a lawyer in NYC I contacted told me that there is a very very slim chance that the CBP at the POE will pick up a pending DV interview/application because the DV is handled by the State Department, so the USCIS may not be able to see any of it unless they proactively look for it. Any thoughts? Do you know of anybody being denied entry on F1 due to DV visa application in the past? please, please share what you know. I am totally confused and worried.

 

[dv2012dv]

I'd get the interview done now and wait for the medical clearance. I am pretty sure that getting that interview done guarantees you a immigrant visa, and the medical will just be a formality.

Do NOT extend the interview date.

You'd have to be very unlucky to be denied an immigrant visa, and then also picked up at the POE and denied re-entry on F1

 

[silibarim]

Thanks dv2012dv! This is really frustrating me. I just can't seem to be able to decide. On the one hand, I want to get back asap so that my studies won't be interrupted. On the other hand, I am worried about the risk of being denied entry at the POE on my F1 visa. I have scoured the internet looking for cases of F1 students being denied entry due to DV visa application, but can't find any. Anybody else has any suggestions/advice?

 

[dv2012dv]

Thanks dv2012dv! This is really frustrating me. I just can't seem to be able to decide. On the one hand, I want to get back asap so that my studies won't be interrupted. On the other hand, I am worried about the risk of being denied entry at the POE on my F1 visa. I have scoured the internet looking for cases of F1 students being denied entry due to DV visa application, but can't find any. Anybody else has any suggestions/advice?

If I were you, I wouldn't worry too much about re-entering on F1 at this point, but rather look forward to entering on a successful immigrant visa. If you have answered 'No' truthfully to questions 40,41 and 42 on DS230 Part II, and haven't violated your F-1 status in US, there is generally no reason why you won't be issued an immigrant visa (pending any administrative and medical clearance).

Btw, why will your medical clearance take 2 more months? It generally only takes a week at most, if all is well.

Again, I would focus on getting the scheduled interview done (do not postpone and risk losing a visa number).

At this point, I would risk interruption in classes for a few weeks in favor of the certainty of getting a green card. You can find ways to make up the missed classes/semester later.