E-3 to Green Card Lottery Winner Q.

[PhilR]

Hi all,

I am currently on an E3 visa (non-immigrant non dual intent). I was selected for the GC lottery today in the low numbers (based off previous years calculations I should become current in Nov or Dec at the latest). I'm trying to decide between going down the Adjustment of Status (AoS) or Consulate Process (CP) route. Please let me know if my understanding is correct.

If I do AoS and get rejected for whatever reason, I will then have violated my E3 non dual intent status and have my visa revoked. (Could I get rejected on the very fact that my visa is not dual intent?)

If I do CP and get rejected, that doesn't necessarily destroy my E3 status (but it could).

I'd prefer to go the quickest route possible which sounds like the CP (I'm okay with flying back to Australia). Am I able to opt for the CP route, schedule the interview and then fly back to Australia a few days before the interview? I read that you should receive your passport back in about a week or so after the interview. Does this mean I can essentially just spend one week in Australia and head straight back to the US?

With AoS am I able to continue working all the way up to my interview? Then how long after the interview will I be able to start working again (given I have submitted the form needed for this).

Pretty much I'm trying to determine which option allows me to take the least time off work and gives me the greatest chance of success given my non dual intent E3 status.

Any help would be greatly appreciated. Thanks in advance.

 

[Sm1smom]

1. No and no. Your understanding is wrong. And no, you don’t get rejected for not being on a dual intent visa status.
2.Againg not correct. Processing an immigrant petition doesn’t automatically void an existing NIV, but it makes it difficult to apply for a new NIV since an immigrant intent has been displayed.
3. CP will take more than a few days. You’ll need to give yourself a couple of weeks at least IMO - you need enough time to complete the medical exam, conduct the interview and get your passport back. When you get your passport depends on how long it takes to issue the visa based on what your background check reveals.
4. You continue working, AOS doesn’t stop you from your current work at any point in time.

There’s a spreadsheet which has a step by step guide for the AOS process. It also has a section with the pros and cons of both CP and AOS. I will leave the link below. I suggest you go over it. Post subsequent AOS related questions on the 2019 AOS thread if you decide to go AOS route.

Congratulations and best of luck!
https://forums.immigration.com/threads/dv-2019-aos-only.337772/

p.s.
Do number your questions when posting multiple questions in a specific post. It makes relating the answers to the questions easier.