I am currently a student in the US on an F-1 visa. I had learned from this and other forums that when I appear for DV interview in my home country, my F-1 visa will be annulled. That meant that if in case my DV visa application was denied, I would have to reapply for my F1 visa. I wrote to the embassy in my home country asking this and they emailed me back saying that my application for the diversity visa does not have any adverse effect on my student visa. This is very comforting to know because I would very much like to be able to continue my studies here regardless of the outcome of my DV visa interview. Just wanted to share this so that those in similar situations know about it.
F-1 visa and DV application
- Thread starter toyakumar
- Start date
LoveAmerica
Registered Users (C)
In theory with F-1 Visa you have to show no immigration intent, therefore you have to show you don't plan to reside in the USA. If you get denied the Visa then of course they will consider it as a immigration intent for future purposes since you were wanting to reside in the states from the interview.
However since you are in college I am pretty sure you have a high school diploma right? So you should be alright, I see no reason why they would deny you at an interview.
However since you are in college I am pretty sure you have a high school diploma right? So you should be alright, I see no reason why they would deny you at an interview.
If you have an F1 visa and go to school in the US, why do you go home for the Dv interview and not choose to do AOS, because if the AOS does not go through at least you are in US, but if you are denied at the interview at home, then you are stuck in your home country and making it really hard to come back to US.
LoveAmerica,
That's what I also came to understand after reading many forums. However, when I specifically asked the embassy if a history of having pursued a Diversity Visa adversely affects F1 visa application, they wrote back saying that applying for DV should not adversely affect F1 application. This seems confusing given what we know about the importance of non-immigrant intent on F1 application, but my thinking now is that you just have to be able to tell a convincing story. In my case, my intention is actually dual- to straddle my professional and personal time between my home country and USA- so I'd just tell them that if I had to reapply for my F1 visa. Also, this issue may be handled slightly differently by different embassies so if anybody is in doubt, the best thing to do is to write to the embassy in their home country.
Natta,
the reason I am doing CP and not AOS is that my case number is very high. Based on last year's cut off dates, my interview would be in September. Thankfully the numbers are moving faster this year (for Asia), so I'm expecting to have an interview in July or August.
That's what I also came to understand after reading many forums. However, when I specifically asked the embassy if a history of having pursued a Diversity Visa adversely affects F1 visa application, they wrote back saying that applying for DV should not adversely affect F1 application. This seems confusing given what we know about the importance of non-immigrant intent on F1 application, but my thinking now is that you just have to be able to tell a convincing story. In my case, my intention is actually dual- to straddle my professional and personal time between my home country and USA- so I'd just tell them that if I had to reapply for my F1 visa. Also, this issue may be handled slightly differently by different embassies so if anybody is in doubt, the best thing to do is to write to the embassy in their home country.
Natta,
the reason I am doing CP and not AOS is that my case number is very high. Based on last year's cut off dates, my interview would be in September. Thankfully the numbers are moving faster this year (for Asia), so I'm expecting to have an interview in July or August.
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Could you tell me how your number affected your decision to do CP and not AOS? i dont really understand that part.
Im on F-1 myself, but I had single entry. I am going back for my interview, and im very nervous. My number is 2011EU000247***. What do you think my chances are? im thinking of doing AOS so i dont have to risk being stuck back in my home country, but im afraid it might be too late, and that they wont be able to process AOS before Sept. 30th.
My interview is in late May. Please help with advice.
Thank you in advance!
Im on F-1 myself, but I had single entry. I am going back for my interview, and im very nervous. My number is 2011EU000247***. What do you think my chances are? im thinking of doing AOS so i dont have to risk being stuck back in my home country, but im afraid it might be too late, and that they wont be able to process AOS before Sept. 30th.
My interview is in late May. Please help with advice.
Thank you in advance!
Dabug,
Since your will be current in May, you will have 4+ months before time runs out at the end of September. I don't know how long the processing times are through the AOS route, but 4+ months sounds like a lot of time. Check the AOS threads for the latest info on that. I also heard that they move faster towards the end, so I'd be very surprised if they didn't get to you by the end of September. Again, follow the AOS threads closely and check out the discussions people had last year to get a sense of how long they take. Not to scare you but I read somewhere in this forum a while back that an F-1 student, who chose to do AOS processing and was denied, eventually got a deportation notice. The positions of the USCIS and the embassies regarding F-1 and DV are rather vague and there's a lot of handwaving in forums all over the web. The most common point that people raise is that F-1 visa is tied to a non-immigrant intent, so DV application can be construed as a clear breach of an important requirement of the F-1 status. My feeling based on the few emails I have exchanged with the embassy in my home country is that what people generally tend to think about the complications of F-1 and DV aren't 100% true. However, I have used the information I have gotten from them merely to get myself to stop worrying too much, and I am still not very clear myself whether my F-1 status will be in jeopardy if in case my petition is denied. The embassy told me my F-1 visa shouldn't be affected, but there may be other issues I have no way of getting clarifications on at this time. For instance, there's the issue of how the Customs agent will handle the case when I try to re-enter after an unsuccessful DV petition.
In short, my advice for a case like yours would be that if your record is clean, and you meet the education and sponsor requirements, there's no need to worry whether you do CP or AOS. What may happen if the interview is unsuccessful can drive you crazy because so much is at stake (especially if you are close to getting your degree) yet there's so little information on this, so you are better off getting that idea out of your mind for now. Just prepare well and you will be fine.
Since your will be current in May, you will have 4+ months before time runs out at the end of September. I don't know how long the processing times are through the AOS route, but 4+ months sounds like a lot of time. Check the AOS threads for the latest info on that. I also heard that they move faster towards the end, so I'd be very surprised if they didn't get to you by the end of September. Again, follow the AOS threads closely and check out the discussions people had last year to get a sense of how long they take. Not to scare you but I read somewhere in this forum a while back that an F-1 student, who chose to do AOS processing and was denied, eventually got a deportation notice. The positions of the USCIS and the embassies regarding F-1 and DV are rather vague and there's a lot of handwaving in forums all over the web. The most common point that people raise is that F-1 visa is tied to a non-immigrant intent, so DV application can be construed as a clear breach of an important requirement of the F-1 status. My feeling based on the few emails I have exchanged with the embassy in my home country is that what people generally tend to think about the complications of F-1 and DV aren't 100% true. However, I have used the information I have gotten from them merely to get myself to stop worrying too much, and I am still not very clear myself whether my F-1 status will be in jeopardy if in case my petition is denied. The embassy told me my F-1 visa shouldn't be affected, but there may be other issues I have no way of getting clarifications on at this time. For instance, there's the issue of how the Customs agent will handle the case when I try to re-enter after an unsuccessful DV petition.
In short, my advice for a case like yours would be that if your record is clean, and you meet the education and sponsor requirements, there's no need to worry whether you do CP or AOS. What may happen if the interview is unsuccessful can drive you crazy because so much is at stake (especially if you are close to getting your degree) yet there's so little information on this, so you are better off getting that idea out of your mind for now. Just prepare well and you will be fine.
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NuvF
Member
@toyakumar,
DO NOT rely on 'information' the consular 'info svc. ppl' provide. The law is clear. If you PAY for and face a DS-230 CP intvw you show imm. intent.
Sure, eDV application do not, but a DS 230 paid and signed at the embassy IS. (even sending it to KCC is NOT full intent, 'cos it is still not paid for nor signed in fron of a CO)
Re phrase your Q to the embassy and ask them.......if you pay for a DS 230 application, face intvw, and then if you are rejected.... will you be able to re apply for F1?... dont be surprised if you get a different answer.
In any case, the rule of thumb is, ONLY when a visa application is submitted with payment and signature, and when reveiwed by CO, then only s/he will apply the LAW (INA) what is applicable. All else what you here from emb.,KCC and from us here before hand are jut plain and simple INFO.!!!
Be informed and take a calculated risk. And there the rule of thumb is....if on F1 do CP if and only if your case is 'water tight'.
That, no one but you need to assess yourself for how tight it is!!
Best!
PS:
Most F1 DV CP cases in the past we heard only success stories. (but you may never hear about the failures)
Ppl were well informed on what they get on to. Main point you need to research well is how your home emb. (in general) handle DVs.
for eg. almost all W African posts are very busy and can get very complicated/delayed AP etc. when it gets to DV CP. So better do AoS than going there to do CP.
DO NOT rely on 'information' the consular 'info svc. ppl' provide. The law is clear. If you PAY for and face a DS-230 CP intvw you show imm. intent.
Sure, eDV application do not, but a DS 230 paid and signed at the embassy IS. (even sending it to KCC is NOT full intent, 'cos it is still not paid for nor signed in fron of a CO)
Re phrase your Q to the embassy and ask them.......if you pay for a DS 230 application, face intvw, and then if you are rejected.... will you be able to re apply for F1?... dont be surprised if you get a different answer.
In any case, the rule of thumb is, ONLY when a visa application is submitted with payment and signature, and when reveiwed by CO, then only s/he will apply the LAW (INA) what is applicable. All else what you here from emb.,KCC and from us here before hand are jut plain and simple INFO.!!!
Be informed and take a calculated risk. And there the rule of thumb is....if on F1 do CP if and only if your case is 'water tight'.
That, no one but you need to assess yourself for how tight it is!!
Best!
PS:
Most F1 DV CP cases in the past we heard only success stories. (but you may never hear about the failures)
Ppl were well informed on what they get on to. Main point you need to research well is how your home emb. (in general) handle DVs.
for eg. almost all W African posts are very busy and can get very complicated/delayed AP etc. when it gets to DV CP. So better do AoS than going there to do CP.
NuvF
Member
Get onto the AoS only forum and dig in, ALL you need to know are in there. You just need to spend some 'quality' time there.
If you say its lot of info that you cannot handle and need help big time from others...then you need to go see a lawyer spending some big money.
Best!
Thanks NuvF for the reply for yastin, because this was the exact answer I wanted to give, there is so much info on the AOS forum, I've been around for almoast a year in there and have seen us discuss everything in details.
samuel5028
Banned
DV Lottery is one of the fastest way of getting green card to USA. it is purely based on luck to get selected on it.
WOW! thank you so much for all that info! Im really very appreciative. I have already gotten my degree, and my visa is almost over. But i still have time to apply AOS.