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F-1 visa owner applying for DV

I

inanc

New Member
hi everyone, I'm an unergrad student in a uni. in the USA. can I apply for green card? Does it have any risk? (like not getting being able to get work permit)
Thanks
inanc
 
You can always apply for DV, even if you are illegally in US. It will not jepardise your current visa, it can only help you.
 
Forgot to say one thing: it will help you, if you win. If you don't, you will just continue to be on F-1 and that's it. That's exactly what I did, and after the third application for Diversity Lottery, I've got it.
 
Just be in status, go to school as usual, and if you get the green card, you can go through the adjustment in US and no problem.
 
F1 application for DV; AOS...

Hi everyone, I am gonna aplly for AOS very soon, I am a F1 visa holder;
So, as far as I understand from your words, if my AOS application is denied or rejected (God save!!), I will maintain my current F1 visa status;
am I right??
 
wonderer said:
Hi everyone, I am gonna aplly for AOS very soon, I am a F1 visa holder;
So, as far as I understand from your words, if my AOS application is denied or rejected (God save!!), I will maintain my current F1 visa status;
am I right??
Click to expand...

I am not sure what u mean by AOS, or how you are going to establish your AOS. I assume that you want to file DV, and may be you mean if it gets rejected, but DV is not about accepted or rejected thing. Its all about winning, if you win, you are lucky or otherwise you can give another shot next year. In case of denial, which I would like to call "could not win", it wont do any harm for your F1 status.
 
Indira seems to misunderstand the whole situation with DV lottery.... Even if you win, you may get a denial of an immigrant visa or adjustment of status.

If you are in F-1 status and you file for AOS, do not file for a work permit and do not get an advance parole. Maintain full-time enrollment and do not work off campus. If your application for AOS is rejected, you have a chance to fall back on your F-1 status, if you didn't violate it. However, since you demostrated immigrant intent, you will not be able to get another F-1 visa if you travel abroad.
 
LucyMO said:
Indira seems to misunderstand the whole situation with DV lottery.... Even if you win, you may get a denial of an immigrant visa or adjustment of status.

If you are in F-1 status and you file for AOS, do not file for a work permit and do not get an advance parole. Maintain full-time enrollment and do not work off campus. If your application for AOS is rejected, you have a chance to fall back on your F-1 status, if you didn't violate it. However, since you demostrated immigrant intent, you will not be able to get another F-1 visa if you travel abroad.
Click to expand...

LucyMO seems to be correcting me here. I came to US in F1 visa and I can file DV too. Some of my friends who filed their DV and won it while on F1 got their GC without any problems. If you don't win the lottory, then u are maintaining your F1 without any problems.

Now that you are asking question about AOS in DV thread, thats where I got confused. LucyMO second para is right about AOS.
 
A lot of people get rejected during the interview and a lot of people's case numbers are so high, they never become current, people never even get an interview, so the fact that you may have won the lottery doesn't guarantee a GC.

Now, if you filed an application in a DV lottery, and didn't win - you are still in F-1 status and you didn't show immigrant intent.

If you won, but didn't file the immigrant visa petition, you are still in F-1 status and you didn't show immigrant intent.

If you won and filed the immigrant visa petition, then you showed an immigrant intent, and if you don't get adjusted/get an immigrant visa, your chances of ever getting a non-immigrant visa are slim to none.

If you won, were in the States legally in F1, J1, H1 status (or similar) and applied for an adjustment of status, but didn't get an AOS work permit and an advance parole, THEN there is a gray area of you being able to fall back on your non-immigrant status if you don't get adjusted. A good lawyer would probably help get you "reinstated".
 
What if you filed for DV, but are out of F-1 status less then 180 days? Can an officer deny your AOS application based on your F-1 out of status?
 
If you had legal F-1 status when you applied for AOS, you should be OK
even if you are out of status now.

Regarding H1 stuff that LucyMo mentions, H1 is actually a dual (immigration
or non-immigration) intent visa. So even if AOS or CP is denied, you are
OK.
 
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