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Travelling abroad after submitting DSP-230

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toyakumar

Registered Users (C)
Travelling abroad after submitting DS-230

Hello all,

I am a fortunate winner of the DV lottery for 2011 but an unfortunate winner in the sense that my case number is very high (AS00033xxx). I am currently in F1 status and am enrolled at a PhD program. After much deliberation as to whether I should pursue it further, I finally decided to go ahead and mailed the DS-230 forms to KCC two weeks ago. I called them 2 days ago to confirm they got it and they said it hasn't been added to the system yet and that it could take up to 4 weeks after they receive the letter. I was browsing through some online forums today and was dismayed to find out that traveling out of the US after I submit the DS-230, which is essentially a petition for permanent residency, is very risky. I read that I might be denied entry when I return on the grounds that I have applied for permanent residency. The problem here is that I have been planning to go back to my country in January for an extremely important visit. My case number will most likely be current in September 2011 and it would really suck for me if I couldn't get out of the country until then.

Do you think it is possible to call KCC and have them cancel my application for now so that I can first travel in january and then re-submit the DS-230 forms? Has anybody been in such scenarios before and managed to travel without any bad consequences? Is it possible to get some kind of advanced parole (like the one you could get if you were doing AOS)? Please share your stories and if you have any advice, insights on what I could do to travel without screwing up my F1 visa and chances of successful re-entry in January, I'd be eternally thankful!
 
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You have already demonstrated your immigrant intent by filing , F1 Visa does not allow immigrant intent and it will be a issue at POE if they find out.
I don't think you are allowed to take a filed paperwork back and file it at a later time. If I were you I will stay put in US, even though its a high number but you just never know.
 
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You mean DSP 122? Even if you sent DS 230, it has no validity if you meant to do AoS.

Immigrant intent is demonstrated ONLY if you Send in i-485 , signed & with fees. OR Pay at embassy for DS 230 and sign it. (also i-130, i-140 etc. petitions filed with payments)

Playing DV or notified as a winner and sending DSP 122 is NO effective immigrant intent.

Get lawyer advice if yo need to. But if your F1 and i-20 is good for travel, do it BEFORE submitting i-485 with fees.
No need to disclose about DV at PoE.

DSP-122 is just for info purpose for KCC/DoS.
DS 230 get into system only if paid and signed infront of a CO.
i-485 get effective with sign and fees.

So, there is nothing in the SYSTEM....yet !

Best !
 
Thanks NuvF and namecheckvictim.

namecheckvictim, although I hope you are not right, I do appreciate your taking the time to share what you think/know. NuvF, your response made me feel much better, as there seems to be a dearth of information on this issue online. I sent DSP-122 and DS-230 along with two photographs to KCC with the intent of doing CP, not AoS. I didn't send I-485 or any fees. My plan is to travel back to my home country for the interview once my case number becomes current, hopefully by September 2011. As required, I submitted the DS-230 unsigned. And yes, my F1 visa, passport, and I-20 are all valid for travel. I will try to get advice from a lawyer, but if anybody else has any advice/experience on this, I would greatly appreciate it. Thanks again, guys.
 
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toyakumar said:
Thanks NuvF and namecheckvictim.

namecheckvictim, although I hope you are not right, I do appreciate your taking the time to share what you think/know. NuvF, your response made me feel much better, as there seems to be a dearth of information on this issue online. I sent DSP-122 and DS-230 along with two photographs to KCC with the intent of doing CP, not AoS. I didn't send I-485 or any fees. My plan is to travel back to my home country for the interview once my case number becomes current, hopefully by September 2011. As required, I submitted the DS-230 unsigned. And yes, my F1 visa, passport, and I-20 are all valid for travel. I will try to get advice from a lawyer, but if anybody else has any advice/experience on this, I would greatly appreciate it. Thanks again, guys.
Click to expand...

You are welcome !

Careful if you need to spit out money to lawyers. Many in USA are not aware/informed of DV rules and procedures.

Try get by with their no fee initial consultancy sessions.

As far as I know, you are good to go and come. You have NOT legally or technically demonstrated imm. intent...yet!

Best!
 
Just called KCC and they told me it may be a few months before my application is processed and put in the system. So there is a chance I won't be "in the system" when I travel in January, but will need to check with them again in a month or two.
 
NuvF said:
You mean DSP 122? Even if you sent DS 230, it has no validity if you meant to do AoS.

Immigrant intent is demonstrated ONLY if you Send in i-485 , signed & with fees. OR Pay at embassy for DS 230 and sign it. (also i-130, i-140 etc. petitions filed with payments)

Playing DV or notified as a winner and sending DSP 122 is NO effective immigrant intent.

Get lawyer advice if yo need to. But if your F1 and i-20 is good for travel, do it BEFORE submitting i-485 with fees.
No need to disclose about DV at PoE.

DSP-122 is just for info purpose for KCC/DoS.
DS 230 get into system only if paid and signed infront of a CO.
i-485 get effective with sign and fees.

So, there is nothing in the SYSTEM....yet !

Best !
Click to expand...

Its funny how you say DS-230 does not show immigrant intent. Do yourself a favor and see for yourself it is a form for the application to obtain immigrant visa, and he has signed it and send it to them already.
If that does not show immigrant intent then i don't know what to tell you. You are however right that merely applying for DV and winning it does not show immigrant intent.
When it gets put into the system is taking too much of a risk, if the IO asks him if he had send anything back to KCC when he tries to re-enter whether in the system or not obviously he will have to tell them the truth, because we can only speculate all we want but i am sure one phone call to DOS from CBP is all its gonna take for them to deny entry into US whether its in the system or not when he re-enters.
It will to be too risky for him to go, but if he really wants to and want to take his chances go right ahead.
 
namecheckvictim, I see your point, but the DS-230 is submitted without signing it. I am supposed to sign it in front of the consular when I appear for an interview. However, I am not sure what the implications of submitting an unsigned vs. signed forms are.

Also, of the many times I have re-entered the country the past few years, I have never been asked if I have applied for DV lottery or have taken any steps towards permanent residency at the port of entry. Would there be a flag in my profile that would prompt the PoE officer to ask me this time?

Also, you said- "i am sure one phone call to DOS from CBP is all its gonna take for them to deny entry into US whether its in the system or not when he re-enters." Do you mean even if KCC might not have my petition in their system yet, the CBP can still find out that I sent DS-230 to KCC?

Thanks for your input!
 
toyakumar said:
namecheckvictim, I see your point, but the DS-230 is submitted without signing it. I am supposed to sign it in front of the consular when I appear for an interview. However, I am not sure what the implications of submitting an unsigned vs. signed forms are.

Also, of the many times I have re-entered the country the past few years, I have never been asked if I have applied for DV lottery or have taken any steps towards permanent residency at the port of entry. Would there be a flag in my profile that would prompt the PoE officer to ask me this time?

Also, you said- "i am sure one phone call to DOS from CBP is all its gonna take for them to deny entry into US whether its in the system or not when he re-enters." Do you mean even if KCC might not have my petition in their system yet, the CBP can still find out that I sent DS-230 to KCC?

Thanks for your input!
Click to expand...

What i meant was that maybe the whole information might not be in the system yet but when things are recieved in KCC's mailroom they get logged by form numbers, so they can still see a DS-230 has been recieved as soon as it is recieved by them, is been put into the system by different folks as mail room just enters basic information, scan them and log them in.

There are two parts of form DS-230 one is signed and the other one is signed in front of a CO and he/she then notarize it at the time of interview.
You were never asked before because you never won the DV before at POE. It all depends on the IO at POE, if you get one thats is not immigrant friendly than you are doomed otherwise it might not even be a issue.

No matter what you would do, but if you decide to go don't ever fly into Philly, they definitely have some nasty officers there.
 
Oh boy, looks like I have gotten myself into a mess then. If I had known that submission of the DS 230 and DSP 122 would have indicated my immigration intent, I would most likely have never sent it given my high case number (AS33xxx) because even if I never get an interview, I am still in trouble...I probably won't be able to travel until I finish my PhD...worst case scenario- I may get deported...is this right? This sounds crazy...wow...
 
No not really, if incase you turn out to be the unlucky one then this DS-230 will become null and void after sept 2011. Besides you can get L-1 or H-1 which both allow immigrant intent.
F-1's are risky, my own cousin going to OSU had a valid I-20 but a expired F-1 on the passport thought he can go home and get a new one stamped, big mistake, he should have gone to Canada to get a new F-1 but he went back home and those guy back home are very unpredictable they refused the visa, his apartment his car most importanly his degree, everything was here and this happened, I had to go take care of his apartment, car and few other things but he was not able to come back.
I just want you to be safe then sorry.
 
Sorry to hear about your cousin's unfortunate visa problem. Had he pursued an immigrant visa application before the F1 renewal interview (it's ok if you don't want to answer, I understand)? I've read that consulars are encouraged to allow students to return to their universities to continue their education after travel to their home country, so that's really unfortunate.

Anyway, thanks a lot for your input. I will try to get in touch with a lawyer and also keep my fingers crossed that I get an interview...
 
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I have the same question. My case though is different because I am on a H1B visa and I have already shownn intention to immigrate (I have started a parent -based petition but the bulletin has been so slow.. luckily the lottery came at the right moment!).

I am pretty positive I can have both state, temp worker and immigrant intent, under the H1B so sending off the DSP122 should not be a problem, btu I want to be double sure.
thanks
 
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