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Trump’s New Executive Proclamation - Travel Suspension 2.0

CP is dead but AOS is still alive.
I am a student from Germany currently based in Germany. If I somehow manage to get an F1 visa. Is it possible to switch to AOS? Or is it illegal? Will my F1 visa already be denied?
 
CP is dead but AOS is still alive.
I am a student from Germany currently based in Germany. If I somehow manage to get an F1 visa. Is it possible to switch to AOS? Or is it illegal? Will my F1 visa already be denied?
If you have already summited ds-260, you already shown immigration intension. So, you might face hard time obtaining F1.
Even if you manage to get F1(which is an NIV), and start AoS immediately upon arrival(which you should, given the time left) then you violate your NIV( you can not use NIV to enter US with immigration intensions). This will make a red flag on your AoS application.
 
If you have already summited ds-260, you already shown immigration intension. So, you might face hard time obtaining F1.
Even if you manage to get F1(which is an NIV), and start AoS immediately upon arrival(which you should, given the time left) then you violate your NIV( you can not use NIV to enter US with immigration intensions). This will make a red flag on your AoS application.
You are supposed to wait at least 90 days since the moment you enter, right?

To obtain the F1 visa, if you have not submitted the DS260 is it also hard to prove you do not have immigrant intent? Can just the selection (habing been selected) be enough of a reason to be denied under the assumption that you will adjust status once you are in the country?
 
You are supposed to wait at least 90 days since the moment you enter, right?
Yeah, that's 90 days rule.

Can just the selection (habing been selected) be enough of a reason to be denied under the assumption that you will adjust status once you are in the country?
Not sure about this one, but during the F1 interview of one of my friends, she was congratulated on Dv selection by the IO and still approved F1.
 
Yeah, that's 90 days rule.
Is it an official rule? Do you have a link?

EDIT: Just found it here: Link
It's a guidance and not a strict rule.

EDIT 2: Just found another Link which explains the rule in simple terms.

Not sure about this one, but during the F1 interview of one of my friends, she was congratulated on Dv selection by the IO and still approved F1.
This proves that it's possible to get an NIV while showing immigration intent.
 
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Whole family.

There is certainly some confusion about what is allowed, but given the embassy closures and the fact that it is early for expiring cases, there have not been that many cases to establish a pattern.
It could have something to do with the embassy's ability/policy with regards to processing applications remotely?
Sydney consulate has stated they can reissue visas via mail, but did not directly address the EO when asked.
 
This proves that it's possible to get an NIV while showing immigration intent.
I'm not sure getting selected will consider as an immigration intension compared to filled ds-260. But I don't know what kind of questions IO asked her and how she replied.
 
Okay I haven't seen anyone with quite the same case, but I know someone who had an interview already scheduled for April 1st, until the ban came around. Does anyone have any insights as to whether this case would be different from others who aren't scheduled yet?
 
It could have something to do with the embassy's ability/policy with regards to processing applications remotely?
Sydney consulate has stated they can reissue visas via mail, but did not directly address the EO when asked.

More likely just not well organized. It's a new thing, after all.
 
Okay I haven't seen anyone with quite the same case, but I know someone who had an interview already scheduled for April 1st, until the ban came around. Does anyone have any insights as to whether this case would be different from others who aren't scheduled yet?

Same as all the other cases. Affected by the ban.
 
Also notice how the state department says this affects dv 2020 "with some exceptions" Curious as to what those exceptions may be.
 

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Also notice how the state department says this affects dv 2020 "with some exceptions" Curious as to what those exceptions may be.

DV AOS cases are the most obvious exception - along with people already holding DV based immigrant visas.
 
one advantage of my interview being cancelled the day before it was scheduled is IF the lawsuit is successful and IF the embassy's open i have a chance of being interviewed. I was probably close to being the first person to be cancelled in Oceania...
 
Not sure if this is better here or in the DV2021 threads, but...

Currently in the US on E-3, DV2021 selected OC3xx. Although I could AOS, I was considering CP on the grounds it might be cleaner.

Reading the Proclamation, it would seem I am not affected by it based on Section 3 which states only people that were "outside the United States on the effective date of this proclamation" are affected, which I was not - and that would still be the case even if I left the country.

Is that reading correct? How likely is it that my application could be processed, or would it just be blocked along with all of the others for CP?
 
Not sure if this is better here or in the DV2021 threads, but...

Currently in the US on E-3, DV2021 selected OC3xx. Although I could AOS, I was considering CP on the grounds it might be cleaner.

Reading the Proclamation, it would seem I am not affected by it based on Section 3 which states only people that were "outside the United States on the effective date of this proclamation" are affected, which I was not - and that would still be the case even if I left the country.

Is that reading correct? How likely is it that my application could be processed, or would it just be blocked along with all of the others for CP?
There have been some opinions proffered that your technical reading is correct.
There is also some scepticism on the part of some of us that KCC will schedule any DV interviews during the ban, though technically they should make the exceptions. Obviously no one has any experience trying one way or the other yet.
I’d suggest that with a relatively low OC number, you have options even if they won’t schedule you as an exception - whether doing AOS (if your number becomes current in the first quarter of the fiscal year) or waiting to see if the ban expires and doing CP relatively early next calendar year.
 
You are supposed to wait at least 90 days since the moment you enter, right?

To obtain the F1 visa, if you have not submitted the DS260 is it also hard to prove you do not have immigrant intent? Can just the selection (habing been selected) be enough of a reason to be denied under the assumption that you will adjust status once you are in the country?

I’m an F-1 student since 2016. Have gotten my visa renewed 3 times already. I got selected for DV 2020 before I arrived in my country to renew my last visa. Nobody brought up DV selection, nor it has any impact. The fact that you are selected means nothing. If you on the other hand have filled DS-260 before attending your visa interview, then issues might occur. Don’t stress about it. Usually F-1 visas are not a hurdle if you have been accepted to a good school, and potentially they might ask who will cover your expenses and maybe ask for financial evidence. In my case, they never even asked for that.
Also when you file tax forms as an international student in the US, there is a question asking if you have intention to become a permanent resident. In the form, applying for the dv green card lottery does not count as an immigrant intent.
 
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