Ability to travel after filing DS-260

[brill 0]

I am studying in the US on an F1 visa and was selected in the DV-2015 lottery. If I opt to apply for a green card via consular processing and submit the DS-260 how will this affect my F1 standing? Would I be able to travel out of the US to attend a conference and return without problems? If I am unsuccessful in getting the green card will my F1 visa be cancelled?

[Sm1smom 242]

I am studying in the US on an F1 visa and was selected in the DV-2015 lottery. If I opt to apply for a green card via consular processing and submit the DS-260 how will this affect my F1 standing? Would I be able to travel out of the US to attend a conference and return without problems? If I am unsuccessful in getting the green card will my F1 visa be cancelled?

You may not be able to get back into the US on your F1 visa if you leave after submitting DS-260 which is you outrightly declaring your immigration intent. F1 visa is not a dual intent visa, requesting to be let back into the US on that visa is telling them at the POE that you have no immigrant intent.

[brill 0]

Thanks Sm1smom. Do you think filing a Form I-131 for a re-entry permit would help? Does anyone know if there is a way around this?

[Sm1smom 242]

Depending on your CN, you can hold off on submitting the DS-260 until after your trip, and that is assuming you F1 visa is a multi-entry visa - that's something some people often overlook.You're not eligible to file an I-131 in your current visa status.

[brill 0]

Thanks again. Maybe I should consider trying via AOS. In that regard you had posted a link to a spreadsheet on another site that no longer appears to be available. Any chance you might be able to provide it? It looked to have really useful info about AOS.

[Sm1smom 242]

Thanks again. Maybe I should consider trying via AOS. In that regard you had posted a link to a spreadsheet on another site that no longer appears to be available. Any chance you might be able to provide it? It looked to have really useful info about AOS.

Even you you decide to do AOS and you travel out after sbmitting DS 260 but before filing your I-485, you are likely to still face the possibility of a denial. The only scenario in which you may not have re-entry problem is if you decide on doing AOS, you submit you DS form and file your I-485 when your CN is current (you will have the opportunity for filing I-131) and the I-131 is processed by USCIS, then you can use the AP card to travel. But even that is not without some risk. If you travel out and return with an AP card, you will no longer be in F1 status, your new status will be known as adjustment pending, and if for some reasons your AOS is denied, you will not be able to revert back to your F1 status as that status has been rendered void by your use of the AP card.

Regarding the AOS spreadsheet, I've re-posted on the new forum which replaces the old down that is currently down. Go back to the old one and you will see the link to the new forum.

[brill 0]

Sorry to be dragging this out, but from your response I take it that even if I opt for AOS I still have to submit the DS-260. I was thinking that I would have to submit just the I-485 when my CN is current. Your help is appreciated.

[Britsimon 18]

Sorry to be dragging this out, but from your response I take it that even if I opt for AOS I still have to submit the DS-260. I was thinking that I would have to submit just the I-485 when my CN is current. Your help is appreciated.

The process has changed this year - previously CP applicants had to complete the 122 and 230 forms, whilst aos would only complete the 122 form (paper based). On submission of the 122 form, KCC would send an acknowledgement of the applicants intention to do aos and that notice was included in the I485 pack for aos (when announced as being current).

However, the 260 online form is new this year - and no one has definitive information on how the 260 will replace the 122 or whether the notice from KCC is still important. However, the soonest ANYONE can start AOS for DV2015 is around August 2014 (and only then with a very low case number) so there is time for us to figure this out. So, relax, take a chair and be patient.

[brill 0]

You may not be able to get back into the US on your F1 visa if you leave after submitting DS-260 which is you outrightly declaring your immigration intent. F1 visa is not a dual intent visa, requesting to be let back into the US on that visa is telling them at the POE that you have no immigrant intent.

I emailed the US Embassy in my home country and asked them if I would be able to re-enter the US on my F1 visa if after submitting DS-260 I need to travel out of the US and their response was "your F1 visa will not be cancelled unless the immigrant visa is issued, therefore you will still be able to use the visa to travel as long as you are still enrolled in your education program". I really don't know if that is answering my specific question and my experience so far has been that none of the government agencies have provided definitive and specific answers to specific questions. In fact I asked the embassy if DS-260 is required when applying for AOS and they advised that I should call USCIS.in the US.

[adinutzyc21 2]

I would hold off submitting your DS260 (actually, that's exactly what I'm doing), but depending on your case I guess you might have to submit it if your number is likely to become current. In other words, if your number is high enough, you could plausibly hold back from submitting the form before you come back..

[alex88 3]

And having a pending DV can I enter the us with an esta?

[SusieQQQ 11,584]

And having a pending DV can I enter the us with an esta?

Yes, as long as it is a short trip and you will return to your home country, and not hang around to file adjustment of status. (In other words, ESTA/VWP is for those entering with non-immigrant intent. You may want to ensure you have some kind of proof with you eg from employer that you will in fact return home after this trip.)

[alex88 3]

Yes, as long as it is a short trip and you will return to your home country, and not hang around to file adjustment of status. (In other words, ESTA/VWP is for those entering with non-immigrant intent. You may want to ensure you have some kind of proof with you eg from employer that you will in fact return home after this trip.)

Gotcha! Thanks SusieQQQ

[Sm1smom 242]

Sorry to be dragging this out, but from your response I take it that even if I opt for AOS I still have to submit the DS-260. I was thinking that I would have to submit just the I-485 when my CN is current. Your help is appreciated.

Yes, you're still required to submit DS-260, that is the only means of verifying to KCC that you plan on processing your selection.

[Sm1smom 242]

I emailed the US Embassy in my home country and asked them if I would be able to re-enter the US on my F1 visa if after submitting DS-260 I need to travel out of the US and their response was "your F1 visa will not be cancelled unless the immigrant visa is issued, therefore you will still be able to use the visa to travel as long as you are still enrolled in your education program". I really don't know if that is answering my specific question and my experience so far has been that none of the government agencies have provided definitive and specific answers to specific questions. In fact I asked the embassy if DS-260 is required when applying for AOS and they advised that I should call USCIS.in the US.

Yes your F1 visa will not be cancelled but having a valid visa does not guarantee re-admission into the US on a NIV once an immigrant intent has been declared. Admission is at the DISCRETION of the US CBP (customs and border patrol) officer.