DV 2016 AOS from F-1 while on OPT, advice required

[AMS94 0]

Dear Forum Members, am looking for advice on how to proceed with my Adjustment of Status...

Am currently living in NYC, on F1 visa. Expect to graduate in July then will start one year OPT in August 2015...

I was selected in the DV 2016 lottery, and have submitted my DS-260, and next step is to "go and meet an Immigration Officer at USCIS in NYC"...

Have done a lot of research, and understand that it would be an "Adjustment of Status" procedure that I would follow.

I have scheduled an initial meeting at USCIS on June 1 (next Monday) but don't know exactly what to expect. I am following the procedure at:

http://travel.state.gov/content/visas/english/immigrate/diversity-visa/instructions-for-selectees/adjustment.html

I have my education records (high school diploma), WES-equivalent certification for GPA, birth certificate (certified copy), my lottery advice letter, DS 260 submission receipt. I will go to the USCIS office in NYC and show them these documents and ask about what to do next...

My questions are:

- what should I expect at this initial meeting?

- what should I try to achieve in this initial meeting?

- do I need to bring more documents, or any other required materials?

- do I need legal advice or should I engage legal counsel BEFORE even this first meeting?

I do not expect this is an actual interview, but rather an initial "screening" step, or just a chance for me to confirm with USCIS that I have everything I need to proceed.

My rank (in Oceania) is 815.

I would appreciate any advice!

Thank You

Adam

Edited May 25, 2015 by AMS94

[SusieQQQ 11,586]

DV2016 does not start until October, and your number will not be current until some months later. So I doubt you will achieve anything much at this meeting, but maybe the officer will help confirm the path to follow. Unless you have some complication there is little point engaging an attorney. Better to check an active DV AOS information thread at http://forums.immigration.com/threads/dv-2016-aos-only.326148/which has some detailed info on how to approach it. Make sure you read the spreadsheet with details on how to proceed.

Bear in mind you will need to remain in status all the time until your number is current to be able to successfully adjust status.

Edited May 25, 2015 by SusieQQQ

[AMS94 0]

thanks SusieQQQ; a quick update:

I did go to USCIS Field Office in New York where I live, but they were not so helpful...I left with the impression that I could go ahead and submit my application NOW, but from all my reading, I don't see how that is possible? I.e. need to wait until my case number becomes current on the bulletin (I am #815 in Oceania)...

I am trying to go back and ask them again more specifically about when to start the I-485 application/submission, but appreciate any further advice.

Also on your comment about "Bear in mind you will need to remain in status all the time until your number is current to be able to successfully adjust status" - I am graduating next week (yeah)...and am going home to Australia for 2 weeks. My OPT application is submitted and I have the "notice of submission" - form I-765 receipt notice (Form I-797) and when in Australia I will renew my F-1 student visa. Assume this in no way compromises my ability to proceed with change of status later in the year/early next year? I have always been "in status" and have returned home a few times since I started my course and every time I have had to go the local consulate at home and get my F-1 student visa renewed (with accompanying I-20)...

Appreciate any advice!

Thank You

[SusieQQQ 11,586]

thanks SusieQQQ; a quick update:

I did go to USCIS Field Office in New York where I live, but they were not so helpful...I left with the impression that I could go ahead and submit my application NOW, but from all my reading, I don't see how that is possible? I.e. need to wait until my case number becomes current on the bulletin (I am #815 in Oceania)...

I am trying to go back and ask them again more specifically about when to start the I-485 application/submission, but appreciate any further advice.

Also on your comment about "Bear in mind you will need to remain in status all the time until your number is current to be able to successfully adjust status" - I am graduating next week (yeah)...and am going home to Australia for 2 weeks. My OPT application is submitted and I have the "notice of submission" - form I-765 receipt notice (Form I-797) and when in Australia I will renew my F-1 student visa. Assume this in no way compromises my ability to proceed with change of status later in the year/early next year? I have always been "in status" and have returned home a few times since I started my course and every time I have had to go the local consulate at home and get my F-1 student visa renewed (with accompanying I-20)...

Appreciate any advice!

Thank You

If by submit application you mean send the AOS package to the Chicago lockbox, you can't do that before your number is current.

As for the other bit, I don't know enough about that. Hoping @sm1smom drops by as she knows about that stuff... From what I know you technically can't renew your F1 non-immigrant visa again, as by submitting your DS260 you have indicated intent to immigrate; and you are not supposed to enter on a F1 with intent to adjust status. I'm not sure if there are ways around this.

Edited June 20, 2015 by SusieQQQ

[AMS94 0]

thanks SusieQQQ - now I'm worried...my flight is scheduled for next Saturday and I don't want to put my greencard in jeopardy. I've also registered on that forum but have an issue where I can't post anything - is there any other way to get her advice?

really appreciate your help!

thank you

[SusieQQQ 11,586]

thanks SusieQQQ - now I'm worried...my flight is scheduled for next Saturday and I don't want to put my greencard in jeopardy. I've also registered on that forum but have an issue where I can't post anything - is there any other way to get her advice?

really appreciate your help!

thank you

I'll message her and let her know her help is needed

[AMS94 0]

Thanks so much!

[Sm1smom 253]

thanks SusieQQQ; a quick update:

I did go to USCIS Field Office in New York where I live, but they were not so helpful...I left with the impression that I could go ahead and submit my application NOW, but from all my reading, I don't see how that is possible? I.e. need to wait until my case number becomes current on the bulletin (I am #815 in Oceania)...

I am trying to go back and ask them again more specifically about when to start the I-485 application/submission, but appreciate any further advice.

Also on your comment about "Bear in mind you will need to remain in status all the time until your number is current to be able to successfully adjust status" - I am graduating next week (yeah)...and am going home to Australia for 2 weeks. My OPT application is submitted and I have the "notice of submission" - form I-765 receipt notice (Form I-797) and when in Australia I will renew my F-1 student visa. Assume this in no way compromises my ability to proceed with change of status later in the year/early next year? I have always been "in status" and have returned home a few times since I started my course and every time I have had to go the local consulate at home and get my F-1 student visa renewed (with accompanying I-20)...

Appreciate any advice!

Thank You

The possibility of getting accurate instructions/directions from an INFOPASS regarding the DV AOS process is slim to none. Some people have returned from such a visit more frustrated than before they went. You're more likely to get better guidance from the forum Susie referenced earlier on, so I will suggest you give the forum another shot. Not sure why you weren't able to post, have you tried registering an account using Gmail? I know this has solved the problem for other people in the past who had problems registering there.

Now, regarding the issue of going home and applying for a new F1 visa to enable you re-enter the U.S., I believe Susie raised a very valid point. The possibility of the visa being approved is 50/50. You've already demonstrated an immigrant intent with the submission of your DS-260 form, the F1 visa is not a dual intent visa and you're not supposed to have preconceived immigrant intent when you apply for it. There's the possibility of the visa being approved of course, but be aware of the possibility of being accused of misrepresentation at the time of your AOS interview. The IO could possibly state you already preconceived immigrant intent which was fraudulently misrepresented when you applied for the F1 visa. It's a different ball game if you already had an approved F1 visa and would basically be re-admission from the POE.

[AMS94 0]

Hmmm. This is a difficult and really unintended situation to be in.

I am already in the U.S. (now) on an approved F1 visa- linked to my studies and I have a new I-20 issued from my School in line with moving onto OPT and I'm following that process to the letter. My start of emoyment date is set for early August and my OPT application is in process...

I plan to go to home for a short holiday and already have an appointment set at the U.S. Consulate in Melbourne and will have all of the correct paperwork to get my F1 renewed...and when I scheduled that interview I was NOT aware of my DV2016 winning status...(scheduled the interview back in April).

So, now - I guess I need to decide whether I should travel home....

When the interview was set up (for the F1 renewal I certainly had NO intention of coming back for immigration ! It was (is) to get back and do my one year OPT.

Would appreciate any more advice as I am keen go home (have not been home for over a year) and I did a lot of research to establish it would be perfectly fine to go home as OPT-pending, with all the right paper work (I-20 etc).

This really is a complicated but unintended consequence from winning !

Help

[Biggie 0]

I would sacrifice not going back home for another year for the sake of the green card but alas your choice. What is important to you? Too many variables in going home l think.

[AMS94 0]

Perhaps another "wrinkle" or consideration ? - my current F1 visa expires in line with my studies which finish this week...of course I have already submitted for OPT (back in April) and have my receipt and updated I-20 (from my school). Updated I-20 is based on completing 1 year of OPT with a start of employment date set to Aug 10th 2015 (which gave me a break between end of study and start of work)...

So, in one sense I always had to get my F1 renewed. And before knowing about my DV lottery win, I planned a trip home before returning to the USA with a renewed F1 to do my OPT year...

Am still in 2 minds about whether to travel home (on Saturday)...

I spoke with my school registrar and they advised calling USCIS with my OPT case number and explaining what had happened and seeking their advice about travelling home.

Any further help from anyone would be greatly appreciated!

Thanks

[SusieQQQ 11,586]

Perhaps another "wrinkle" or consideration ? - my current F1 visa expires in line with my studies which finish this week...of course I have already submitted for OPT (back in April) and have my receipt and updated I-20 (from my school). Updated I-20 is based on completing 1 year of OPT with a start of employment date set to Aug 10th 2015 (which gave me a break between end of study and start of work)...

So, in one sense I always had to get my F1 renewed. And before knowing about my DV lottery win, I planned a trip home before returning to the USA with a renewed F1 to do my OPT year...

Am still in 2 minds about whether to travel home (on Saturday)...

I spoke with my school registrar and they advised calling USCIS with my OPT case number and explaining what had happened and seeking their advice about travelling home.

Any further help from anyone would be greatly appreciated!

Thanks

Tbh I'm not sure anything in this post changes the conclusions you got earlier. The fact remains that you are intending to apply for a non-immigrant visa while you have, and have openly expressed and I assume will truthfully answer about, immigrant intent. You face the risk of either getting the F1 refused or facing a problem further down the line if you ever try get citizenship. What wil you do if the F1 is refused by the way?

[SusieQQQ 11,586]

FYI. I'd be pretty sure this is what would happen to you at your visa for an F1, which is a non-immigrant and non-dual intent visa:

What does a visa denial under INA section 214(b) mean?

This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214(b), it means that you:

• Did not sufficiently demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for; and/or
• Did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay.

So what would you do if you are denied an F1 visa? Stay in Australia and wait for your number to be current so you can do consular processing?

Edited June 25, 2015 by SusieQQQ

[AMS94 0]

without meaning to be controversial, I also used the "Ask a Lawyer" function (on this web site), explained my situation and asked for pointed advice, and this is the response I got:

"Applying to renew your F 1 visa while your lottery visa is pending is not going to jeopardize your AOS process. Until your AOS is approved, and approvals will not likely start until sometime in October 2015, your renewal of the F 1 visa with your OPT is no issue at all. Once your AOS is approved, your F 1 is ended, since it is no longer necessary, but for now it is still required and would not interfere with the AOS." and "...because your AOS is not going to be approved for some time, you can get the F-1 renewed, because you need it renewed anyhow until the AOS is approved. They will see it is pending in their system when they approve the F1 and OPT and then when your AOS comes up in October or November 2015, that is when they will approve your AOS can cancel the F-1".

http://www.justanswer.com/immigration-law/95ulo-australian-citizen-living-usa-f1-visa-studying.html?al=1&utm_source=sys&utm_medium=email&utm_content=exppic_im&utm_campaign=answer_notify&r=nte%7C2015-06-24_pdcJaUsTrxAnswerNotify%7Cln=exppic_im%22%20target=%22new%22#ixzz3e2ZtJolw

Help.

[SusieQQQ 11,586]

without meaning to be controversial, I also used the "Ask a Lawyer" function (on this web site), explained my situation and asked for pointed advice, and this is the response I got:

"Applying to renew your F 1 visa while your lottery visa is pending is not going to jeopardize your AOS process. Until your AOS is approved, and approvals will not likely start until sometime in October 2015, your renewal of the F 1 visa with your OPT is no issue at all. Once your AOS is approved, your F 1 is ended, since it is no longer necessary, but for now it is still required and would not interfere with the AOS." and "...because your AOS is not going to be approved for some time, you can get the F-1 renewed, because you need it renewed anyhow until the AOS is approved. They will see it is pending in their system when they approve the F1 and OPT and then when your AOS comes up in October or November 2015, that is when they will approve your AOS can cancel the F-1".

http://www.justanswer.com/immigration-law/95ulo-australian-citizen-living-usa-f1-visa-studying.html?al=1&utm_source=sys&utm_medium=email&utm_content=exppic_im&utm_campaign=answer_notify&r=nte%7C2015-06-24_pdcJaUsTrxAnswerNotify%7Cln=exppic_im%22%20target=%22new%22#ixzz3e2ZtJolw

Help.

OK, just so you know, lawyers are notorious for getting DV cases wrong (plenty of evidence of this in the forums if you go looking) because there are only a couple of thousand DV AOS cases a year, very few of them have had actual experience with this. (I'm also not sure the lawyer above understands, from what s/he said, that you have not actually filed for AOS yet.)

If you do risk going back to Australia, I think it would be appreciated if you update this thread with what transpires in the F1 interview.

Out of interest: when you fill in your DS160 NIV form, how do you intend to answer the questions of:

- purpose of travel?

- how long you intend to stay in the US for?

Do you have a Plan B for if the F1 is refused?