DV Lottery Help Please

[Sammy_Bee 0]

My Australian friend has been selected in the 2014 DV lottery.

His case number is low for Oceania and is 000014** (well under the 1600 cut off).

I have been receiving the Visa Bulletin, and thought his case number was open as of yesterday, however I am starting to think these are the 2013 selectees only.

So confused. When will we know case status for 2014 DV selectees?

He is also here in the States on a B2 visa. Will he be able to go down the AOS route?

Please help. I would hate for him to loose money due to lack of understanding.

[SusieQQQ 11,587]

My Australian friend has been selected in the 2014 DV lottery.

His case number is low for Oceania and is 000014** (well under the 1600 cut off).

I have been receiving the Visa Bulletin, and thought his case number was open as of yesterday, however I am starting to think these are the 2013 selectees only.

So confused. When will we know case status for 2014 DV selectees?

He is also here in the States on a B2 visa. Will he be able to go down the AOS route?

Please help. I would hate for him to loose money due to lack of understanding.

The current numbers (until September) are for DV2013. DV2014 numbers start being interviewed in October - the next visa bulletin (should be published next week?) will have advance notification for the October DV interviews. Assuming his forms have been sent in, he will get an email from KCC telling him the entrant status check website has been updated, and that will have his interview details on - usually would get this around 6-7 weeks before the interview.

As far as I know a B2 visa holder is eligible for AOS but they must still be in status when they apply. I don't know the OC numbers very well so not sure when he might come up for interview, but if his visa has expired he will not be eligible to do AOS and in fact from what I understand an overstay of visa may put his DV application in jeopardy. For this year his number would only have become current in July - assuming he is on the usual 6-month B2 he would obviously be out of status then if the numbers follow a similar pattern for Dv2014 and his number only comes up around mid-year next year. And I don't think he can just leave and come back again to do AOS on the same visa because it will mean he is coming on immigrant intent which is not allowed with a B2.

Edited August 2, 2013 by SusieQQQ

[SusieQQQ 11,587]

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Edited August 2, 2013 by SusieQQQ

[Sammy_Bee 0]

The current numbers (until September) are for DV2013. DV2014 numbers start being interviewed in October - the next visa bulletin (should be published next week?) will have advance notification for the October DV interviews. Assuming his forms have been sent in, he will get an email from KCC telling him the entrant status check website has been updated, and that will have his interview details on - usually would get this around 6-7 weeks before the interview.

As far as I know a B2 visa holder is eligible for AOS but they must still be in status when they apply. I don't know the OC numbers very well so not sure when he might come up for interview, but if his visa has expired he will not be eligible to do AOS and in fact from what I understand an overstay of visa may put his DV application in jeopardy. For this year his number would only have become current in July - assuming he is on the usual 6-month B2 he would obviously be out of status then if the numbers follow a similar pattern for Dv2014 and his number only comes up around mid-year next year. And I don't think he can just leave and come back again to do AOS on the same visa because it will mean he is coming on immigrant intent which is not allowed with a B2.

Thanks SusieQQQ, but still confused though.

Our understanding was that you couldn't submit paperwork until your case number came available, otherwise it would be rendered invalid.

So if they are interviewing in October, when was he supposed to send in the paperwork?

How long should it take from submitting the paperwork to receiving interview notification from the KCC?

He should be fine on the B2 visa given your visa status goes on hold until your AOS case is heard.

Finally, when you commenced the AOS route, did you have to send an "Eligibility for AOS" letter and $330 check to the Dept. of State?

[NigeriaorBust 4,087]

Assuming he is NOT overstayed his visa when his number became current ( sounds like Oct ) then he can submit for AOS in the US. There is no forgiveness of overstay for DV winners at the time of application for AOS.

[SusieQQQ 11,587]

I didn't do AOS. I did some quick googling after I posted, and it sounds like it's very difficult to do it from B2 for precisely the reasons I mentioned. Others who have done it successfully may want to chip in.

Your friend clearly has not followed the instructions on the selection letter and read the dvselectee website...it is quite clear about the process. When you have been selected, you follow the steps they describe, including any country-specific info (all linked to on the site). You fill in Ds122 and Ds230 forms and send them in. KCC will NOT proceed with your case and schedule an interview if they don't have the documents. Start gathering all your civil documents, except police records as they (usually) have an expiry date, most common is 6 months but some 12 months. Apparently if you do AOS you don't need police records but as I say I didn't do AOS. Your interview date will take place in the month your number is current, assuming the forms have been sent in. So it does not depend on when you send them in (unless you send them in late, ast your current date) - it depends on your number. Cases are processed in order of numbers, which you will see in the monthly visa bulletins. You will receive a letter informing of your interview date and time etc as well. You normally need this letter with interview date to schedule the medicals, again I don't know how this bit works if you are doing AOS.

From other forums I have seen talking about AOS, you can only apply for a visa extension (or whatever it's technically called) once your number is current - if this info is wrong hopefully someone who has done AOS will correct me. Again, if he has overstayed his visa he will not get his DV visa and further as I understand there is an automatic 10-year re-entry ban for overstaying a visa.

[SusieQQQ 11,587]

I understand I may have got some of the process above wrong as AoS works differently in terms of forms etc but not the first and last paragraphs which is what would be key.

[SusieQQQ 11,587]

See also eg the answers here

http://www.avvo.com/legal-answers/b2-visa-dv-lottery-adjustment-of-status--434427.html

http://www.avvo.com/legal-answers/on-b2-visa-and-just-checked-my-status-online--i-ha-455467.html