Ajustment of Status through DV

[tswielder 0]

Hi,

If anyone has done this or is familiar with the process, could you please share your experience? Basically, I'd like to know when you applied to adjust your status. Was it after you went through the DV interview? Or, did you go ahead and file the adjustment of status even before you got the interview? KCC is telling me that I can go ahead and file adjustment of status (even though I haven't even gotten an interview). On the other hand, USCIS is telling me that it doesn't make sense for me to file the adjustment of status now since I haven't even been promised a green card yet. I'd appreciate any advice on this.

Thank you,

[NigeriaorBust 4,087]

Are you legally in the US ? What is your number ? You can apply for Adjustment of status but it would not be processed until your number it current

[tswielder 0]

Yes, I am a legal resident alien. Been here for quite some time now actually. My # is 2014AS00011XXX. I just don't know if it makes sense for me to submit the adjustment of status now even though I still don't know if I'll get a green card for sure.

[NigeriaorBust 4,087]

Your number is a bit high and fees are non refundable From what I can read of the rules for in US adjustment you have to a visa available ( your number must be current )

[tswielder 0]

Yea, I was wondering about that case number, especially because visa bulletin showed much fewer visas allocated for Asia, which is not fair because I'm from Japan, and it's not like my country has sent in too many immigrants into this country. It's sad that U.S. lumps us together as if we were one population, when we really aren't.

Anyhow, do you think that I should submit I-140, immigrant petition for alien worker? I actually qualify for national interest waiver and can self-petition. I thought I'd wait to see if I could get a green card through the lottery first since it seemed easier, but if it looks like I may not get in because of the high number, maybe I should go ahead and do I-140 instead and forget about the lottery. What do you think?

[Boiler 45,519]

What does your Lawyer say?

What does your Lawyer say?

[tswielder 0]

I'm not going through a laywer. Everything is explained like criteria, etc, and I could find enough information thanks to websites like this where previously approved peititioners shared their success stories, including how they wrote their letter, key elements, etc. With that said, it gives me a headache to think about preparing all that, so I so want this DV lottery to come trough instead. It's much easier.

[milimelo 4,481]

Nothing to do but wait. For FY2013 numbers for Asia were current in August and September. If it goes the same way for FY2014 (you have to keep track of visa bulletin, they do publish upcoming month's numbers for DV), and if you're still in legal status in the US, you can file the AOS in the month when your number will be current or it shows current for Asia.

For example, by mid-June July visa bulletin was out. There was info that for Asia the numbers for DV would be current in August - you get everything ready and come August 1 you mail your AOS package to whichever center is processing those AOS.

[Boiler 45,519]

I have never seen a National Interest Waiver detailed on this site.

[tswielder 0]

I didn't mean this site. I said website like this (as in similar to this one where people discuss immigration related stuff).

[tswielder 0]

Nothing to do but wait. For FY2013 numbers for Asia were current in August and September. If it goes the same way for FY2014 (you have to keep track of visa bulletin, they do publish upcoming month's numbers for DV), and if you're still in legal status in the US, you can file the AOS in the month when your number will be current or it shows current for Asia.

For example, by mid-June July visa bulletin was out. There was info that for Asia the numbers for DV would be current in August - you get everything ready and come August 1 you mail your AOS package to whichever center is processing those AOS.

Thanks for responding. Yea, I know what I'm supposed to do. But, the important question is, if it gets to my number when Asia is getting such a fewer number of visas compared to Africa and Europe and when my number is in 11000s. If it doesn't get to my number within this fiscal year, I lose my eligibility for green card

[Boiler 45,519]

National Interest Waivers are pretty uncommon, which ones did you have in mind?

[milimelo 4,481]

Thanks for responding. Yea, I know what I'm supposed to do. But, the important question is, if it gets to my number when Asia is getting such a fewer number of visas compared to Africa and Europe and when my number is in 11000s. If it doesn't get to my number within this fiscal year, I lose my eligibility for green card

All true and none of us on this forum can give you any assurances that your number will be current in time before the end of FY2014.

What visa are you on now? Any prospect for permanent residency?

[tswielder 0]

Yes, I know NIW is uncommon. I've done my research. I hold 3 graduate degrees all in the U.S. (2 masters and 1 doctorate). I may take this route, but it's a lot more work to compose this application, so it's my backup plan.

I'm on F-1, but I've been in the States for over a decade now and have done work (legally). I had an employer that wanted to keep me after my residency, but I'd rather be on my own than being tied to an employer through H1-B, so that's why I'm pursuing green card.

[jaycali 415]

Thanks for responding. Yea, I know what I'm supposed to do. But, the important question is, if it gets to my number when Asia is getting such a fewer number of visas compared to Africa and Europe and when my number is in 11000s. If it doesn't get to my number within this fiscal year, I lose my eligibility for green card

11000 sounds likely that it will get to your number. Another concern to keep in mind when you're on F-1 is that when it becomes time for renewing your F1, a failed adjustment of status application shows immigrant intent.