DV Interview and Adjust Status Questions

[therealme 0]

I have a few questions on DV2015 that I hope you guys could help with.

1. Can we adjust status anytime? We're now in our home country, but we were considering moving to the states anyway regardless of DV. Let's say our interview is in March, can we move there any time or there's a point where we can no longer move? And if we can't Adjust Status at any time, can we move any come back to do the interview at its date?

2. Let's say that based on previous years I know that my number would likely be in December or January, when they set my interview date, how long after that is it? Like 1 month, 2 months, or what? I am asking because some documents can't be pre-preppared beforehand like the Medical Examination and Police Records.

3. How long does it usually take after the interview to get the landing visa?

4. Is there anything that we need to do or documents we have to prepare before May 19?

Thanks. :-)

Edited May 4, 2014 by therealme

[SusieQQQ 11,585]

I'm a bit confused by your questions. You can't adjust status unless you are already legally in the US BUT you cannot go to the US on a non-immigrant visa for the purpose of adjusting status.

Once you are issued your visa you need to land in the US before the visa expires, maximum 6 months after it is issued; sometimes expiry dates are earlier.

Most people get their visas within a few days of the interview, but if you are placed on administrative processing (when they do extra background checks etc) it can take a while longer, sometimes months. It's not uncommon for Egyptian men to be placed on AP but it's not automatic either, so it's hard to answer properly how long you may have to wait after interview.

Your interview is the same month that your number is current for.

Can I ask under what visa you were planning to "move to the US regardless"?

Edited May 4, 2014 by SusieQQQ

[NigeriaorBust 4,087]

The US will not allow you to move just because you have been selected for further processing. You can move after the interview and they have validated that you are edible for the visa. If you don't have AP for background checks then you should have the visa in hand in 10 days or so after the interview. If you get AP you have to hope it is completed before they stop issuing visas for that year but they usually work hard on that happening. The you get 6 months past your medical to arrive in the US.

[therealme 0]

I'm a bit confused by your questions. You can't adjust status unless you are already legally in the US BUT you cannot go to the US on a non-immigrant visa for the purpose of adjusting status.

Your interview is the same month that your number is current for.

Can I ask under what visa you were planning to "move to the US regardless"?

I've already planned on soon applying for jobs, and not to sound too cocky, but given the experience it's likely that I could get offers within the next few months. I don't want to do that however if I know DV will be a problem.

If the interview is in the same month, so when should I do the medical examination? Should I do it like when I know that in the next month my number will be called for?

And do you know if there anything that we need to do or documents we have to prepare before May 19?

Edited May 4, 2014 by therealme

[Cathi 5,632]

I've already planned on soon applying for jobs, and not to sound too cocky, but given the experience it's likely that I could get offers within the next few months. I don't want to do that however if I know DV will be a problem.

If the interview is in the same month, so when should I do the medical examination? Should I do it like when I know that in the next month my number will be called for?

And do you know if there anything that we need to do or documents we have to prepare before May 19?

When it comes to jobs in the US being cocky isn't a good idea if you aren't a citizen. My husband is a computer engineer, with many years experience before he arrived in the US. It took him 5 months to get a job, and that was at Walmart. It took him 10 months to land a job in his field, and he had to take an internship. No one was wiling to give a new immigrant with no US experience and a foreign degree a chance, and no one was willing to give him a job in his field without experience HERE. After 6 months as working as an intern they hired him permanently. My husband literally sent thousands of resumes/CVs, went on dozens and dozens of interviews, and it was always "we want US experience". After 5 months of exhaustive searching he took a job at Walmart loading trucks, a back breaking job. He literally made a full time job of job hunting. 8-10 hours a day. Sending resumes(he brought his up to US standards), talking to headhunters, pounding the pavement. We live in the Boston area so there are thousands of high tech companies, it wasn't for lack of jobs, there were many. One night I couldn't sleep and I was looking on Craigslist and saw a job for a 6 month internship in his field, and sent his resume. We figured at this point it would be his only way to get his foot in the door and at least get some US experience to add to his resume He went to the interview and figured he would get the same answer "sorry no US experience", he was hired on the spot. Come to find out they had hired a few US citizens for the job who quit because the intern salary was a pittance. They loved him and ended up hiring him permanently with a good salary and benefits. It took a year and a half to get to that point. I'm not trying to discourage you, I'm just giving you the reality. If you look at the boards here on VJ you will find my husband was far from the only one with the same problem. My friend's husband is from Morocco, he has been here over 2 years, he has a Masters in business and still has no job in his field. He works 2 jobs, one at Macy's in the shipping dept and another cleaning offices at night. Best of luck and I hope things happen faster for you than it did for my husband.

[SusieQQQ 11,585]

I've already planned on soon applying for jobs, and not to sound too cocky, but given the experience it's likely that I could get offers within the next few months. I don't want to do that however if I know DV will be a problem.

If the interview is in the same month, so when should I do the medical examination? Should I do it like when I know that in the next month my number will be called for?

And do you know if there anything that we need to do or documents we have to prepare before May 19?

Well, if you did get a job yes and an H1 visa to go along with it, you could move over and then adjust...britsimon is doing that ... but if you do a search for H1 visa you will find there are none left for this year and as I believe the earliest you could start on next year's batch would be Oct 2015. So that's not really gonna help you. I'm sure there are ways for companies to get people over earlier but it would have to be a special person doing something they couldn't find someone in the US for for all the hoops there must be for that. Also someone correct me if necessary but as far as I understand H1 is the only dual intent visa (ie non-immigrant but recognised as path to immigrant) - with any other job or student visa you cannot come over with the purpose of adjusting status to permanent resident while here. (It's different if you are already in the US on one of those and then you win, as your intent was still non-immigrant when you entered the US on it.)

You don't need any documents for the DS260 submission AFAIK but please check the instructions on the website properly. Medicals are usually only done once you have your interview letter, which will arrive (via the ESC page on the website) about 6 weeks before your interview. If you know your country has long delays for certain forms like long form birth certificates etc, apply now, these don't expire. Police certificates expire, and expiry varies by country so be careful about when you apply for those.

[therealme 0]

Also someone correct me if necessary but as far as I understand H1 is the only dual intent visa (ie non-immigrant but recognised as path to immigrant) - with any other job or student visa you cannot come over with the purpose of adjusting status to permanent resident while here. (It's different if you are already in the US on one of those and then you win, as your intent was still non-immigrant when you entered the US on it.)

So I already have a B1/B2 Visa, does this mean I can no longer travel to the U.S. till I get a DV visa because B1/B2 is not dual intent?

[SusieQQQ 11,585]

So I already have a B1/B2 Visa, does this mean I can no longer travel to the U.S. till I get a DV visa because B1/B2 is not dual intent?

You can travel on it as long as the purpose for which you are travelling on it is consistent with the visa, that is, short trips for tourism or business, and you do not intend entering on that to stay and adjust status. So you can use it to visit, but then go back to your home country afterwards - and then eventually do the visa interview there. (You would never have been allowed to work on that visa - but I presume you knew that.)

Bear in mind also that the process for returning forms etc is different for AOS vs consular processing so if you are outside the US you can't tell them you want to adjust a status you don't have. In the absence of existing legal status in the US you will be scheduled an interview at the consulate you indicate when you send in the form.

[therealme 0]

You can travel on it as long as the purpose for which you are travelling on it is consistent with the visa, that is, short trips for tourism or business, and you do not intend entering on that to stay and adjust status. So you can use it to visit, but then go back to your home country afterwards - and then eventually do the visa interview there. (You would never have been allowed to work on that visa - but I presume you knew that.)

Bear in mind also that the process for returning forms etc is different for AOS vs consular processing so if you are outside the US you can't tell them you want to adjust a status you don't have. In the absence of existing legal status in the US you will be scheduled an interview at the consulate you indicate when you send in the form.

So basically until I "enter" the US on a DV visa, I cannot even think about pursuing a full-time or internship position there, because these would require dual-intent?

[SusieQQQ 11,585]

So basically until I "enter" the US on a DV visa, I cannot even think about pursuing a full-time or internship position there, because these would require dual-intent?

That is why I asked what visa you were planning to enter on...work visas are not that easy to actually get.

Btw there is also another issue, and that is that AOS often takes significantly longer than CP, so it can be risky for those with higher case numbers.

Edited May 4, 2014 by SusieQQQ

[vladek15425 7]

Would be nice if moms opens a AOS thread in here ! Allo

[kzielu 1,147]

I have a few questions on DV2015 that I hope you guys could help with.

1. Can we adjust status anytime? We're now in our home country, but we were considering moving to the states anyway regardless of DV. Let's say our interview is in March, can we move there any time or there's a point where we can no longer move? And if we can't Adjust Status at any time, can we move any come back to do the interview at its date?

2. Let's say that based on previous years I know that my number would likely be in December or January, when they set my interview date, how long after that is it? Like 1 month, 2 months, or what? I am asking because some documents can't be pre-preppared beforehand like the Medical Examination and Police Records.

3. How long does it usually take after the interview to get the landing visa?

4. Is there anything that we need to do or documents we have to prepare before May 19?

Thanks. :-)

You can't adjust status until your cut off number is posted in visa bulletin (assuming you already are in US).

You're unlikely to move for the job H-1B visas are long gone, so it really doesn't matter how good you are...

[franko 2]

Also someone correct me if necessary but as far as I understand H1 is the only dual intent visa (ie non-immigrant but recognised as path to immigrant)

Happy to correct you

L-visa is also a dual intent visa. And I know that cause I was kinda offered the Illusive "path to..." but my wife was not my wife yet and had to finish her degree an all that stuff. And I would be tied to my employer, bla, bla. It was just not feasible back then.

"L-1 visa may legally be used as a stepping stone to a green card under the doctrine of dual intent."

It wouldn't work for the OP but nonetheless you can pursue green card on L- visa.

[adinutzyc21 2]

I'll hijack this a little bit. My CN is a little high, so this is mostly curiosity (and something I read somewhere on this forum recently).

I'm on an F1 visa and I intend to get my OPT in September. My number is likely to be called some time next May-July. Would doing AOS be a bad idea? Would I lose my place in line because that takes longer? Also, if I don't do AOS, do I have another option?

Again, no real emergency here, just curiosity?

[franko 2]

I'll hijack this a little bit. My CN is a little high, so this is mostly curiosity (and something I read somewhere on this forum recently).

I'm on an F1 visa and I intend to get my OPT in September. My number is likely to be called some time next May-July. Would doing AOS be a bad idea? Would I lose my place in line because that takes longer? Also, if I don't do AOS, do I have another option?

Again, no real emergency here, just curiosity?

AOS takes much longer than CP and has some drawbacks. Consular processing you would do in your home country. In case of CP, you do your medicals in Romania before the nterview, then you have the interview and then within a week or so you have a visa in your passport and boom you're on your way to the good ol' US of A. Bear in mind that you have 6 months from your interview to enter the US and activate your green card.

What is important in case of AOS is your status - you cannot be out of status even for one day. Your visa has to be valid for the whole period of DV2015 to be on the safe side really. Also for people with highish CN numbers it might be better to go for CP as if you let's say get current in August and your AOS will take more than two months they might close DV program for that year and you wont get your visa.

Hope that helps. We have Monsieur Ernest "Dipstick" LeClerc somewhere here and she is an expert on AOS. Hopefully there will be an AOS therad blooming here soon. Maybe there is already and I missed it.

Edited May 5, 2014 by franko