F1 student won greencard lottery DV 2018 which forms needs to be filled

[Berkay 0]

I am currently international doctoral student from Turkey holding F1 visa in the United States. I have been selected for further processing on DV-2018 green card lottery. On the selection page it says "The instructions are located on the Department of State website at http://www.dvselectee.state.gov. All DV applicants must use the online DS-260 Immigrant Visa and Alien Registration Application."  And when you visit the link given www.dvselectee.state.gov it says "If you are physically present in the United States, you may be eligible to adjust status to obtain permanent residence through the DV Program" 

 

My Questions

Do I need to fill and submit DS-260? or am I eligible for filing adjustment status? Which is I-485 (I couldn't find anything about student with F-1 visa can file it or not) I know a F-1 student filed Adjustment of Status 10 years ago and got his green card but each year there are many changes on Immigration laws.

 

 

[arken 4,197]

Ds-260 is for people appearing for visa interview. Since you are in US already, you would do AOS by filing i485. However you have to look at the visa bulletin to see whether you can file for AOS now or not. I believe DV 2018 applicants can start the processing only from Oct 2017 as right now they are processing DV2017 applicants. 

Look into the notification you received, there might be a process of paying the fee to DOS to starts AOS process.

[SusieQQQ 11,586]

Fill in the DS260 and in it indicate you plan to adjust status.

you only file I485 when your case number is current. You will need to ensure you remain in status at all times until you file. 

DV based AOS is quite rare, this site http://forums.immigration.com/threads/dv-2018-aos-only.336256/ is a great help. Read the first post and the spreadsheet attached - take your time through the sheets to read them properly. 

 

[Berkay 0]

If I fill the DS260 do I need to go my home country to take the interview and medical exams. Currently my F-1 visa expired but I have valid I-20.

[charmander 692]

1 hour ago, Berkay said:

I am currently international doctoral student from Turkey holding F1 visa in the United States. I have been selected for further processing on DV-2018 green card lottery. On the selection page it says "The instructions are located on the Department of State website at http://www.dvselectee.state.gov. All DV applicants must use the online DS-260 Immigrant Visa and Alien Registration Application."  And when you visit the link given www.dvselectee.state.gov it says "If you are physically present in the United States, you may be eligible to adjust status to obtain permanent residence through the DV Program" 

 

My Questions

Do I need to fill and submit DS-260? or am I eligible for filing adjustment status? Which is I-485 (I couldn't find anything about student with F-1 visa can file it or not) I know a F-1 student filed Adjustment of Status 10 years ago and got his green card but each year there are many changes on Immigration laws.

 

 

Berkay, congrats!! I had a few friends who were exactly in the same situation with you. F-1 doctoral students/won DV lottery. I don't think any of them went back to Turkey and had consulate interviews but I'm talking like 10-12 years ago, can't be sure and unfortunately I'm not in contact with any of those anymore.

 

I don't think you specifically need advice from F-1 visa holders, different visa holder such as H-1B DV lottery winners could also help. Try googling different visa types and find out what they have done with their DV lottery journeys. If in doubt, consult with an immigration attorney, they usually charge $100/$200 consultation fees.

[NigeriaorBust 4,087]

When did your F1 expire ?  

[Berkay 0]

23 minutes ago, NigeriaorBust said:

When did your F1 expire ?  

My I-20 expires on May 2018 but I talked to international student department I have choice to apply to OPT if I finish my degree or if I cant finish my degree I can extend my I-20

[bunkx 25]

Berkay, tebrikler! For AOS all you need is some form of eligibility for permanent residency. For you it would be your DV and priority date. I've been here since 2010 on an F-1 visa and I applied to adjust status from F-1 in January. It does take a very long time to process, try to apply as soon as you're eligible. 

 

About your F-1 visa, are you not planning on visiting Turkey any time soon? We're talking about not being able to travel for more than a year. I'm not sure that they'd approve another F-1 visa if you leave the country and try to get a new one back in Turkey, considering you're almost done with your education unless you're going for a post-doctoral degree. 

 

In terms of OPT, when you apply for an OPT you get a very limited employment authorization card (EAD). It has to be related to your field etc etc. If you wait to apply for the AOS though, you can apply for an EAD/AP (Employment Authorization + Advance Parole) combo card with your AOS application at no extra cost that will let you work anywhere you want and reenter the US after traveling abroad. Keep in mind the EAD/AP usually takes about 90 days to process and if you leave the country before you get it, your AOS will be deemed abandoned and you'll have to pay the fees and apply again, hence resetting the clock.

 

A lot of immigration stuff in the US is mostly waiting for your turn. Whether it's priority dates or just simply waiting for an understaffed, underfunded establishment to get to your packet. They're pretty behind on things. Askerlik isini de unutmayin derim terslik cikabiliyor sinirda sonra.

 

But yeah, exciting times! I hope it'll be worth all the pain and frustration at the end  

Edited May 24, 2017 by bunkx

[Berkay 0]

6 hours ago, bunkx said:

Berkay, tebrikler! For AOS all you need is some form of eligibility for permanent residency. For you it would be your DV and priority date. I've been here since 2010 on an F-1 visa and I applied to adjust status from F-1 in January. It does take a very long time to process, try to apply as soon as you're eligible. 

 

About your F-1 visa, are you not planning on visiting Turkey any time soon? We're talking about not being able to travel for more than a year. I'm not sure that they'd approve another F-1 visa if you leave the country and try to get a new one back in Turkey, considering you're almost done with your education unless you're going for a post-doctoral degree. 

 

In terms of OPT, when you apply for an OPT you get a very limited employment authorization card (EAD). It has to be related to your field etc etc. If you wait to apply for the AOS though, you can apply for an EAD/AP (Employment Authorization + Advance Parole) combo card with your AOS application at no extra cost that will let you work anywhere you want and reenter the US after traveling abroad. Keep in mind the EAD/AP usually takes about 90 days to process and if you leave the country before you get it, your AOS will be deemed abandoned and you'll have to pay the fees and apply again, hence resetting the clock.

 

A lot of immigration stuff in the US is mostly waiting for your turn. Whether it's priority dates or just simply waiting for an understaffed, underfunded establishment to get to your packet. They're pretty behind on things. Askerlik isini de unutmayin derim terslik cikabiliyor sinirda sonra.

 

But yeah, exciting times! I hope it'll be worth all the pain and frustration at the end  

Thanks Bunkx. I am not plaining to travel Turkey. I also took care of my Turkish Army duty by paying money (bedelli). Do I need to fill DS 260 and than when the fiscal years starts apply for AOS or Just wait until fiscal year and apply for AOS. Does all applicants need to file DS 260?

[SusieQQQ 11,586]

23 minutes ago, Berkay said:

Thanks Bunkx. I am not plaining to travel Turkey. I also took care of my Turkish Army duty by paying money (bedelli). Do I need to fill DS 260 and than when the fiscal years starts apply for AOS or Just wait until fiscal year and apply for AOS. Does all applicants need to file DS 260?

AOS through DV has a lot of things that are different to other AOS. (For example the different timelines for DV usually makes applying for EAD of no significance for a DV selectee.) I already directed you to a resource that answers all of your questions, I'm not sure why you haven't checked it? You're at risk of messing up the case. You don't just apply when the firscal year starts, you apply when your number is current. This will only be the same thing for about 1/12 of selectees. If you submit too early your package will be rejected. All of this in explained in the link I sent you.

[Sm1smom 252]

Gosh! So much noise going on in this Thread. Susie already provided the OP with the right guidance and link to where he/she can get appropriate help from, yet others with no knowledge of DV based AOS process feel a need to make none useful contributions and the OP is equally allowing him/herself to get side tracked by them.