Selected in DV-2021 - should I get a lawyer to help apply?

[ollie-o 0]

About me:

• Currently living in the US on E3 visa
• Occupation is Software Engineer
• Have a high school education and a Bachelor's degree earned in the US
• Selected for DV-2021 as an Australian citizen with number ~2600
• No complications like a criminal record or anything like that

 

From what I've seen online, the paperwork seems tedious but not overly complicated. As a software engineer I think I am fairly good at following instructions :)

 

Would it actually help to find an immigration lawyer? Or is this something I can probably handle totally fine on my own? One concern I have is the risk that I could hire a bad immigration lawyer who makes mistakes, and actually causes more harm than good.

 

Thanks in advance!

[aaron2020 11,651]

This is a DIY forum.  Most people here are doing it without hiring a lawyer.  For simple cases, there's no need for a lawyer.

As long as you can read and follow instructions, you can do it yourself.  There are helpful Guides on VJ that you can follow.  

 

Best of luck.

[SusieQQQ 11,586]

There is almost never a reason to use a lawyer for a DV visa, unless maybe you have a criminal record. It is the easiest, simplest route to US immigration. 

(You would be correct that lawyers tend to cause more harm than good for DV cases, given that only about 1000 people a year adjust status for DV across the entire country, and most of them do it DIY - meaning that the chances of finding a lawyer who really understands DV well is pretty low. It is an easy process, but can be messed up by a lawyer who follows normal AOS processes, especially regarding timelines.)

 

The only potential issue you might face is that your case number is relatively high for OC, and given the slow start to the year there is a chance it might not get current, but there’s nothing a lawyer can do about that... all you can do is wait and see.

 

 

 

Edited February 1, 2021 by SusieQQQ

[ollie-o 0]

Quote

The only potential issue you might face is that your case number is relatively high for OC, and given the slow start to the year there is a chance it might not get current, but there’s nothing a lawyer can do about that... all you can do is wait and see.

Thank you both for the helpful answers!

 

With regard to the case number and timeline:

1. What is the latest that the selected number becomes CURRENT, for me to still have a chance of getting issued the visa in time? For example, if it becomes CURRENT in July, and I mail my documents on July 1 2021, will that leave enough time within the 2021 fiscal year?
2. Are there forms I can send before it becomes CURRENT, in order to speed up the process?

 

[aaron2020 11,651]

The last month for DV-2021 will be announced in the September 2021 Visa Bulletin.  The September 2021 VB will come out in the latter half of August 2021.

If your number becomes current and you're in the US, then you until September 30, 2021 to file to adjust status.

You can not submit anything before your number becomes current.  If your number become current in the July VB, then the earliest you can submit anything is July 1.  DO NOT SUBMIT ANYTHING EARLY - IT WILL GO THROUGH THE SYSTEM AND END IN A DENIAL.  

Edited February 25, 2021 by aaron2020

[ollie-o 0]

 

6 minutes ago, aaron2020 said:

The last month for DV-2021 will be announced in the September 2021 Visa Bulletin.  The September 2021 VB will come out in the latter half of August 2021.

If your number becomes current and you're in the US, then you until September 30, 2021 to file to adjust status.

Does this mean that:

1. I have to mail the paperwork before Sept 30, 2021, or
2. USCIS has to note that they received the paperwork before Sept 30, 2021, or
3. USCIS has to actually finish processing the paperwork and issue the visa before Sept 30, 2021?

The way it's phrased in the instructions, it sounds like it's option 3: "All selectees, including family members, must be issued visas by September 30, 2021."

 

https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2021-Instructions-Translations/DV-2021- Instructions-English.pdf

[aaron2020 11,651]

10 minutes ago, ollie-o said:

 

Does this mean that:

1. I have to mail the paperwork before Sept 30, 2021, or
2. USCIS has to note that they received the paperwork before Sept 30, 2021, or
3. USCIS has to actually finish processing the paperwork and issue the visa before Sept 30, 2021?

The way it's phrased in the instructions, it sounds like it's option 3: "All selectees, including family members, must be issued visas by September 30, 2021."

 

https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2021-Instructions-Translations/DV-2021- Instructions-English.pdf

If your number becomes current in the Sept VB and the window opens up on Sept 1, then why would you wait until the last minute?  You should have your documents ready to go on Sept. 1.  

You would not be going for a visa where the US embassies and consulates have a deadline for when they can no longer issue visas to DV winners.  You would be adjusting status and visas are not involved.  

[ollie-o 0]

I did some more Googling and found this. Looks like there is a requirement that my adjustment of status case must be "adjudicated" by September 30, or not at all 

 

Entitlement to adjustment of status under the DV program lasts only through the end of the fiscal year (September 30) for which the applicant is selected in the lottery. (For example, the year of entitlement for all applicants registered for the DV-2001 program ends as of September 30, 2001, and DV adjustments may not be granted to DV-2001 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2001 principals are only entitled to derivative DV status until September 30, 2001.) For that reason, it is extremely important that every office carefully monitor its DV adjustment caseload and take appropriate steps to ensure that (to the extent possible) all adjustment applications filed by DV lottery winners and their dependents are adjudicated no later than September 30.

 

https://www.uscis.gov/sites/default/files/document/policy-manual-afm/afm23-external.pdf

 

This is even more reason to follow your suggestion, @aaron2020. I'll be sure to have my documents ready and file on the first day of the month it becomes CURRENT for my region.

 

Thanks again for your help!

[SusieQQQ 11,586]

1 hour ago, aaron2020 said:

The last month for DV-2021 will be announced in the September 2021 Visa Bulletin.  The September 2021 VB will come out in the latter half of August 2021.

If your number becomes current and you're in the US, then you until September 30, 2021 to file to adjust status.

You can not submit anything before your number becomes current.  If your number become current in the July VB, then the earliest you can submit anything is July 1.  DO NOT SUBMIT ANYTHING EARLY - IT WILL GO THROUGH THE SYSTEM AND END IN A DENIAL.  

Correction, it will come out in the August visa bulletin, published late July. DV always publishes two months ahead. 
And he can in fact submit early :

 

54 minutes ago, aaron2020 said:

If your number becomes current in the Sept VB and the window opens up on Sept 1, then why would you wait until the last minute?  You should have your documents ready to go on Sept. 1.  

You would not be going for a visa where the US embassies and consulates have a deadline for when they can no longer issue visas to DV winners.  You would be adjusting status and visas are not involved.  

Please be aware that DV allows early filing, unlike other AOS cases, precisely because of the time constraint. As soon as the visa bulletin with priority date is published, AOS may be filed. See https://www.uscis.gov/sites/default/files/document/memos/DV-Related I-485 Applications .pdf

 

This means that if the number is only current in September, OP can in fact file in late July as soon as the publication occurs of the August VB with that number in as current. 
 

1 hour ago, ollie-o said:

Are there forms I can send before it becomes CURRENT, in order to speed up the process?

What you NEED to do in advance of your number being current is inform KCC of your intention to adjust status, and pay the DV fee. You should include that fee receipt in your AOS package.

 

@ollie-o, I'm going to send you a PM in a few minutes. 

[Sm1smom 250]

11 hours ago, aaron2020 said:

The last month for DV-2021 will be announced in the September 2021 Visa Bulletin.  The September 2021 VB will come out in the latter half of August 2021.

If your number becomes current and you're in the US, then you until September 30, 2021 to file to adjust status.

You can not submit anything before your number becomes current.  If your number become current in the July VB, then the earliest you can submit anything is July 1.  DO NOT SUBMIT ANYTHING EARLY - IT WILL GO THROUGH THE SYSTEM AND END IN A DENIAL.  

Not quite. A DV based AOS application may be submitted 2 months in advance of the month the CN is deemed current. This is call what we refer to as “early filing” in DV world - DV based AOS allows for this. The case simply wouldn’t be adjudicated before the first day of the month in which it actually becomes current. 
 

For visa availability, check the latest month's DOS Visa Bulletin. Section B contains a chart showing the current month's visa availability in the Diversity Immigrant category. The chart shows when the Diversity Immigrant cut-off is met. When the cut-off is met, visas will be available in that month for the applicants with Diversity Immigrant lottery rank numbers below the specified cut-off numbers for their geographic areas. 

Section C contains a chart showing the Diversity Immigrant category rank cut-offs for the following month, which represents the advance notification of Diversity Immigrant visa availability. As soon as a monthly Visa Bulletin is published, anyone with a lower rank number than the rank cut-off number shown in Section C is eligible to file for adjustment of status. This provides lottery winners the opportunity to file for adjustment of status up to six or seven weeks before a visa number can actually be allocated. This gives USCIS additional time to determine your eligibility for adjustment of status before the end of the fiscal year. 

A Diversity Immigrant-based adjustment application cannot be adjudicated until a visa can be allocated, as indicated in the Visa Bulletin’s current Diversity Immigrant rank cut-offs for a particular month.

https://www.uscis.gov/green-card/green-card-eligibility/green-card-through-the-diversity-immigrant-visa-program

 

[syphax 4]

Since you are already in US , and with a good case number , things gonna go in a good way , you can make everything by yourself , you can just take some advices from lawyer and that's all, wihtout paying a large amont of money, also you can contact Kantecky center since you are in US and ask you questions for them , may be very helpful from them, i wish you all the best  

[SusieQQQ 11,586]

Just an FYI for this thread, KCC can answer exactly zero questions about the AOS process other than confirming the payment for/notice of intent to AOS  has been received. They are an administrative arm of the Dept of State, not USCIS. They process the entries for DV, process documents for consular processing, and arrange the interview schedule with embassies/consulates.  Their role in AOS is limited to accepting the DV fee payment.
 

I personally would also run a mile from most lawyers for this. Around 1000-1500 DV AOS cases a year are processed (in a normal year) across the entire US, mostly DIY, so the number of lawyers that actually have any significant experience in DV and understand how the DV AOS process differs from normal AOS (and it does in significant ways, an example already arose upthread) is probably tiny. Bad legal advice is worse than no legal advice. Unless there is a potential inadmissibility there is no reason for lawyers.

 

 

Edited February 28, 2021 by SusieQQQ