DV Lottery Adjustment of Status

[usagc]

State:Florida

I’m currently in US under F-1 visa. I graduated and now in my OPT which is valid for 12 months starting from October 1 2007. I also got selected for the 2008 DV lottery program and I informed Kentucky Consular Center that I will apply for Adjustment Of Status (AOS) through USCIS. My understanding about the process is that I can apply for AOS after October 1, 2007 when 2008 DV program starts and then USCIS will call me for the interview when my case number becomes current according to the visa bulletin published in “travel.state.gov”. But I saw in an online discussion (at http://discuss.ilw.com/eve/forums/a/tpc/f/902603441/m/85310254631/r/24510157631) that I can’t submit my AOS paperwork to USCIS until my case number becomes current. So, I’m confused about how to proceed and appreciate any advice that you can give me. Thanks in advance.

 

[ImmigAttyLana]

That is correct. The AOS filing period for the DV2008 starts on October 1, 2007 but even within the filing period of 10/1/07-09/30/08, you have to wait until YOUR number becomes current as according to the visa bulletin before YOU are eligible to file YOUR AOS.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[usagc]

GC Lottery: Adjustment of Status

Thank you for your reply, I really appreciate it. I have two more questions if you can help me;

1. Let’s say, for an example, my number becomes current in June 2008 according to the “ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JUNE” section of the May 2008 visa bulletin which will be published on April 15th 2008. Can I file my AOS, let’s say, on April 16th or do I still have to wait till June 1st for it?

2. Once I file the AOS application, do you know on average how long it takes for the process? I’m asking this question to know my chance of getting the GC as I have to complete the process before September 30, 2008.

Thank you,

 

[ImmigAttyLana]

You can only file in the month when the number becomes valid. It does not matter when the notification comes out.

It really depends on the particular office, etc. and that is precisely why it is said that you are not guaranteed a green card just because you are selected in the DV lottery. You need to constantly follow up with the local USCIS office to get your interview scheduled in a timely manner since you have a very limited window of opportunity to AOS before 9/30/08 otherwise you lose your ability to do so through the DV.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[usagc]

Thank you for your reply, I guess that’s all I need to know right now.

usagc