Consular Processing versus Adjustment of Status
In talking about the DV lottery you will often hear the terms CP or AoS – Consular Processing versus Adjustment of Status. The vast majority of DV lottery winners process their cases outside of the USA (which is CP or Consular Processing), but there are some selectees who are already in the USA on some form of temporary visa. Those people have the option of adjusting their status.
For CP cases, the selectee has to wait until they are current and then do medicals and a DV interview at the embassy in the country where they are residing. Some people mistakenly believe the embassy that processes your case must be in your home country – that is not the case. The CP process is very straightforward and there is no need to hire a lawyer. The information on this blog, and the various sites and of course the often neglected processing instructions, is more than enough to get you through the process.
Adjustment of Status
AoS cases account for less than 5% of DV cases each year. The process has some significant differences, and is generally a bit slower than CP. However, the convenience of dealing with your case at an office a few miles from your home and with minimal disruption to your worklife is a big benefit. I processed my case in this way because it allowed me to avoid taking extensive time off work to travel back to the UK for medicals and the DV interview. However, it was a stressful experience because my field office (San Francisco), failed to understand the importance of speed in the process and caused my case to be delayed from June (when I was current) to finally getting approved in September. However, I’m glad I did it that way and I was supported throughout the process by a very knowledgeable expert (“Sm1smon”) in the immigration.com forum.
If you are choosing to process your DV lottery win by AoS, I strongly recommend you head over to the forum and read the information contained on post 1 of this thread. Engaging a lawyer is not necessary in the majority of cases – the paperwork is simple and the process is easy with the right guidance.
April 4, 2015 at 17:45
Hey! Thank you for the article, it is very useful. However the link towards the processing instructions is broken. Do you mind sending the good one?
April 6, 2015 at 00:18
Thanks for that – I have updated the post – and here is the link. http://travel.state.gov/content/visas/english/immigrate/diversity-visa/if-you-are-selected.html
April 6, 2015 at 02:35
Thank you! 🙂
May 13, 2015 at 19:15
Hi, thank you for posting the article. Really helpful. I just found out that I’m a winner for 2016 with a very low number, <1000 for Europe. Currently I'm in US on F1 until next month. I want to file through the consulate in my country because I need to get there and visit but I can't seem to figure out filling the DS-260. Do you have any ideas what address should I write for present address? Currently I'm employed here in US, working for a financial institution for my OPT program, a couple of weeks left. The whole process is a little bit frustrating and overwhelming. Oh, and I did contact a lawyer in Chicago and he told me from the beginning, before taking my money that his firm and his coworkers never had to deal with AOS for the DV lottery. He had no idea wha I was talking about. Thank you again and if you have a chance can you give me some advice please?
May 13, 2015 at 19:21
If you will be back home within a few months – then you should provide an address back home. This process takes a long time and the choice of where you interview is related to where you live – so predict it – and if needed, even delay filing your application until you are home. There is no downside to delaying your interview by a month or two.
And don’t hire a lawyer. I’m glad they were honest that they have no DV experience. Almost no lawyers have that experience – but many say they do…
August 17, 2015 at 21:04
HI, what will be the best way to process when primary Selectee is in US and her family is back in native country. Is AOS for Selectee and CP for familiy is good way?. If so what would the process steps be?
Please give a suggestion. Currently, I am in US in F1 visa and family is back in country?
If I choose CP is there change of getting back in US if in case of failure?
August 18, 2015 at 19:09
September 1, 2015 at 00:36
Hi thank for you all your help! I was selected for DV lottery 2016 and my number is EU000105xx. I am not current for October but most probably will be current in November or December. I submitted my DS-260 mid May. I am located in US pending political asylum and requested for an interview in US for myself. However, my derivaties: my husband and daughter are in Ukraine and I requested for their interview in Ukraine. I understand once I get a 2NL I will have a green light for AOS. I would like to know if I should be paying $330 DV administrative fee to DOS now to prepare myself to be ready to include the receipt in the AOS application.
My questions are 1. do I pay $330 fee now or wait until 2 NL? 2. Do I pay for myself only for now or pay for my husband and daughter as well even though they are in Ukraine?
Many thanks in advance,
September 1, 2015 at 01:42
The way you should be handling your case is AOS for you, and follow to join (I-824) for your derivatives. The 2NL for AoS cases is different – you may already have it – it is a simple email receipt. The 2NL is not the green light to file an AoS case, that Green Light – is you case becoming current. I’m not sure about the fees – AoS questions are best handled by “Sm1smom”. Get involved with the thread here:-
September 5, 2015 at 03:27
Thank you for your reply! I still didn’t get the 2NL. Again your help is grately appreciated. Thanks for all you do!
May 9, 2016 at 20:51
I’m a selectee for the DV 2017 fiscal year (2017EU00003XXX). I’m currently in the US on a J1 visa (2 years rule does not apply).
Do I need to file both the DS-260 form with the KCC and later the I-485 form? Or only one of them?
And what’s the timeline of when to submit them?
May 9, 2016 at 22:42
Yes submit DS260 (soon) and then later you will submit the I485. Read the link below for info about the I485 filing
May 10, 2016 at 17:45
Thank you! I’ll be leaving the US for a couple of days soon (conference), so I guess I will better hold back with submitting any forms, and submit them only when I return. Or is it ok to submit the DS260 before?
May 10, 2016 at 18:38
You can submit it before your trip – or wait – up to you.
May 10, 2016 at 19:38
Ok, perfect. Thank you! It would only be problem if one submits an I-485, travels but doesn’t have AP, correct?
Thanks for this thread, very helpful
May 10, 2016 at 20:27
November 6, 2016 at 07:32
Hey Jon! I was wondering how your traveling ex-US went. Did you submit the DS260 and then traveled ex-US? Did you have any issues upon returning on J1? It was my understanding that this can be a problem since you’ve declared “immigrant intent” and J1 doesn’t allow that.
I’m in a similar situation (currently in US as J1, DV2017 selectee and planning a trip ex-US) and I’d like to make sure I don’t have any issues upon returning to the US on my J1.
Any input is very much appreciated! 🙂 Thanks!!
May 13, 2016 at 03:32
Hi, first of all thank you for all information. I won the dv lottery (2017EU0017000). I m under F1 visa and studying master program in California. I just went to attorney about my AOS situation. He said it might take 4-5 months. So he recommended me to get interview in my own country. He told me that ask the consulate if they can interview you in priority. (before October) I know interview process starts from OCT 1, doesn’t it? Which way takes shorter? I haven’t submit my DS-260 btw. Does AOS have to be done before Sep 30? thank you in advance….
May 13, 2016 at 03:49
Cases cannot be interviewed before they are current. No 2017 case will be interviewed before October. Your case won’t be current until December/January. So – CP or AOS – that would be the fastest. Your lawyer clearly doesn’t know DV processes. Don’t waste money on a lawyer. All DV2017 cases have to complete before 9/30/2017.
May 13, 2016 at 04:23
So thanks for the answer. How about if I submit the form 260 while I m in the US. And go to my own country before December and wait for the Interview. Which adress do I have to put in the form U.S or backhome adress. Is that work?
May 13, 2016 at 05:02
If you want to do CP in your home country, list an address in your home country.
September 18, 2016 at 05:00
Adjustment of Status – New York Field Office:
My family and I have now received our green cards and I wanted to share the FINAL part of my experience with the
Current: June 2016
Chicago Lockbox: May 02, 2016
Fingerprints: June 22, 2016
Interview: August 04, 2016
Approved: August 31, 2016 (file delayed at Kentucky Consular Office until August 25)
On Sept 09, we received in the mail only cards for other family members and one for my 18 year old daughter was missing. I started making customer service calls and booking multiple INFOPASS appointments to chase the missing GC. I learnt the following:
1. Although my daughter applied for AOS before she turned 18, USCIS officers (Tier 2 on customer service calls or at FO for INFOPASS) are not willing to discuss a case with the parents for anyone above 18. For customer service calls, the 18 year old must make the call themselves, or as in my case, I’d call USCIS and connect to my daughter on the same line via teleconference – which was acceptable
2. We did the interview at the New York, NY Field Office and my daughter has since moved to Buffalo, NY (400 miles away). We took a chance and booked an INFOPASS at the Buffalo USCIS Filed Office (different from interview location) on Sept 15. The Immigration Officer was very helpful and STAMPED A TEMPORARY FORM I-551 (Green Card) in her passport!
I have been reading of experiences where FO’s refused to conduct the INFOPASS if the applicant went to a location other than where they were assigned for the interview. From my experience it seems there are exceptions and anxious applicants should still try if they have a good reason (distance, lack of appointment slots at their designated location, etc).
October 8, 2016 at 00:55
Is there any part of the process that can be expedited by ‘premium filing’?
October 8, 2016 at 01:43
October 14, 2016 at 19:35
I submitted CP instead of Adjustment of status. I am living in the United States, is this a big issue?
October 15, 2016 at 04:51
You can make that choice – I assume you game them an address outside of the USA.
October 16, 2016 at 00:26
I gave them my USA address. I made a mistake, I didn’t know the difference between CP and AOS. What do you advise me to do?
October 16, 2016 at 14:10
My advice is that you LEARN the difference between AOS and CP, then decide which way you will process. As you gave a USA address they will be assuming you are processing AOS, not CP. The thread below has a spreadsheet where AOS is described and AOS is compared to CP.
October 24, 2016 at 17:57
I am now in the US on H1b visa and won the 2016 lottery with case number EU002xxxx, so my case should become current around April 2017. I would like to proceed with AoD, I uploaded my ds260 in June. What is the next step? When should I pay the 300$ fee to the USCIS? And also, I often hear people mention the 2NL, how does that work for AoS?
October 24, 2016 at 18:10
The best AOS info is at the link below. Read the spreadsheet linked from the first post.
October 24, 2016 at 18:13
Thanks Simon, I really appreciate your help!
November 2, 2016 at 00:13
I am Philip from Ghana and I have two issues that I need your help on.
1. A friend of mine in the US registered me in the 2018 dv program but on the marital status column instead of entering my status as divorced, he made it unmarried. I will like to know if I will be allowed to correct this error before the interview if I am selected?
2. Can one still partake in the dv program if you have ever faced deportation from any other country other than the US for overstay?
November 2, 2016 at 00:36
1. That is a serious error – it might result in disqualification.
November 2, 2016 at 06:27
Thank you much Simon I really appreciate your help
November 2, 2016 at 06:45
But Simon, is it likely that questions concerning my past immigration status from another country come up during the interview for example why I overstayed? Or can they fish out information about my deportation from the country that I was deported from?
November 2, 2016 at 16:31
I don’t know.
February 3, 2017 at 01:11
Thanks for running this awesome website!
My case will be current in April (adjusting from h1b, won dv lottery). One of the forms in the aos package requires me to fill in the last date and point of entry to the US, which for me was 6/2016. I will be going back to Europe for vacation for 3 weeks in April.
My question is:
Can I run into trouble if I leave the US for 3 weeks right after sending the aos package? (The I-485 will say that my last date of entry is 6/2016 when actually at the time of interview it will be 4/2017)..
February 3, 2017 at 03:25
I avoid answering AOS questions. POst your questions on this link.
May 2, 2017 at 03:18
Hi Brit Simon. Awesome website. Thanks so much.
Today I found out my mail had gone missing and I had actually been selected for 2017. Absolute nightmare!
Anyway I have today, in a panic tried to get everything going in the hope that I will be able to get it processed by 30 september.
I would so love your thoughts!
My facts are these –
I’m Australian but am residing in Los Angeles with my husband. I’m on an o1 visa and he is on an o2. I was selected for the visa lottery
My case number is (2017OC11xx)
– today I Completed ds-260 form for us both
– I sent a cheque for $660 for diversity fee ($330 per person) to department of state
Now it seems after receipt of invoice that I have paid the fee, I have the option of either:
1) applying for adjustment of status via form I-485
2) Applying through the consulate
Given the lack of time I have, what do you suggest will be quicker (I read your article that you feel the consulate would be slightly quicker)? Can I pay for premium processing for adjustment of status though? Can I get quicker processing I have an immigration attorney file the adjustment of status?
Also, if I apply for adjustment of status, I am going to Europe for 7 days at the end of may. Will I have to apply for parole so I can travel or am I ok?
Sorry for all the questions… really appreciate your help….. thanks a million!!
May 2, 2017 at 06:04
Well congrats on your selection. You already made another mistake. The $660 is ONLY paid that way (to DoS) *IF* you do AoS. If you do CP, that fee is paid on the day of the interview. So – if you do CP – you will have to pay that fee again. Having said that I wonder what you entered on the DS260 – as you have to choose CP or AoS on that form.
Now – the reality is, either method (AoS – adjustment of status or CP – consular processing) will work, and both can be done by the end of the year. There are pros and cons of both methods – the biggest pro of AoS is that you won’t have to travel back “downunder” to take an interview. The trip in May is tricky for AoS although I would recommend you run that by an expert (more on that later). If the trip were to be a problem you could simply file AoS when you return – there would still be time to process your case.
On the other hand CP processing would mean waiting for your DS260 to be processed (about 4 weeks minimum) and then hoping to get scheduled for the next available interview batches. The August interviews would be set for DS260s processed by June 1 – so you *might* squeeze in to August, or you could be in September interviews. With CP, you arrive in Aus a few days before the interview, and then would have your passport back within a week or so after the interview – all of that in August or September – as I mentioned. Sydney ONLY interview on Tuesday mornings – so you can pretty much predict the likely days for interviews (1st or second Tuesday in August or September).
Now – the expert thing. Should you hire a lawyer. If you do they will almost certainly screw up your case. Lawyers don’t know DV case processing. DV cases are about 5% of immigration cases per year and 95% of those are CP. Most DV AoS cases are self filed (because it is normally very easy), so American lawyers probably handle 100 – 200 cases TOTAL per year. Across the whole country. So – good luck in finding a lawyer that knows what they are doing with DV cases.
Luckily for you there is a real expert on DV AoS and she is awesome. She is “Sm1smom” at the thread below. In the first post of the thread you will find a link to a spreadsheet with all the info you need to handle your own case. Everything. What you are still unsure about you can ask in that thread and “Mom” will answer (she has helped hundreds, probably thousands, of people go through DV AoS). I also hang around there and will answer questions there or here. Additionally you will find other Aussies that can advise on things like which police check to choose and so on.
So – read the spreadsheet, pick your method and get going. DV AoS cases process faster than normal AoS cases so premium processing is not needed or even an option. There is time for either method.
May 2, 2017 at 18:19
You are an absolute champion! Thank you so much for this…. It made it all a lot clearer and I am so so happy to hear that the adjustment of status processing time is quicker than normal processing time for adjustment of status. That was my main concern.
And I think you are right, I will file my AOS docs after returning from Europe – I probably won’t have received the receipt for payment of the $330 till then anyway. And in the meantime will gather all my docs and look carefully at Sm1smom. That spreadsheet is unbelievable!! I don’t like the idea of hoping I can get an appointment at the consulate in Sydney on just one day a week… think i’m better off getting all my documents ready and doing it here in the USA.
One other question, the status says current on the bulletin for oceania. My reading of this (having read your detailed explanation) is that this means there are enough visas for all numbers in that region… is that correct? I assume the status doesn’t move backwards ever from Current to only available for certain numbers?
Thanks again for this. Really REALLY appreciate it!
May 2, 2017 at 19:51
Yes OC region is completely current – so there are enough visas. The only thing you will need to do is submit the I-485 and potentially nag the FO (via Infopass appointments) to schedule your case for interview. But really – it should be a problem. I have known people submit in late August for AoS and still get processed in time.
November 29, 2017 at 20:31
If at the time of winning the DV lottery, my entire family and i are vacationing in the US, Can i do an adjustment of status or would that disqualify me and my family?
November 29, 2017 at 21:43
It is unlikely to be possible since you are “picked” in May and cannot start an adjustment for 6 to 18 months after that.
January 24, 2018 at 09:07
How are you? I home you are doing well.
First for every single word you are writing to us.
Second when I submit my DS-260 it doesn’t shows any fees payment and I live in the United States so when should I make the fees now or when my visa number will be available?.
Btw my visa number will be available I think next July so what’s your advice for me?.
January 24, 2018 at 15:08
Are you planning to adjust status in the USA or process in your home country?
January 24, 2018 at 18:48
Yes I’m planning to adjust my status
January 24, 2018 at 18:52
There are no fees to pay with the DS260. But for AOS you pay a fee.
Get full information for AOS from the link below. Make sure you read the spreadsheet linked from post 1 of that thread.
January 25, 2018 at 07:50
Thx Mr.simon I read the spreadsheets and it’s full of informations thank you so much.
I have one last question: my vis will be available probably at June or August so what will be the perfect time to send AOS package cuz it made me confused some people in the time line in spread sheets their interviews were in August but the sent the package before there visa get current so what’s the perfect time to send the package in your opinion?.
You are the best and thx for everything you are doing to help us.
January 25, 2018 at 17:06
AOS cases can use an early filing policy. As soon as your case number is announced in the VB, you can file. That gives an extra 6 weeks or so.
March 22, 2018 at 23:35
My case number is 2018AS12XXX and I have already received 2NL for AOS processing after submitting the DS-260 last year. As my case number is quite high, I am considering changing from AOS to CP. Do you know what are the steps involved to do that and how long it would take?
Thank you for your kind help!
March 22, 2018 at 23:39
In order to change to CP you would need to contact KCC. They may ask which embassy you want to be interviewed at – but it would normally be your home country. Background checks would need to be performed (as they would not have been done for an AOS DS260). So – you certainly should NOT wait until the last minute to make the decision. Decide and change no later than mid May.
March 22, 2018 at 23:54
Thank you for the advice. In the 2017 immigration forums for AOS, they had cases where visas ran out before background checks for AOS could be completed. Are those the same background checks you refer to?
Also, are the background checks done internationally in countries lived in after turning 16 years?
March 23, 2018 at 02:46
I was discussing CP. AOS checks are slightly different.
There are various background checks – they don’t publish details.
April 9, 2018 at 17:52
Is AOS still possible if you have entered the US through the visa waiver program?
Also, this blog (https://bit.ly/2qaR26S) recommends filling for AOS rather than CP as I “risk receiving an arbitrary decision by consular authority” I am planning on CP – what are your views on this blog?
April 12, 2018 at 00:10
Thast is bad advice. Anyway – see if you get selected first.
June 1, 2018 at 19:40
Your website is amazing so thank you very much. I was one of the lucky few blessed with the opportunity to apple for a green card in DV2019. I am currently in the US (NYC) on a dual-intent NIV until mid 2020. Although the AOS seems the likely option, I am looking more towards CP in Montreal (I am a Canadian Citizen), which is not that hard to get to from NYC.
The main reason for choosing CP in my case is because of the USCIS FO in NYC which is pretty bad with backlogs. I have also read the concerns that any sudden changes in requirements for visas from the current WH administration could easily overwhelm the FO in NYC and delay out the processing via AOS. Thankfully I have a decent CN – AS000013XX.
My question is – can I apply for CP if my current address is in NYC, and I plan on living and working here during the process and only commuting to Montreal for medical interviews and the like. I do have an address in Canada if one is required for any type of local deliveries but my main concern is being here while the CP is in process. My initial impression is there should not be a problem since my visa is a dual-intent visa. And of course – if you have any advice if you were me, in terms of which option you would choose – and I fully recognize this is strictly an opinion and not any form of legal advice 🙂
June 1, 2018 at 20:24
You can only perform CP in a country where you reside. You have managed to scare yourself unnecessarily about AOS because you don’t appreciate that DV cases move faster than regular AOS cases. Your number is low, you have plenty of time for AOS.
June 20, 2018 at 19:30
I am brand new on this forum. My case is up now as July Bulletin in July 2018 and I already applied to USCIS(i-485) and received 767C the receipt & alien number. Basically just waiting for my fingerprint appointment to be set up.
My status was J1. Applied I-539 for F1 (Pending)
Then I submited I-485 and now waiting for this. (Pending)
I communicated KCC as I was going to apply through USCIS. And paid $330.00 DV Visa processing fee.
As you already know September 30 is the last date for the fiscal year 2018.
So do you think i can get approval on time? or any opinions?
I appreciate in advance for your responses.
June 20, 2018 at 20:02
You have enough time.
August 7, 2018 at 20:56
Thank you for all the above, definitely helps. I’m still a little concerned about travel bans. I’m on an E3 (NOT dual intent) and located in the US. I am supposed to go on holidays in 2 weeks to Spain but have submitted my DS-260 which suggests intent to immigrate. Am I able to travel without damaging my application? If I go the CP route, do you think I’d be ok?
August 7, 2018 at 22:26
Mom has answered you fully and correctly.
August 7, 2018 at 21:48
If I go for the CP instead of AOS will I be ok to travel? Do you know anything about the travel restrictions?
August 7, 2018 at 22:32
Again, Mom has answered.
August 17, 2018 at 05:57
heads up – the link to travel.state.gov is dead again
August 17, 2018 at 15:11
They changed all their navigations. I have some work to do – and will when I get some time. Fixed this one though.
September 14, 2018 at 21:26
I am currently resident in the US (Florida) and on a H1B Visa. My case number – 2018EU23*** – became current for September in the July Visa Bulletin. My Form I485 has been filed for myself, my wife and my daughter and has just been transferred from Lockbox to the National Benefits Center today (September 14th). We all have been given receipt numbers.
As you can probably imagine, we’re getting more and more anxious as we are now only 2 weeks away from our September 30th deadline. Can anyone suggest a way to get this case over the line in time? Aside from booking multiple Infopass appointments and ringing the USCIS Helpline, I’m not really sure whether there is anything else we can do at this stage.
September 14, 2018 at 22:01
You have left this VERY late. Why did you not file in July???
You can book infopass appointments, but there are some things (such as the background check) that could be slow depending on your origin country, travel history and occupation. Othert than that AOS needs time – and that is why the early submission policy exists.
September 14, 2018 at 22:13
“Why did you not file in July??”
The simple answer is that for the first 2.5 weeks after July 14th (date of Visa Bulletin), I was waiting for a “2nd Notification Letter” – I was obviously mixing up Consular Processing with Adjustment of Status.
The first step was for me to send off a check to the Department of State in Missouri to get the process started. I had informed Kentucky Consular Center of my intention to follow the AoS process last year….but I was waiting for communication from someone (not sure who)!!
Since then, I don’t think I could have done things faster. In fact, my lawyer (and yes, I saw your earlier post about not hiring lawyers) said that we couldn’t file our Form I485 until after September 1st. That’s part of my problem, anyone I ask (be it USCIS, lawyers) seems to have a different answer to the same questions.
Incidentally, I’m from Ireland, work in IT and spent all my working life in Ireland, UK and the US.
September 14, 2018 at 23:21
Oh man. Very frustrating.
USCIS will not advise you correctly – and as the comment from your lawyer proves, they are worse than useless in DV AOS cases.
Luckily for you, your travel and work history will allow fairly fast background checking.
I assume you are aware on “Mom’s thread – and there is almost no time to do anything more (although maybe a congressman could help) but here is the thread in case you don’t have it. https://forums.immigration.com/threads/dv-2018-aos-only.336256/
If you have not yet had the biometrics you might want to try a walk in – and for sure get a couple of infopasses lined up.
You need the following:
Biometrics (try a walk in)
FO request the file from KCC (push for that at an infopass)
Background check (you can ask for an expedite – but that rarely works)
Interview appointment at the FO (push for that at the Infopass)
Get an infopass for next week and the week after. Try and win over the staff at the FO to get them to help you over the finish line. You can be approved as late as the 28th, but on the following Monday, no chance.
You still have a chance – but this should have been far easier. Best of luck!
September 14, 2018 at 23:24
Thank you Simon, appreciate it. Congratulations on the website, btw.
September 16, 2018 at 17:46
Just one further follow-up on your suggestions Simon. This point –
“FO request the file from KCC (push for that at an infopass)”
I assume you’re referring to our DS 260s? According to mom’s spreadsheet, KCC won’t even bother processing these since we had chosen the AoS route.
The reason i ask is that there is one mistake on mine. The part where it asks about your last 5 visits to the US – i left my 3rd last visit off the form accidentally. I assume it doesn’t matter as a) USCIS have our I94 number and easily look up our arrivals/departures from/to US, b) we have been living in the US for the past 4 years and c) they’re not really interested in the DS 260 anymore – the I485 is the “document of record” for them?
September 16, 2018 at 20:50
For AOS cases, the DS260 is not processed, but by submitting it, KCC open a “file”, which the FO will later request.
September 17, 2018 at 23:41
Thank you Simon:
I have another question that I think you might be able to help me with:
What exactly does the Form I-797C/Notice of Action that is being sent to me by lockbox contain?. Is it just a receipt for the payment of the biometrics fees?, or does it contain an appointment date for the biometrics?
To try and do a walk-in for the biometrics, do I need to bring this I-797C receipt with me?
September 17, 2018 at 23:55
As I have mentioned – I try not to get involved in AOS cases. Use Mom’s thread.
January 18, 2019 at 16:49
I am the winner of 2019 lottery with case number: AS8000, I had my university acceptance letter last week and I want to apply for J1 visa.
If I enter US with J1 visa, could I start my AOS before 90 days of my entrance? I heard that for immigration visa apply, 90 days should pass after entrance with non-immigration visa. does it apply for DV lottery visa too?
January 18, 2019 at 19:55
That would be a really bad idea. You would be entering the USA with an intent to adjust status – and could get denied just for that. Is it really worth that risk?
April 24, 2019 at 07:02
I really appreciate your efforts in this website. I am a DV 2019 winner and I would like to know if I can enter the USA with B1/B2 Visa (which I already have) and then apply for adjustment of status since I have some circumstances and I may not be able to stay in my country to have an interview in the US Embassy. Please note that I should be scheduled for an interview in June.
Moreover, please let me know the timeline and the process to apply for the AOS.
April 24, 2019 at 13:42
No – you cannot do that. That WILL cause denial.
August 24, 2019 at 23:16
Hi britsimon, I live is USA, I have pending asylum case and now my husband won DV2020. Can we do adjustment of status?
August 25, 2019 at 00:29
Yes, as long as you have not been out of status. Check out this:
June 23, 2020 at 03:45
I applied for the DV2021 lottery and got selected for further processing. As I was in the US on an F1 visa at the time, they asked whether I wanted to do an AOS or CP. Stupidly, I filled out and submitted the DS260 form before finding your blog and chose AOS.
In that time, I actually came back home to Australia (due to class being on hold for a few months because of COVID), and didn’t realise until now that I might have violated AOS status by doing so.
What would you recommend me do? Is it possible to change AOS to CP so I can return to the US and finish my studies? And is there an actual email I’m supposed to get from USCIS that confirms my AOS is pending, or is it automatically registered when I submit the DS260?
Thanks so much
June 23, 2020 at 04:53
AOS questions are best asked here:
September 11, 2020 at 20:42
Hi Simon, can I change from AOS to CP and vice versa at any time? Or is there a restriction where I can’t change after a certain date? I would prefer to do CP, but given the DV ban that was put in place, I might choose to do AOS since I am already here and the ban doesn’t affect AOS.
September 11, 2020 at 21:23
You can change “any time”, but the processes are different – so give yourself time.
September 11, 2020 at 21:34
Hello Brit.I got the 2nl from kcc today,I am one of the plaintiffs.Thank you very much for all the support you gave all this months.
September 11, 2020 at 22:21
May 13, 2021 at 09:25
I have a unique situation and would like some guidance please. I am a NZ citizen, I am currently not technically resident of any country as for work I move between 3 months working overseas and then spend my leave in the USA for 6 weeks. I have a lease agreement for a room that I rent for the periods of time that I am in the US and was going to be going back and forth on an ESTA visa. To my knowledge you cannot have an AOS in the USA on an ESTA is that correct? Or are there exemptions during COVID as it is near impossible at the moment to get back to NZ for CP as the hotel quarantine has been booked out months in advance as well as flights are continuously cancelled? If not, are there any consulates you currently recommend other than NZ for CP if I will have to travel out of the US for my CP? Any guidance you have on this is much appreciated. And thank you very much for all the hard work you have put into providing such excellent guidance and knowledge on this process.
May 14, 2021 at 00:22
No you cannot adjust from an ESTA.
I can’t answer your questions without knowing year/region/case number.
May 14, 2021 at 00:37
My case number is 2022OC2XX.
May 14, 2021 at 02:00
OK – so that is a low number but the very earliest 2022 interviews would be in October – so things could be very different by then. AOS isn’t possible, so go ahead and submit your DS260 for CP – you will have plenty of time later to work it all out.