Adjustment of Status

Weigh Your Options

A DV AOS Application is processed by USCIS. You – and if applicable family members – can have the Medical Examination and the Visa Interview in the U.S. No travel expenses and no absence from study or job.

However the procedure for a DV AOS takes more steps than a DS-260 Application followed by CP. This means longer processing times. If you are a winner with a higher ranking Case Number it can result in a risk that the Visa Numbers for your Region/country are exhausted before your application is finalized.

If you opt for AOS make sure your application is complete and faultless. A mistake can trigger a Request for Evidence (RFE) asking for correction. That will cause your procedure to take longer and elevates the risk that you will end up ‘empty handed’.

Nota Bene: If you go for AOS and pay the DV Surcharge, but then decide to change to CP the money will not be paid back. Nor can it be used for another part of your application.

Some issues to look into and/or to discuss with an attorney:

  • Current and expected waiting times for Visa Interview appointments at USCIS Field Offices.
  • Method used to allocate Visa Numbers for DV AOS vs. method used for DV CP Visa Number allocation.
  • Processing times at the Embassy or Consulate in your country of origin.
  • Possible problems regarding Immigration Intent especially if you are a student in need of visa renewal.
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