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Immigration Issues/AOS or Consulate processing?

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Question
I contact you as I need your consultation regarding my application for green card in the U.S.A..

First of all, I already have an F-1 visa which will be active from the coming August since I have been admitted into a master program at a U.S. University. At the same time, I have been selected from the 2013 Diversity Visa lottery for further processing (Case Number below 2013XXXXXXX1400) . Therefore, I would like to ask the following questions:

Should I proceed with AOS or Consulate processing? Which process is beneficial for my case?
Since I am moving to the U.S.A. on August, when is the right time to initiate the process?
Are there any risks for my F-1 visa?
Thank you in advance for your time and professional courtesy to review my case.

Answer
Dear George,

1. There should be little risk of your F1 because no immigrant visa petition has been filed on your behalf.  Winning the lottery does not equal immigrant intent and therefore you will still be able to use your F-1 visa to enter the US.

2. After you move to the US, you will be contacted by USCIS to begin the adjustment of status application.  When your priority date is current, you can file the adjustment of status paperwork in the United States.

3. I believe you should definitely apply for adjustment of status instead of consular processing because you are already in the United States.

Jack C Sung
attorney at law

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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