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Immigration Issues/DV Lottery, F-1 visa, Adjustment of Status

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Question
Hello Ajay I've got a question...

I have just recently returned to Ireland from the US after successfully
completing a J-1 visa program. I am not subject to the 2 year HRR. I am
now in the process of applying for an F-1 visa, so I can return to the
US in August to begin studying. I received my I-20 from the college I
plan to attend before I left the US so I just need to call the embassy
here in Ireland and schedule an appointment. So all in all I shouldn't
have a problem obtaining my F-1 visa.
Now I had previously applied for the DV-2007 lottery while in the US
not really thinking that I'd get it. I had put down my address in
Ireland as I assumed that I'd be back there when the results were
mailed.
Lo and behold today I got the letter saying I've been selected for the
lottery! Now what I want to do is obviously get my green card but as
it's not 100% guaranteed I plan to go over to the US on my F-1 visa and
then apply for a change of status there as soon as the fiscal year 2007
starts on October 1st. I have a couple of questions about this:
1. Is this possible to do?
2. If so do I need to reply to the Kentucky Consular Center before I apply for AOS?
3. Would you recommend this way over consular processing?
4. If you recommend consular processing can I still go ahead and travel on my f-1 visa, begin studies and then just fly back to ireland when my appointment comes up?

Any help would be greatly appreciated..

Thanks & Regards,

Steve Kelly

Answer
Hi Steve,

I recommend entering the U.S. on your F-1 visa and then applying for AOS.

If you apply for consular processing now, you may be denied issuance of F-1 visa (since you will have shown an intention to immigrate to the U.S.). If you apply for consular processing very shortly after receiving the F-1 visa, your F-1 visa may be revoked.

Therefore, my advice is as per the first sentence of my response.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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