• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

DV 2016 AOS Only

Before everyone starts shouting "eureka", I would caution against totally relying on the information on that link. The 2008 memo referenced in that archived Q/A has actually since been superseded by another one, USCIS is not 'forced' to approve a case simply because the background check has been pending 180+ days.

A Feb. 2009 memo has since revised the automatic approval of all such applications after 180 days. Such cases cannot be approved by an applicable FO without prior authorization from USCIS headquarters, the new memo actually talks about contacting the headquarters when the case has been pending for 150 days plus, however that process is not as straightforward as it sounds - a case by case specific guidance will be provided by USCIS headquarters.

2009 Memo:
http://www.legalactioncenter.org/sites/default/files/docs/lac/Feb92009namecheckmemo.pdf

More guidance regarding that memo:
http://www.immigrationpolicy.org/clearinghouse/litigation-issue-pages/mandamus
Dear Sm1smom,

Hi. Actually I did my fingerprints 6 month ago (October 15th) and also my interview on Jan 6th. So my case is still pending, based on not received namecheck results.
I read attentionally what you mentioned in the above link. Now, what is your advice for me? I went to infopass, but again heard same. So I was wondering if you could help me by letting me know what should I do in my next infopass? Can I ask the officer to ask the headquarter to request GC based on 2009 memo?
Or should I ask the headquarter individually?
Please help me. I passed 6 month, and it remains just more than 5 months.

I appreciate your support.
 
Hello dear AOS experts. Thank you for being here to help others achieve their dreams. I have a question as i think my case is abit difficult, tried to research alot before posting.

So I have enrolled in DV visa lottery 2017 last October and i entered the US in March with the intention of visiting 2 weeks maximum, but things changed in my country and i needed to stay in the US longer. But since DV results will come soon i decided to immigrate if i was selected. I wanna know will i be eligible to get green card if i file I-485 while still in legal status but fall out of status on the day of interview? My i-94 expires in September. I believe I'll have the chance to file the AOS before my i-94 expires, but i don't think I'll be interviewed as soon. I know it's too early to think of this but it's really important for me to understand my options now than later as my life situation fluctuates alot. Please advise.
 
Hello dear AOS experts. Thank you for being here to help others achieve their dreams. I have a question as i think my case is abit difficult, tried to research alot before posting.

So I have enrolled in DV visa lottery 2017 last October and i entered the US in March with the intention of visiting 2 weeks maximum, but things changed in my country and i needed to stay in the US longer. But since DV results will come soon i decided to immigrate if i was selected. I wanna know will i be eligible to get green card if i file I-485 while still in legal status but fall out of status on the day of interview? My i-94 expires in September. I believe I'll have the chance to file the AOS before my i-94 expires, but i don't think I'll be interviewed as soon. I know it's too early to think of this but it's really important for me to understand my options now than later as my life situation fluctuates alot. Please advise.

If selected, you most definitely don't know if you will be able to submit an AOS package before your I-94 expires in September, contrary to what you think, because that will largely depend on the CN you're selected with if selected. So let's revisit this conversation after the results are released in May.
 
If selected, you most definitely don't know if you will be able to submit an AOS package before your I-94 expires in September, contrary to what you think, because that will largely depend on the CN you're selected with if selected. So let's revisit this conversation after the results are released in May.

It's only those current in October and November who could file before end September, is that correct mom? That means even if you are selected there is a 1 in 6 chance you could file before September. On top of the chances of being selected that means, Hypatia, you have a 1 in 600 chance of being selected and being able to file before your I94 runs out. And no interviews can take place before October. You really ought to be thinking of something else as Plans A, B, C....
 
Dear Sm1smom,

Hi. Actually I did my fingerprints 6 month ago (October 15th) and also my interview on Jan 6th. So my case is still pending, based on not received namecheck results.
I read attentionally what you mentioned in the above link. Now, what is your advice for me? I went to infopass, but again heard same. So I was wondering if you could help me by letting me know what should I do in my next infopass? Can I ask the officer to ask the headquarter to request GC based on 2009 memo?
Or should I ask the headquarter individually?
Please help me. I passed 6 month, and it remains just more than 5 months.

I appreciate your support.

Yes, you may politely reference the 2009 Memo at your next INFOPASS and ask them if it applies to you, no harm in trying. And like I said before, I don't even know for sure if there isn't a new memo in place that has since superseded that.

Of course since you only had your interview back in January, that's the pending date your FO is likely to count your waiting period from, regardless of when your bio took place. 5 months is still a lot of time for them to conclude the case and issue your GC.

While waiting, you can ask your congressman to follow up with your FO on your behalf, if you haven't done so already, keep doing monthly INFOPASS appointments if you can. You can also use the service of the ombudsman, not sure that's of any use to DV cases though because of the time constraints involved. Ombudsman info:

https://www.dhs.gov/case-assistance
 
If selected, you most definitely don't know if you will be able to submit an AOS package before your I-94 expires in September, contrary to what you think, because that will largely depend on the CN you're selected with if selected. So let's revisit this conversation after the results are released in May.

It's only those current in October and November who could file before end September, is that correct mom? That means even if you are selected there is a 1 in 6 chance you could file before September. On top of the chances of being selected that means, Hypatia, you have a 1 in 600 chance of being selected and being able to file before your I94 runs out. And no interviews can take place before October. You really ought to be thinking of something else as Plans A, B, C....

Thank you Sm1smom and SusieQQQ for your quick responses. I surely forgot about the Case number part. I hope I'll be getting a low case number. I guess will only find out this coming may.

I have one thing that is confusing me though, i read alot about AOS from DV and i still cannot figure out what is the actual steps, in this forum people talk about filing DS-260 then pay the DV fees then I-485 , other forums say nothing about DS-260 and they file for I-485 right away!! Can i please request for some clarification on this?

As my current I-94 will only be valid till September, im thinking if i get selected to apply for B2 extension or F1 student visa and enroll for Language course to buy some time, but im extremely worried that any of these applications can get denied. So i kindly request to know what is exactly the first steps when one finds that they are selected for the DV program so i can decide when i can file for extension which im thinking to do before taking any step for the DV.

Thank you all very much your time and inputs are highly appreciated.
 
It's only those current in October and November who could file before end September, is that correct mom? That means even if you are selected there is a 1 in 6 chance you could file before September. On top of the chances of being selected that means, Hypatia, you have a 1 in 600 chance of being selected and being able to file before your I94 runs out. And no interviews can take place before October. You really ought to be thinking of something else as Plans A, B, C....

Yes, that's correct re early filing. And there's no guarantee those early filings couldn't be rejected or denied for that same reason.
 
As my current I-94 will only be valid till September, im thinking if i get selected to apply for B2 extension or F1 student visa and enroll for Language course to buy some time, but im extremely worried that any of these applications can get denied. So i kindly request to know what is exactly the first steps when one finds that they are selected for the DV program so i can decide when i can file for extension which im thinking to do before taking any step for the DV.

Thank you all very much your time and inputs are highly appreciated.

It's fraud to apply for a non-immigrant visa with immigrant intent, i.e. the intent to stay and adjust status.

In any case, you must realise that the chances of selection are extremely low and you really should be focusing on other means to sort out your visa situation rather than hoping to win a lottery. If you do get selected, of course this is then the right place to come. But you can surely understand people here are not going to spend much time on a "what if" scenario.
 
Thank you Sm1smom and SusieQQQ for your quick responses. I surely forgot about the Case number part. I hope I'll be getting a low case number. I guess will only find out this coming may.

I have one thing that is confusing me though, i read alot about AOS from DV and i still cannot figure out what is the actual steps, in this forum people talk about filing DS-260 then pay the DV fees then I-485 , other forums say nothing about DS-260 and they file for I-485 right away!! Can i please request for some clarification on this?

As my current I-94 will only be valid till September, im thinking if i get selected to apply for B2 extension or F1 student visa and enroll for Language course to buy some time, but im extremely worried that any of these applications can get denied. So i kindly request to know what is exactly the first steps when one finds that they are selected for the DV program so i can decide when i can file for extension which im thinking to do before taking any step for the DV.

Thank you all very much your time and inputs are highly appreciated.

The steps we go by in this forum are well documented. The AOS process from start to finish is listed out on a spreadsheet we've created which is linked to the first post on page one of this Thread.
 
It's fraud to apply for a non-immigrant visa with immigrant intent, i.e. the intent to stay and adjust status.

In any case, you must realise that the chances of selection are extremely low and you really should be focusing on other means to sort out your visa situation rather than hoping to win a lottery. If you do get selected, of course this is then the right place to come. But you can surely understand people here are not going to spend much time on a "what if" scenario.

Hi and thank you for your response. I didn't know that trying to extend the legal stay with the intention to adjust status is considered fraud. Good to know. Thank you for mentioning that. I do understand that the chances of selections are very low but due to the time constraints, i thought it won't hurt to prepare, and probebly my questions can help other people in the future.

Thanks again and i sincerely appreciate all the information provided.
 
The steps we go by in this forum are well documented. The AOS process from start to finish is listed out on a spreadsheet we've created which is linked to the first post on page one of this Thread.

I did saw the sheet and have found it very informative and helpful. Thank you Sm1smom for confirming back. Best regards and best of luck to everyone.
 
Hi friends,
Thanks GOD we have biometrics letter after 45 days. They gave us appointment for april 26. my ASC is Hartford CT.
So my question is; my wife is pregnant and almost due date we waiting for baby in any days.
We have any chance biometric do before appointment date? or we have to wait for exact date on paper.
Thanks for your answers...

I'm checked timeliness and i saw some cases did biometrics before appointment date. But i don't know we do anything for that or just walk in ASC any time.
 
A couple of questions:

1) My husband works on an E3 visa here in the US, and earns about $10,000 per month post-tax. Is showing 3 months worth of paystubs and last year's W-2 sufficient to prove that we will not become a "public burden" when we attend our interview? Or do we need to show significant savings in the bank account too? If we need to show savings as well, how much would be a "safe" amount to have sitting in the bank account? $5k? 10k? 15k? 20k? More? We're just wondering how much we need to have sitting in the bank to cover that requirement, or if my husband's job alone will be sufficient. Thanks!

2) We did our biometrics at the end of March, and haven't heard anything yet. Will they send us a letter indicating that the biometrics were completed, or do we just wait for the interview letter at this point? And how long should we wait for the interview letter before doing something like contacting our local congressman, or scheduling an info pass or whatever?

We LOVE this forum! Thank you! It is such a help to navigating the complex and rather stressful waters of US immigration! :-D
 
A couple of questions:

1) My husband works on an E3 visa here in the US, and earns about $10,000 per month post-tax. Is showing 3 months worth of paystubs and last year's W-2 sufficient to prove that we will not become a "public burden" when we attend our interview? Or do we need to show significant savings in the bank account too? If we need to show savings as well, how much would be a "safe" amount to have sitting in the bank account? $5k? 10k? 15k? 20k? More? We're just wondering how much we need to have sitting in the bank to cover that requirement, or if my husband's job alone will be sufficient. Thanks!

2) We did our biometrics at the end of March, and haven't heard anything yet. Will they send us a letter indicating that the biometrics were completed, or do we just wait for the interview letter at this point? And how long should we wait for the interview letter before doing something like contacting our local congressman, or scheduling an info pass or whatever?

We LOVE this forum! Thank you! It is such a help to navigating the complex and rather stressful waters of US immigration! :-D

1. The income by itself is enough to meet the public charge requirement.
2. Wait for a while (a month or two). If you want you can schedule an infopass and check the progress. It is way too soon to think about involving a congressman - nothing went wrong yet.
 
Hi friends,
Thanks GOD we have biometrics letter after 45 days. They gave us appointment for april 26. my ASC is Hartford CT.
So my question is; my wife is pregnant and almost due date we waiting for baby in any days.
We have any chance biometric do before appointment date? or we have to wait for exact date on paper.
Thanks for your answers...

I'm checked timeliness and i saw some cases did biometrics before appointment date. But i don't know we do anything for that or just walk in ASC any time.

Yes, it's possible to get the bio done ahead of the scheduled date. Some ASC will allow a walk in without any question or explanation, some do refuse to do walk ins without a compelling reason. The success of a walk in may also depend on how busy the ASC is as at the time a walk in is being attempted, it's never guaranteed.
 
Okay guys, as of now, the 2016 Timelines is currently a view only document. I've had to disable the editing rights previously available to anyone with a link to the spreadsheet. In spite of the countless appeals made to users to stop sorting and changing the order in which cases are listed, some users are still selfishly doing that. I'm tired of going in time after time to clean up the spreadsheet. Until we're able to figure out a way forward, anyone needing to update the spreadsheet will need to request an editing access.
 
Hi Everyone,
my wife won the DV and our number will be current on 1st of May but we sent the complete file on 4th of April to Chicago as of today we still haven't received any confirmation or any letter for receiving the file by the USCIS even the check hasn't cashed yet?!!! is that normal? i am a bit worried after I've read so many delays in this discussion!
any thoughts?!
 
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