DV 2019 AOS Only

[SusieQQQ]

Yes, as I know, he is a very good asylum lawyer. And yes, he has failed DV 2018 based asylum. But as he mentioned, they have sent AOS in July and the Office responded deny in October. And I don't know which number of DV they have had. As we can see, based on visa bulletin number 2018, only below 26000 were able to AOS. Am I correct?

As someone else has noted, there have been a number of successful asylum based DV cases on these forums. One or two denials which I seem to recall centered around ability to AOS, but certainly a number of successful cases.

If you are trying to suggest your attorney’s denial was because the number was not current - then it shows he knows zero about DV (because the package should never have been sent in if the number was not current) and you should not be using him for DV. By all means keep him as backup for asylum if necessary (he’d probably make more money that way anyway, right?) but use someone else or even no-one but this forum for proceeding with DV. We have certainly had AOS cases here where people have used attorneys who have messed up their cases and jeopardized them getting green cards. An un-knowledgeable attorney about DV can certainly harm your case.

 

[Vazgen]

As someone else has noted, there have been a number of successful asylum based DV cases on these forums. One or two denials which I seem to recall centered around ability to AOS, but certainly a number of successful cases.

If you are trying to suggest your attorney’s denial was because the number was not current - then it shows he knows zero about DV (because the package should never have been sent in if the number was not current) and you should not be using him for DV. By all means keep him as backup for asylum if necessary (he’d probably make more money that way anyway, right?) but use someone else or even no-one but this forum for proceeding with DV. We have certainly had AOS cases here where people have used attorneys who have messed up their cases and jeopardized them getting green cards. An un-knowledgeable attorney about DV can certainly harm your case.

Thank you for your advise. I'll keep in mind. I believe they have done every thing on time, but the office said that they have to go to process in their country. It seems that they didn't want to AOS for DV, and I can't figured out why...

 

[SusieQQQ]

Sounds like something being spun here, anyway, your case, your decision if you want to use this lawyer.

 

[Vazgen]

Sounds like something being spun here, anyway, your case, your decision if you want to use this lawyer.

I am not going to use him for sure... If anybody know a lawyer who familiar in this case, please share contact information.

Thank you SusieQQQ for all!!!

 

[GallivantAbroad]

Hey so I'm a bit worried. I don't have a financial sponsor and my bank statements don't show me having a lot of money. I'm on an F1 (student) visa and most of my expenses are covered by my scholarships. I don't have any debt or ever had a problem with paying for my tuition so I'm wondering if showing that my tuition has been paid in full every semester and the tax forms from the work I did on campus would suffice? If I only sent the mentioned information with the form i-134 will my package be rejected or will I be asked to provide more information?

I'm really nervous about this because obviously I can't work and help myself (outside of campus) because that's illegal to do but I want to get my green card to be able to work and help myself. Thanks.

 

[Sm1smom]

Hey so I'm a bit worried. I don't have a financial sponsor and my bank statements don't show me having a lot of money. I'm on an F1 (student) visa and most of my expenses are covered by my scholarships. I don't have any debt or ever had a problem with paying for my tuition so I'm wondering if showing that my tuition has been paid in full every semester and the tax forms from the work I did on campus would suffice? If I only sent the mentioned information with the form i-134 will my package be rejected or will I be asked to provide more information?

I'm really nervous about this because obviously I can't work and help myself (outside of campus) because that's illegal to do but I want to get my green card to be able to work and help myself. Thanks.

1. You can’t fill out an I-134 for yourself.
2. You will not face an outright denial if there’s concern about your financial capability, you will be given an opportunity to go get an I-134 from a sponsor.

 

[damo1089]

Can one change to CP after getting a notice of action for AOS? Can you apply for CP if an AOS petition becomes abandoned due to international travel?

 

[Sm1smom]

Can one change to CP after getting a notice of action for AOS? Can you apply for CP if an AOS petition becomes abandoned due to international travel?

If the AOS petition formally gets withdrawn before adjudication, you may be able to switch to CP assuming your KCC file hasn’t already been requested by your FO and sent to them accordingly. Bear in mind though, you will have to contact KCC (following the AOS withdrawal) to notify them you plan on changing to CP, wait for KCC to finish processing your DS260 before a CP interview gets scheduled.

I’m not quite sure you can switch over to CP once the AOS petition is adjudged as abandoned though. And I’m not even sure why anyone will contemplate doing that or put themselves in such a situation after bio has already been done.

 

[damo1089]

I’m not quite sure you can switch over to CP once the AOS petition is adjudged as abandoned though. And I’m not even sure why anyone will contemplate doing that or put themselves in such a situation after bio has already been done.

Yeah. I know it's dumb, and hopefully does not happen to me. I'm a pilot in the USA and we just had a domestic flight "end up" in Canada after an unforeseen diversion, so it got me wondering.

 

[Sm1smom]

Yeah. I know it's dumb, and hopefully does not happen to me. I'm a pilot in the USA and we just had a domestic flight "end up" in Canada after an unforeseen diversion, so it got me wondering.

Hmmn! Did you disembark from the plane and go through CBP to get back on the plane?

 

[damo1089]

Hmmn! Did you disembark from the plane and go through CBP to get back on the plane?

Sorry, I wasn't clear. it was another one in my company, not me, thankfully. Still made me think about it nonetheless.

 

[Henriette94]

1. Yes you can make the DV administrative now (before CN comes up on the VB) if you’re able to determine how soon your CN is likely to become current. Just be aware of the fact that if your CN is on the high side and ends up not being current by the end of the FY, there will be no refund.

2. The AOS process spreadsheet covers AOS eligibility criteria. I suggest you take another look at it again - pay attention to the “AOS FAQ” tab on the spreadsheet - it is the first query dealt with on that tab as a matter of fact.

Thank you so much

 

[HHAA]

Hi Mom, my status changed to
Fingerprint Review Was Completed
two days after bio appointment. what does it mean? background check is completed?

 

[Sm1smom]

Hi Mom, my status changed to
Fingerprint Review Was Completed
two days after bio appointment. what does it mean? background check is completed?

Doesn’t mean a lot, don’t read too much into it. Fingerprint review is one of the actions/steps involved with the background checks.

 

[dcms]

Hi mom, I sent my AOS withdrawal letter and it was delivered to field office on 13 December. Im waiting for a response.
1. I just checked for infopass just in case if I wanted to visit in coming month to check on case withdrawal. Website says the field office no longer accept infopass. Is this normal? If we ever wanted to make an appointment what I should do?
2. My number wasn't current in December bulletin as hoped. But Im sure will in next. I sent my Dv lottery fee before 2018 october and already received the receipt. Is it acceptable? should I send it again too?

 

[Sm1smom]

Hi mom, I sent my AOS withdrawal letter and it was delivered to field office on 13 December. Im waiting for a response.
1. I just checked for infopass just in case if I wanted to visit in coming month to check on case withdrawal. Website says the field office no longer accept infopass. Is this normal? If we ever wanted to make an appointment what I should do?
2. My number wasn't current in December bulletin as hoped. But Im sure will in next. I sent my Dv lottery fee before 2018 october and already received the receipt. Is it acceptable? should I send it again too?

1. Yes that is normal. A couple of FOs no longer accept self scheduled INFOPASS appointments online. They’re are trying to discourage people from visiting the FOs for frivolous reasons. Anyone needing to visit any of the FO in this category will need to call the USCIS 1800 number and explain why they need to visit the FO, if the reason is justifiable the INFOPASS appointment gets scheduled. The plan is for all the FOs to eventually fall under this process if it is deemed successful at the end of the trial period.

2. The receipt is fine and good till the end of the FY year, no need for a new payment.

 

[DaDipps]

Hi,

I've come across the following link and was wondering if this also apply to the DV? I was going to do medicals early in the new year (since it is valid for at least a year), but will not be able to do so 60 days before filling if this applies:

USCIS is revising policy guidance for the validity period of Form I-693, Report of Medical Examination and Vaccination Record.

The updated policy, which goes into effect on Nov. 1, 2018, will require applicants to submit a Form I-693 that is signed by a civil surgeon no more than 60 days before filing the underlying application for an immigration benefit. The Form I-693 would remain valid for a two-year period following the date the civil surgeon signed it. As such, USCIS is retaining the current maximum two-year validity period of Form I-693, but calculating it in a different manner to both enhance operational efficiencies and reduce the number of requests to applicants for an updated Form I-693.

USCIS officers use Form I-693, Report of Medical Examination and Vaccination Record, to determine whether an applicant for an immigration benefit in the United States is inadmissible under the health-related grounds of inadmissibility. By specifying that the Form I-693 must be signed no more than 60 days before the applicant files the underlying application for which Form I-693 is required, the validity of the form is more closely tied to the timing of the underlying application.

Additionally, requiring submission of a Form I-693 that was signed no more than 60 days before the date the underlying application was filed may, in some cases, maximize the period of time Form I-693 will be valid while the underlying application is under USCIS review. Officers will still have the discretion, as they have always had, to request a new Form I-693 if they have reason to believe an applicant may be inadmissible on the health-related grounds. Delays in adjudicating the underlying application will also be reduced if fewer requests for updated Forms I-693 are necessary.

More detail around this will be much appreciated. I'd post a link, but the forum doesn't allow for it.

Thanks!

 

[Sm1smom]

Hi,

I've come across the following link and was wondering if this also apply to the DV? I was going to do medicals early in the new year (since it is valid for at least a year), but will not be able to do so 60 days before filling if this applies:

USCIS is revising policy guidance for the validity period of Form I-693, Report of Medical Examination and Vaccination Record.

The updated policy, which goes into effect on Nov. 1, 2018, will require applicants to submit a Form I-693 that is signed by a civil surgeon no more than 60 days before filing the underlying application for an immigration benefit. The Form I-693 would remain valid for a two-year period following the date the civil surgeon signed it. As such, USCIS is retaining the current maximum two-year validity period of Form I-693, but calculating it in a different manner to both enhance operational efficiencies and reduce the number of requests to applicants for an updated Form I-693.

USCIS officers use Form I-693, Report of Medical Examination and Vaccination Record, to determine whether an applicant for an immigration benefit in the United States is inadmissible under the health-related grounds of inadmissibility. By specifying that the Form I-693 must be signed no more than 60 days before the applicant files the underlying application for which Form I-693 is required, the validity of the form is more closely tied to the timing of the underlying application.

Additionally, requiring submission of a Form I-693 that was signed no more than 60 days before the date the underlying application was filed may, in some cases, maximize the period of time Form I-693 will be valid while the underlying application is under USCIS review. Officers will still have the discretion, as they have always had, to request a new Form I-693 if they have reason to believe an applicant may be inadmissible on the health-related grounds. Delays in adjudicating the underlying application will also be reduced if fewer requests for updated Forms I-693 are necessary.

More detail around this will be much appreciated. I'd post a link, but the forum doesn't allow for it.

Thanks!

Yes this is applicable to DV base AOS petitions also. This has been discussed/pointed out on this thread a couple of pages back.

 

[J2nyi]

Hey so I'm a bit worried. I don't have a financial sponsor and my bank statements don't show me having a lot of money. I'm on an F1 (student) visa and most of my expenses are covered by my scholarships. I don't have any debt or ever had a problem with paying for my tuition so I'm wondering if showing that my tuition has been paid in full every semester and the tax forms from the work I did on campus would suffice? If I only sent the mentioned information with the form i-134 will my package be rejected or will I be asked to provide more information?

I'm really nervous about this because obviously I can't work and help myself (outside of campus) because that's illegal to do but I want to get my green card to be able to work and help myself. Thanks.

Hay i have same situation like you, thou it seems evidence of financial support is not required for DV selectee filling I-485, i read one of the post of a successful person on this forum he said he went with I-134 but the officer didnt want it. Check on this attached I-485 instruction from the USCIS document. So we should be good even without I-134. Try ur level best to read the instructions documents from USCIS for each form ur filling they have useful information either. Regards an best wishes.

 

[Sm1smom]

Hay i have same situation like you, thou it seems evidence of financial support is not required for DV selectee filling I-485, i read one of the post of a successful person on this forum he said he went with I-134 but the officer didnt want it. Check on this attached I-485 instruction from the USCIS document. So we should be good even without I-134. Try ur level best to read the instructions documents from USCIS for each form ur filling they have useful information either. Regards an best wishes.

So you assume I’m not aware of what is written on the I-485 form instructions (which is wrong by the way). You think the advice I provide asking people to prepare/provide financial documents is just meant to stress them out?

My initial instinct was to ignore this rather misleading post, but for the sake of those who decide to rely on what it says and are likely to get caught off guard (due to lack of inadequate preparation that they could have done otherwise), I decided to respond with links to at least two cases from the DV2018 AOS Thread where evidence of financial support were requested:

Interview Letter explicitly asks for an I-134 to be presented

Main selectee requested to complete an I-134 for spouse - while this is an unusual situation, it clearly supports the fact that the IO can request for an I-134 (and they clearly should if there’s concern about someone’s likelihood of becoming a public charge).

The IO’s refusal to collect an I-134 “one” selectee you’ve read about is no conclusive proof that document is not required. You need to be aware of the fact that each petition is dealt with on an individual basis, each FO/IO’s treatment of the petition they process is intuitive. There are other DV based AOS petitions outside of the two listed above where the I-134 also played a prominent role in their approval just so you know.