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DV 2025 AOS (Adjustment of Status) Process Only

bla111 said:
Hey everyone. As expected, yesterday received denied letters for me (1.jpg and 2.jpg) and my wife (3.jpg and 4.jpg) . What do you think guys ? @SusieQQQ @Sm1smom

I am especially curious why they wrote that the wife should leave the states within 33 days? She has filed forms I-589 and I-730.

What do they mean about the waiver? Does it make sense?

Thanks. I appreciate.

P.S. Updated the sheet
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Sorry again to learn of your denial and thanks for returning to update the forum. There's really nothing else to it, unfortunately; that process is over.

Regarding asking your wife to depart from the US within the next 33 days, that is the standard wording following a denial. The notice is not mindful of her pending asylum application.

Some AOS applicants (such as the spouse or child of a USC or LPR), deemed ineligible to apply for AOS based on having accrued an unlawful presence may be eligible to file for a waiver forgiving the ineligibility, (if they're able to demonstrate their US relative would suffer extreme hardship). Neither you, nor your wife are eligible for the waiver, however your denial notices mention them as part of the standard wording on a denial notice.
 
I found out I was selected in the H-1B lottery. My employer is proceeding with the I-129 petition. I've talked with my employer's law firm about the possibility of me filing for AOS and they recommended that we file I-129 through consular processing. Additionally, a friend of a friend who is a CO at an FO that is not my FO has confirmed in an unofficial capacity that a pending I-129 has no bearing on the I-485 and those two filings will be adjudicated by different branches of the USCIS. I guess right now I feel comfortable that I-485 won't be jeopardized by I-129. However, I'm now thinking if having filed for AOS would jeopardize my chances of getting the H-1B visa at the consulate (assuming I don't get my Green Card and have to go through with H-1B) as I will have demonstrated immigrant intent.
 
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Stoic Turk said:
I found out I was selected in the H-1B lottery. My employer is proceeding with the I-129 petition. I've talked with my employer's law firm about the possibility of me filing for AOS and they recommended that we file I-129 through consular processing. Additionally, a friend of a friend who is a CO at an FO that is not my FO has confirmed in an unofficial capacity that a pending I-129 has no bearing on the I-485 and those two filings will be adjudicated by different branches of the USCIS. I guess right now I feel comfortable that I-485 won't be jeopardized by I-129. However, I'm now thinking if having filed for AOS would jeopardize my chances of getting the H-1B visa at the consulate (assuming I don't get my Green Card and have to go through with H-1B) as I will have demonstrated immigrant intent.
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H1b is a dual-intent visa, therefore your "immigrant intent" with AOS is irrelevant. Keep in mind that you cannot do CP for H1b while your AOS is pending though. Once you file I-485 you cannot leave US without abandoning your petition. There'll be no time to get AP.
 
lofikdro said:
I am wondering at what point should one plan to ask for update regarding their case or initiate congressional inquiry?
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You can always contact USCIS at any point during the process to ask for case update. As to congressional inquiry, there's no "one size fits all" timeframe. It really depends on several factors such as when you filed, how long your case has been pending, your FO's typically practice as related to DV based AOS applications, etc.

p.s. do update your case progress on the Timeline spreadsheet.
 
lofikdro said:
I am wondering at what point should one plan to ask for update regarding their case or initiate congressional inquiry?
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I am just sharing my experience for congressional inquiry however as mom said it will be also depending on other considerations.

As we have to come back after interview without any decision due to background check pending, but I started to request congress inquiry after 1.5 months from interview. (5.5 months after initial filing)
- 12nd March - Contact congress inquiry
- 13rd March - Congress office contacted our email to provide necessary documents.
- 14th March - We provided necessary documents, consent form that they send, written letter that stated due to financial & career impact.
Congress office replied on the same day that, they review our documents and follow up with USCIS.
- 17th March - I inquired with Emma and being said that USCIS review the case on 15th March.
- 2nd April - Case approved.

Brooklyn, NY

Our congressman is quite attentive and we also informed him once case is approved. He also said, let him know if we received the card smoothly too.

Thanks
May
 
I think my CN will become current in the upcoming VB this week. I'm becoming anxious doing all this under the new administration :( . So I wanted to clarify one point.

I'm an F1 student and maintained lawful presence for my entire stay in the U.S., no unauthorized work, no citations, no misreps, etc. -- let's assume I fully qualify for AOS. However, for some technical reason, let's say my DV case is denied (e.g., cross-chargeability is rejected). My F1 visa stamp and I-20 are valid until June 2028 and I plan to continue to maintain F1 status.

What can happen to my ability to continue as an F1 student in case of AOS DV rejection? Will I get a removal order? Will SEVIS be terminated?

I know that according to USCIS’s Policy Manual (Vol. 7, Part B, Ch. 3), an AOS denial doesn’t automatically invalidate underlying status if maintained properly, but given what's going on in the current political climate, I'm getting nervous about different and new interpretations...any advice to calm me down :)
 
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azatinusa said:
I think my CN will become current in the upcoming VB this week. I'm becoming anxious doing all this under the new administration :( . So I wanted to clarify one point.

I'm an F1 student and maintained lawful presence for my entire stay in the U.S., no unauthorized work, no citations, no misreps, etc. -- let's assume I fully qualify for AOS. However, for some technical reason, let's say my DV case is denied (e.g., cross-chargeability is rejected). My F1 visa stamp and I-20 are valid until June 2028 and I plan to continue to maintain F1 status.

What can happen to my ability to continue as an F1 student in case of AOS DV rejection? Will I get a removal order? Will SEVIS be terminated?

I know that according to USCIS’s Policy Manual (Vol. 7, Part B, Ch. 3), an AOS denial doesn’t automatically invalidate underlying status if maintained properly, but given what's going on in the current political climate, I'm getting nervous about different and new interpretations...any advice to calm me down :)
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You already know what the policy manual says. Outside of that, no one here can authoritatively say what can or will happen in these present times.
 
Sm1smom said:
Current address.
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Thank you, mom.
I sent the payment 3 weeks ago and it has been cashed out 2 weeks ago.
I still have’t received my receipt. I sent them an email regarding the status of the payment and this is what they have been telling me.
They say the payment process hasn'tt been completed for receipt processing but it is weird because the payment has been cashed 2 weeks ago.
Do you have any idea about the reason for this
IMG_0947.jpeg
 
zsoumaho said:
Thank you, mom.
I sent the payment 3 weeks ago and it has been cashed out 2 weeks ago.
I still have’t received my receipt. I sent them an email regarding the status of the payment and this is what they have been telling me.
They say the payment process hasn'tt been completed for receipt processing but it is weird because the payment has been cashed 2 weeks ago.
Do you have any idea about the reason for this
View attachment 6338
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Hi. Cashed in and processed are not the same thing. It may take couple of weeks for KCC to process the payment and send the receipt. I got mine 3 weeks after cashed in.
 
Hi all, had interview today - went smoothly.

Immigration Officer was extremely kind and nice to deal with, he said everything should be all good and he has to do a final background check, will receive decision or RFE if he needs anything else in about 4 weeks. Also received the standard letter “held for review”.

Nothing out of ordinary was asked, just regular 485 questions.

Based on this, what does “final background check” mean? Is 4 weeks realistic timeline? Or is that something standard they say?

Thank you for your help so far!
 
Hi everyone.

Just received NEW CARD IS BEING PRODUCED on myUSCIS!

Thank you very much for Mom, Brit, Susie, Xarthisius and everyone who has helped us with this.
I wanted to give a recap of our findings throughout the process in the hopes it may help others:

1. MYUSCIS TRACKING PAGE
My main takeaway was that this is our myUSCIS account as of today
- Filed Oct 1st 2024
- Biometrics completed Oct 17 2024
- New Card is Being Produced April 9 2025 (same day as interview, after a few hours)

I wasn't aware that DV cases get less updates than other cases online, so something to be aware of. I was compulsively checking this for several weeks after biometrics, but this didn't help, and no updates were available anyway. Unless this changes (or ours was a weird case where we just weren't given automatic information) checking this page didn't help us.

2. TIMELINE SPREADSHEET
The timeline is an exceptional tool, going back over a decade (thanks to Mom). I pulled out all of the Los Angeles Field Office listings into my own sheet, and worked out the averages for everything. This helped immensely, and turned out to be very accurate for our case specifically. As an example, although we submitted in October and were originally expecting to get our card in Jan/Feb due to the LA FO averages, I saw that all but 1 LA FO approvals happened in April. After asking in this forum, it turned out that LA FO does "batch processing", meaning they wait until alter in the financial year to start scheduling interviews. We got our interview notice in mid march, but they usually were sent out in mid April. I highly recommend not just looking at all averages, but your Field Office (FO)'s averages. Was extremely helpful to us.

3. READ PREVIOUS FORUMS AND SEARCH
Every time that I had a question, someone had answered it in a previous year. I used the search tool with "This Thread" selected to find the answers to what I was looking for, and it was very rare that there wasn't an exact case of that happening. Highly recommend doing this.

4. USCIS OFFICER AND INTERVIEW
Although I'm sure this may not always happen, our interview was extremely smooth and comfortable, and the officer dealing with us was extremely friendly and kind and made us feel relaxed. We answered his questions to do with our case and the process was very easy. We were nervous (of course) for the interview, but after this experience I realize there was no need to be. We had reviewed everything we had submitted in our AOS package several times over the two days leading up to the interview and were prepared, and this made all the difference too.

5. THANK YOU!!!!
Thank you to absolutely everyone who has helped us, especially Mom and Brit (found this forum thanks to BritSimon). You're both beyond saints and we can't thank you enough for your tireless generosity.

Good luck to everyone and thank you all again :)
 
Hi, just checked in with EMMA and they gave the following info

FINGERPRINT PROCESSING COMPLETE-NON-IDENT

Does this mean the whole background check is clear or just fingerprints and the background check is still pending?
 
Xmb said:
Hi, just checked in with EMMA and they gave the following info

FINGERPRINT PROCESSING COMPLETE-NON-IDENT

Does this mean the whole background check is clear or just fingerprints and the background check is still pending?
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Interesting update. Did you specifically ask if you cleared the background check, and they gave you this reply? They usually respond with very generic wording. I sent a service request today, but if I’m able to ask whether I’ve cleared the background check or not yet, I’ll chat with them tomorrow.
 
omarsn93 said:
Interesting update. Did you specifically ask if you cleared the background check, and they gave you this reply? They usually respond with very generic wording. I sent a service request today, but if I’m able to ask whether I’ve cleared the background check or not yet, I’ll chat with them tomorrow.
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No I did not ask for background check. I did once in the past and was told that they are not sharing this kind of information so this was indeed a surprise today. According to google this is one of four possible statuses for the FBI fingerprints.

I just asked about the case update and got this reply, plus the date it cleared (same day of biometrics).

How did you initiate a service request?
 
Xmb said:
No I did not ask for background check. I did once in the past and was told that they are not sharing this kind of information so this was indeed a surprise today. According to google this is one of four possible statuses for the FBI fingerprints.

I just asked about the case update and got this reply, plus the date it cleared (same day of biometrics).

How did you initiate a service request?
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Fill out the info below and write the latest update you got. Today marks exactly six months from my filing date, which is why I sent. An agent told me your FO will see it and respond to you.
 
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