mtb
Member
Hi,
I am currently completing Form I-485, and I have a question regarding Part 4, Item 5: “Have you previously applied for permanent residence while in the United States?” I must answer YES, because I previously filed an I-485 based on my DV-2023 selection. The form does not ask about the status of the prior application, but I assume USCIS expects the applicant to explain why they are filing again. For that reason, I am considering adding the following explanation in the “Additional Information” section:
“I WON THE DIVERSITY VISA (DV) LOTTERY IN 2023 AND APPLIED FOR PERMANENT RESIDENCY BASED ON THAT SELECTION. HOWEVER, MY CASE NUMBER WAS VERY HIGH (2023AS0001xxxx), AND BY SEPTEMBER 2023 THE ANNUAL QUOTA OF 55,000 VISAS HAD BEEN REACHED. AS A RESULT, MY CASE COULD NOT BE PROCESSED, AND THE APPLICATION WAS NOT APPROVED.”
Before I do that, I have a few questions:
I would appreciate your guidance on whether I am overthinking this, and what the safest approach is for answering this question.
I am currently completing Form I-485, and I have a question regarding Part 4, Item 5: “Have you previously applied for permanent residence while in the United States?” I must answer YES, because I previously filed an I-485 based on my DV-2023 selection. The form does not ask about the status of the prior application, but I assume USCIS expects the applicant to explain why they are filing again. For that reason, I am considering adding the following explanation in the “Additional Information” section:
“I WON THE DIVERSITY VISA (DV) LOTTERY IN 2023 AND APPLIED FOR PERMANENT RESIDENCY BASED ON THAT SELECTION. HOWEVER, MY CASE NUMBER WAS VERY HIGH (2023AS0001xxxx), AND BY SEPTEMBER 2023 THE ANNUAL QUOTA OF 55,000 VISAS HAD BEEN REACHED. AS A RESULT, MY CASE COULD NOT BE PROCESSED, AND THE APPLICATION WAS NOT APPROVED.”
Before I do that, I have a few questions:
1. Should I actually write this explanation in the Additional Information section, or is it unnecessary? I am not sure whether USCIS expects clarification or whether simply answering “YES” is sufficient.
2. Do I need to include the old receipt notice or denial notice as supporting documents?
I can include the receipt notice if necessary. However, the denial letter is concerning because it incorrectly states that I had to leave the U.S. within 33 days. At that time I was in valid F-1 status and had never applied for the DV-based EAD. I am worried that including this denial letter could be misinterpreted by the FO, even though the information in it is not accurate.I would appreciate your guidance on whether I am overthinking this, and what the safest approach is for answering this question.