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DV 2018 AOS Only

Sm1smom said:
Alright if you believe any other thing listed document on the spreadsheet is not applicable to you.

Yes, the I-485 instruction says DV applicants do not need to send in financial support documents. However there is the underlying requirement to be able to prove one will not become a public charge upon becoming a LPR regardless of what’s stated on the instruction form. As a matter of fact, it is more common for the IO to request those on F or J visa status to present an affidavit of support, especially when their income is below the applicable poverty guideline.

Take a look at the FAQ section of the DV instructions:

38. If I receive a visa through the DV program, will the U.S. government pay for my airfare to the United States, help me find housing and employment, and/or provide healthcare or any subsidies until I am fully settled?​

No. The U.S. government will not provide any of these services to you if you receive a visa through the DV program. If you are selected to apply for a DV, you must demonstrate that you will not become a public charge in the United States before being issued a visa. This evidence may be in the form of a combination of your personal assets, an Affidavit of Support (Form I-134) submitted by a relative or friend residing in the United States, an offer of employment from an employer in the United States, or other evidence.
https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2018-Instructions-Translations/DV-2018 Instructions English.pdf
​
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Hello Mom,

I was thinking back to the quoted post where you rightfully mention that the AOS petitioner must demonstrate not to be a public charge. I will start my medical residency at the end of June (I will provide a letter of intent at the interview). However, my current research contract ends on the 4/26 (along with my J visa) thus for two months I will be technically unemployed.
Do you think this may represent an issue at the time of the interview?

Thank you.
 
Dr. Europe said:
Hello Mom,

I was thinking back to the quoted post where you rightfully mention that the AOS petitioner must demonstrate not to be a public charge. I will start my medical residency at the end of June (I will provide a letter of intent at the interview). However, my current research contract ends on the 4/26 (along with my J visa) thus for two months I will be technically unemployed.
Do you think this may represent an issue at the time of the interview?

Thank you.
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I don’t know but i’ll suggest you look into having an I-134 on hand in case the IO decides you need a sponsor.
 
Hello @Sm1smom ,

I was selected in the DV 2018 lottery and I applied for an AOS in December 2017. I mailed my AOS package on December 11th and I received my Bio letter on December 26th, 2017. I interviewed in the Dallas field office on January 5th, 2018. My interview went really smooth and I was asked just the basic I-485 questions. The officer told me that everything looked good with my application, however, they were still waiting for my FBI background check. The officer said that he typically likes to interview people even if the FBI background check is still pending, since he's aware of the fact that DV visas expire in September. He mentioned that he submitted the request for my background check on December, 15th and said that if it isn't approved after 90 days, he will get it expedited.

It is now a 124 days since the FBI check was submitted and I still haven't heard anything back from USCIS. I made an infopass appointment in March but I could not meet with the same officer that interviewed me. The officer that I did meet with told me that he'd email my interviewing officer and also email the FBI officer that is responsible for handling my case. I am racing against time and I'm extremely worried about the fact that my DV visa will expire in September. I have made a follow up appointment with USCIS on April 24th, 2018 regarding my case.

Typically, how long does the FBI background check take to process? Is there anyway that I can follow up with FBI? I tried calling USCIS helpline number but they said they didn't have access to that information.

Additionally, I'm currently on an H1-B visa but I received my EAD through my I-485 application. Does this mean that I am no longer under H1-B? I'm about to start a new job in June 2018, should I just provide my employer with my EAD card or should I do an H1-B transfer? Also, what would happen if I don't receive my GC by September? Would I also lose my H1-B visa and go out of status?

Thanks for your help!
 
Ebrahim Faheem said:
Hello @Sm1smom ,

I was selected in the DV 2018 lottery and I applied for an AOS in December 2017. I mailed my AOS package on December 11th and I received my Bio letter on December 26th, 2017. I interviewed in the Dallas field office on January 5th, 2018. My interview went really smooth and I was asked just the basic I-485 questions. The officer told me that everything looked good with my application, however, they were still waiting for my FBI background check. The officer said that he typically likes to interview people even if the FBI background check is still pending, since he's aware of the fact that DV visas expire in September. He mentioned that he submitted the request for my background check on December, 15th and said that if it isn't approved after 90 days, he will get it expedited.

It is now a 124 days since the FBI check was submitted and I still haven't heard anything back from USCIS. I made an infopass appointment in March but I could not meet with the same officer that interviewed me. The officer that I did meet with told me that he'd email my interviewing officer and also email the FBI officer that is responsible for handling my case. I am racing against time and I'm extremely worried about the fact that my DV visa will expire in September. I have made a follow up appointment with USCIS on April 24th, 2018 regarding my case.

Typically, how long does the FBI background check take to process? Is there anyway that I can follow up with FBI? I tried calling USCIS helpline number but they said they didn't have access to that information.

Additionally, I'm currently on an H1-B visa but I received my EAD through my I-485 application. Does this mean that I am no longer under H1-B? I'm about to start a new job in June 2018, should I just provide my employer with my EAD card or should I do an H1-B transfer? Also, what would happen if I don't receive my GC by September? Would I also lose my H1-B visa and go out of status?

Thanks for your help!
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Are you from Iran or one of the countries under the travel ban?

1. How long the background check clearance depends on several factors such as if your field of work/study falls under TAL, where you’re from, places you’ve visited in the past, etc. So it’s hard to predict how long any individual’s background check might take. And no, you can’t follow up directly with the FBI.

2. Your H1-B remains intact for as long as you do not use the AOS based EAD card to work for any employer.

3. If you use the AOS based EAD card to start a new job, you’re no longer in H1-B status.

4. If your GC isn’t approved by Sept. 30th and you’ve already used the AOS based EAD card to start another job, you will immediately fall out of status as at Oct. 1st and cannot return to your previous H1-B status.

p.s. when asking more than one question per post, be sure to number the questions to make answering them easier.
 
Sm1smom said:
Are you from Iran or one of the countries under the travel ban?

1. How long the background check clearance depends on several factors such as if your field of work/study falls under TAL, where you’re from, places you’ve visited in the past, etc. So it’s hard to predict how long any individual’s background check might take. And no, you can’t follow up directly with the FBI.

2. Your H1-B remains intact for as long as you do not use the AOS based EAD card to work for any employer.

3. If you use the AOS based EAD card to start a new job, you’re no longer in H1-B status.

4. If your GC isn’t approved by Sept. 30th and you’ve already used the AOS based EAD card to start another job, you will immediately fall out of status as at Oct. 1st and cannot return to your previous H1-B status.

p.s. when asking more than one question per post, be sure to number the questions to make answering them easier.
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I apologize for not numbering the questions.

1. I am not from Iran. I am from Dubai, U.A.E. I came to the U.S in 2012 on an F-1 visa and I graduated with an undergraduate degree in May 2016. I am currently enrolled in a graduate program and I will graduate in May, 2018. My H-1B petition was approved in March 2018. My case should be fairly easy to process as I have always maintained my status and never been out of status, so I don't understand the delay.

2. So should I ask my new employers to do an H1-B transfer instead?

3. What do you recommend I do to follow up with USCIS regarding my case?

Thanks again!
 
I think this is a good time to stop asking and thinking about the assumption that being from those 6 countries can make a delay for background check. My friend from Iran was current in Feb and she went FP on March 1st and she received her GC in first week of April
 
Akramjoon said:
I think this is a good time to stop asking and thinking about the assumption that being from those 6 countries can make a delay for background check. My friend from Iran was current in Feb and she went FP on March 1st and she received her GC in first week of April
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Iranian women tend to have faster background checks than Iranian men. This is similar to CP cases where an Iranian man has a very HIGH chance of long AP process, whereas Iranian women have less possibility of that sort of AP. The obvious difference is military service that is required for men over 18 in Iran. Military service is not the ONLY factor that requires background checks - but it is a factor that is different between men and women.
 
Akramjoon said:
I think this is a good time to stop asking and thinking about the assumption that being from those 6 countries can make a delay for background check. My friend from Iran was current in Feb and she went FP on March 1st and she received her GC in first week of April
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FYI: this is not making an assumption. We didn’t just start noticing the trend about extensive background checks spreading over months for those from Iran in particular. It is a common trend, and not just for DV based AOSers alone, employment and family based AOSers from those regions could be on AP for up to one year and above due to pending background checks. Your one friend is an exception.
 
Ebrahim Faheem said:
I apologize for not numbering the questions.

1. I am not from Iran. I am from Dubai, U.A.E. I came to the U.S in 2012 on an F-1 visa and I graduated with an undergraduate degree in May 2016. I am currently enrolled in a graduate program and I will graduate in May, 2018. My H-1B petition was approved in March 2018. My case should be fairly easy to process as I have always maintained my status and never been out of status, so I don't understand the delay.

2. So should I ask my new employers to do an H1-B transfer instead?

3. What do you recommend I do to follow up with USCIS regarding my case?

Thanks again!
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1. What did you study? Which places in the Middle East have you traveled to in the past? You may think your case is fairly easy, but it certainly looks your background check is throwing up signals requiring additional/extensive checks. Of course it could also be something as simple as your names throwing up what is known as a HIT - that is it matches that of someone already under scrutiny, so they need to rule out you’re not the same person.

2. Your call on what to do regarding that. I only deal with DV based AOS questions.

3. You already have an INFOPASS booked for April, so attend it. If no positive news after the INFOPASS, wait about 2 weeks then reach out to your congress person and seek their assistance regarding following up USCIS. If that doesn’t move the needle either, schedule another INFOPASS.
 
Sm1smom said:
I don’t know but i’ll suggest you look into having an I-134 on hand in case the IO decides you need a sponsor.
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Do you think that my american bank account statement that is over the poverty guideline would do the trick? I could also provide one from my home country if necessary.
 
Sm1smom said:
I don’t know.
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Gotcha. I will follow your suggestion and do the I-134 but my sponsor is back home in Europe. I suppose that a faxed copy of the form to me would not work since my understanding is that they want the original signature. in that case the only way would be airmail. Am I correct?
 
Sm1smom said:
1. What did you study? Which places in the Middle East have you traveled to in the past? You may think your case is fairly easy, but it certainly looks your background check is throwing up signals requiring additional/extensive checks. Of course it could also be something as simple as your names throwing up what is known as a HIT - that is it matches that of someone already under scrutiny, so they need to rule out you’re not the same person.

2. Your call on what to do regarding that. I only deal with DV based AOS questions.

3. You already have an INFOPASS booked for April, so attend it. If no positive news after the INFOPASS, wait about 2 weeks then reach out to your congress person and seek their assistance regarding following up USCIS. If that doesn’t move the needle either, schedule another INFOPASS.
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1. I got my B.B.A in Accounting from S.M.U in Dallas and now I'm getting my Masters in Accounting from the same university. I've traveled to Iraq and Yemen for religious reasons but this was almost 10 years ago. Could that be one of the reasons for the delay in my background check?

2. In case of a HIT, how long does the background usually take if there is one? Could a case get denied due to a HIT?

3. I'll attend the INFOPASS appointment and update this thread accordingly.

Once again, thank you very much for your help!
 
Dr. Europe said:
Gotcha. I will follow your suggestion and do the I-134 but my sponsor is back home in Europe. I suppose that a faxed copy of the form to me would not work since my understanding is that they want the original signature. in that case the only way would be airmail. Am I correct?
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The I-134 needs to be filled by a USC or a LPR, so if your sponsor is a USC or LPR who is currently visiting home on a temporary basis, the signature doesn’t have to be a wet one. A scanned copy of the I-134 will do.
 
Ebrahim Faheem said:
1. I got my B.B.A in Accounting from S.M.U in Dallas and now I'm getting my Masters in Accounting from the same university. I've traveled to Iraq and Yemen for religious reasons but this was almost 10 years ago. Could that be one of the reasons for the delay in my background check?

2. In case of a HIT, how long does the background usually take if there is one? Could a case get denied due to a HIT?

3. I'll attend the INFOPASS appointment and update this thread accordingly.

Once again, thank you very much for your help!
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1. So we can rule out area of study - accounting doesn’t fall under TAL.
2. I already said it’s hard to tell - it takes as long as they need to clear the name. The case doesn’t get denied, adjudication will remain pending until they’re able to clear it, but they’re unable to clear it by COB Sept 30th, the case simply dies a natural death.
 
Sm1smom said:
1. So we can rule out area of study - accounting doesn’t fall under TAL.
2. I already said it’s hard to tell - it takes as long as they need to clear the name. The case doesn’t get denied, adjudication will remain pending until they’re able to clear it, but they’re unable to clear it by COB Sept 30th, the case simply dies a natural death.
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Gotcha.

Are there any statistics on how many AOS cases have died a natural death? In particular, how many AOS cases have died due to background check not being completed in time?
 
Hello!
Have not received an RFE or approval/denial yet. I have scheduled an Infopass for the 24th to check on the status and ask if they need anything else .
 
Ebrahim Faheem said:
Gotcha.

Are there any statistics on how many AOS cases have died a natural death? In particular, how many AOS cases have died due to background check not being completed in time?
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Statistics?? Published by who? The government? I’m not into number crunching, so I don’t know.
 
Sm1smom said:
Find your house of rep from the official government source:
https://www.house.gov/representatives/find-your-representative

Visit your rep’s website to learn more about them, reach out to them and request they assist with following up on your case with USCIS.
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Hi Mom,

Thank you so much for all your help. The day I was going to contact my representative IL showed up.

I had my interview on Monday (04/16) and IO approved my case on the spot and gave me the approval notification. Since then, yesterday, my online status changed to "We are producing your card and we will mail it to you". Today morning it changed again and now shows: "You attended your interview and we are reviewing your case".

Is that normal?
 
Cnqr said:
Hi Mom,

Thank you so much for all your help. The day I was going to contact my representative IL showed up.

I had my interview on Monday (04/16) and IO approved my case on the spot and gave me the approval notification. Since then, yesterday, my online status changed to "We are producing your card and we will mail it to you". Today morning it changed again and now shows: "You attended your interview and we are reviewing your case".

Is that normal?
Click to expand...

Yes.
 
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