Sm1smom
Super Moderator
Congratulations.
DV 2025 AOS (Adjustment of Status) Process Only
- Thread starter Sm1smom
- Start date
blackchemist
Member
Hi Mom, thanks to my attorney, who is in direct contact with the supervisors at my FO, we managed to obtain the denial notice in advance (about 15 hours after it was issued by the office). This is obviously due to the early filing.
They also sent me this in the letter (not as the official reason for the denial):
My visa expired in May 2024, but my DS2019 is valid until December 2025. This is something very straightforward to verify, so I assume it is just a default message. I spoke with my lawyer and my employer, and none of them are concerned about this because we have full supporting documentation.
I have completed new medical examinations and prepared a new cashier’s check. My lawyer will resubmit everything on Monday, and it should be delivered to the Elgin lockbox on 09/16/2025. My university (my employer) is also preparing a letter explaining why I am important to them (I teach classes that cannot be interrupted if I were deported) and why my work is significant for research in the United States. I am not sure if it will make a difference, but I am trying to push everything forward. Meanwhile, my lawyer is in contact with the FO, pointing out the obvious mistakes and asking whether, if we resubmit, they believe the case could be adjudicated before September 30. They essentially told us that they cannot make any prediction about whether a newly filed form I-485 would be decided before September 30, and added that all applications and petitions are processed as quickly as possible (they haven’t replied or confirmed about their mistakes). In the meantime, my lawyer is now also trying to push on whether the case can be reopened (I think he will send the email on Monday since it’s already late on Friday), attaching supporting documentation by email along with the letter my employer is writing.
1) Do you think that, under these circumstances, refiling is a good option? What chances do you think I might have?
2) Do you think it’s worth going to the FO in person to make a case (crying, begging etc)? Or, if I refile, would it be better to go to the FO once they have received the AOS package, to push for an interview as soon as possible?
3) Would it make sense to mention in the cover letter, and attach the bio notice with the stamp, that shows I already completed biometrics, so that they might realize I don’t need to repeat them?
Thanks
They also sent me this in the letter (not as the official reason for the denial):
My visa expired in May 2024, but my DS2019 is valid until December 2025. This is something very straightforward to verify, so I assume it is just a default message. I spoke with my lawyer and my employer, and none of them are concerned about this because we have full supporting documentation.
I have completed new medical examinations and prepared a new cashier’s check. My lawyer will resubmit everything on Monday, and it should be delivered to the Elgin lockbox on 09/16/2025. My university (my employer) is also preparing a letter explaining why I am important to them (I teach classes that cannot be interrupted if I were deported) and why my work is significant for research in the United States. I am not sure if it will make a difference, but I am trying to push everything forward. Meanwhile, my lawyer is in contact with the FO, pointing out the obvious mistakes and asking whether, if we resubmit, they believe the case could be adjudicated before September 30. They essentially told us that they cannot make any prediction about whether a newly filed form I-485 would be decided before September 30, and added that all applications and petitions are processed as quickly as possible (they haven’t replied or confirmed about their mistakes). In the meantime, my lawyer is now also trying to push on whether the case can be reopened (I think he will send the email on Monday since it’s already late on Friday), attaching supporting documentation by email along with the letter my employer is writing.
1) Do you think that, under these circumstances, refiling is a good option? What chances do you think I might have?
2) Do you think it’s worth going to the FO in person to make a case (crying, begging etc)? Or, if I refile, would it be better to go to the FO once they have received the AOS package, to push for an interview as soon as possible?
3) Would it make sense to mention in the cover letter, and attach the bio notice with the stamp, that shows I already completed biometrics, so that they might realize I don’t need to repeat them?
Thanks
Sm1smom
Super Moderator
Glad to know you were able to obtain a copy of the denial notice, without having to wait for the mailed version. Neither your visa nor your DS2019 determines the duration of your status. What does your I-94 show as your duration?
1. It is worth giving it a short, if you can afford the filing fee. I cannot tell you what the chances of approval are.
2. Doing one option should not preclude the other options. All available options (earlier mentioned) are worth exploring at the same time IMO. A DV 2024 selected got their initial application denied for early filing, they went ahead and filed a second (since they did not want to take anything for granted) while still pursuing the possibility of getting the first one approved - the first application was re-opened and approved while the 2nd application was pending.
3. The cover letter will make no difference. The system will automatically show you recently completed a bio appointment - this is how they were able to waive the bio requirements not too long ago (applicants did not need to flag anything for them). It is only a couple of months ago, that I noticed the requirement for new bio appointment completion. Anyway, even if they require you to attend a new bio appointment, the background clearance should go a lot faster since they already have that info in their system. For instance, @LeoV75 whose initial filing was denied for early filing was required to attend a new bio appointment which got complete on 9/2, subsequently got CPO update on 9/4.
cadenboss
New Member
Hi Mom, and members of the community, I want to first say thank you for all the help and information you guys provided(Special thanks to AnnaAZ and azatinusa)
and I want to leave some tips If I had to do my case all over again.
1.IF your case number is high and you have little time before the fiscal year ends(mine was 19xxxx and it was current in august) aside from congressional inquiry, EMMA agents helped a lot, they helped me figure out my bio date before the notice came and I was able to reschedule to a closer date 09/03. After your bio, dont hesitate to connect EMMA agent again to request a tier 2 officer to review your case since its DV based and time sensitive, i managed to get my interview scheduled 1 day after i requested tier 2 officer.
2.MUST check the civil surgeon's clinic review, at the end of my interview, Visa Officer told me my surgeon forgot to put check marks of 2 required vaccines, he only put in the day he gave them to me, which made my case dealyed and i had to go back to the clinic in the same day, get a new I693 and come back to the field office to finish my interview, it is really time and energy consuming when your civil surgeon isnt reliable.
again, everything on this platform has helped a lot, and i wish everybody in the DV2025 have a great result with their case !
and I want to leave some tips If I had to do my case all over again.
1.IF your case number is high and you have little time before the fiscal year ends(mine was 19xxxx and it was current in august) aside from congressional inquiry, EMMA agents helped a lot, they helped me figure out my bio date before the notice came and I was able to reschedule to a closer date 09/03. After your bio, dont hesitate to connect EMMA agent again to request a tier 2 officer to review your case since its DV based and time sensitive, i managed to get my interview scheduled 1 day after i requested tier 2 officer.
2.MUST check the civil surgeon's clinic review, at the end of my interview, Visa Officer told me my surgeon forgot to put check marks of 2 required vaccines, he only put in the day he gave them to me, which made my case dealyed and i had to go back to the clinic in the same day, get a new I693 and come back to the field office to finish my interview, it is really time and energy consuming when your civil surgeon isnt reliable.
again, everything on this platform has helped a lot, and i wish everybody in the DV2025 have a great result with their case !
Sm1smom
Super Moderator
Congratulations.
So after submitting a congressional inquiry last week on Wednesday (confirmed by their office) and not hearing back yet. I called them on Wednesday (this week) and they said that they couldn't do anything more within a 30 day window as the USCIS has 30 days to respond.
At what point do you think that it's worth starting to take more dire measures, i.e heading down to the FO to plead the case. What would be an appropriate timeframe here to start worrying?
At what point do you think that it's worth starting to take more dire measures, i.e heading down to the FO to plead the case. What would be an appropriate timeframe here to start worrying?
cadenboss
New Member
try uscis emma agent and request a tier 2 officer to review your case, that worked for me
Sm1smom
Super Moderator
I would say wait till the week of 9/22 before trying a walk-in visit to the FO.
Sm1smom
Super Moderator
While it is nice to believe a Tier 2 officer helped, they actually did not in your case. I think you getting your interview scheduled one day after requesting a Tier 2 officer was a coincidence. Or did a Tier 2 officer actually get in touch with you?
blackchemist
Member
Thanks for the answer!
This is what my I-94 shows.
My DS-2019 expires on 12/31/2025, but my J-1 visa expired in May 2024. I have never left the country since I arrived in the U.S. (Summer 2023), and I learned about the DV selection in May 2024.
1) So why do you think they wrote that I was not in legal status at the time of I-485 filing (July 2025)?
2) Also, the HR department at my employer said that if the I-485 is denied, I need to leave the country within 30 days (because of my immigrant intent) and that my J-1 status would be terminated. I don’t have the 2-year home residency requirement. Is that true, or were they just confused?
Thanks.
Just chiming in as I was a 2024 Detroit applicant. There was a similar case in Detroit FO in 2023 that was erroneously denied as well due to early filing. Same reason I didnt early file (also because I was current in February). But someone else last year early filed and had no issues getting their GC. I wish you luck.
Exactly, this was our thought process too!
Anyway, thanks so much for everything, will keep updated.
Sm1smom
Super Moderator
If you have a D/S authorized combined with a 12/31/2025 DS-2019 expiration date, I have no idea as to why you were deemed as not having a legal status as at when you filed, or why your employer is now telling you, you need to depart within 30 days due to your demonstrated immigrant intent. And you previously stated this same employer was preparing a letter explaining your importance to them. I’m not sure as to why you disclosed disclosed to your employer you were filing for AOS in the first place.
Anyways, I think these are questions you should be asking your lawyer.
blackchemist
Member
To your knowledge and based on your experience, is it true that if an I-485 is denied while someone is on a non-immigrant visa, they must leave the country within 30 days? Thanks
Sm1smom
Super Moderator
As long as there hasn’t been a status violation like undertaking unauthorized employment, or working with an AOS based EAD, or returning to the US on an AOS based AP, or employer withdrawing sponsorship, etc. the person is not required to leave the US for as long as the current status is still valid.
cadenboss
New Member
yes he called me twice, first time he went through my documents and told me i need I134 and status letter from school, and told me to expect another call, on the second call he asked me to be there for the interview with the documents but i told him my documents will be ready on thursday so he reschduled the interview to friday
Sm1smom
Super Moderator
Thanks for the explanation. I think that was your IO - it usually takes about 10 days to 2 weeks to get a call back from aTier 2 officer when a request is placed in.
Plus Tier 2 officers do not review the application package, the IO that will adjudicate the case is the one that makes the call about what may be missing or what needs to be presented. It is not unusual for the IOs to call or email to schedule an immediate interview. Tier 2 officers have no detailed knowledge of what is required for case approval, especially a DV based application which not even all the IOs that deal with AOS applications even know about. Few IOs are specialized in DV based AOS applications.
cadenboss
New Member
noted,thanks for the clarification mom !
Hi Mom,
We received the following letter in our mail box today without any notice. Our status online status is still "Case was updated to show Finger print was taken". 1) Do I need to provide this check list documents? 2) This interview letter seems a bit weird. could you please give me an advise on that?
We received the following letter in our mail box today without any notice. Our status online status is still "Case was updated to show Finger print was taken". 1) Do I need to provide this check list documents? 2) This interview letter seems a bit weird. could you please give me an advise on that?
Attachments
Sm1smom
Super Moderator
What you received is a generic IL. You’ll notice a lot of the listed documents starts with “if” - meaning not everything on it is applicable to you.