Even some uscis representatives does bot know any thing.
I called the USCIS 800 number and the lady over the phone told me that I can not adjust my staus based on DV lottery and my current visa which is J1.
I didnt; argue with her, just said thank you, hang up and have an infopass on 5/6 to talk to a real immigration officer.
I agree. There are not many competent people in USCIS answering the phone. That is exactly the reason USCIS suggests going to local CIS office in person. The procedure, BTW, could depend on the office (for instance, where to send I-485 - to chicago lockbox, or to the local office)
To correct all the errors here:
- You do not file I-485 at the district office. You file it with the Chicago Lockbox as is stated in the I-485 instructions.
Correct. I do not argue with that.
- You do not need to contact USCIS prior to filing I-485 or send them any documents prior to filing I-485. KCC suggests contacting USCIS before filing because some people cannot adjust status (e.g. if you are currently out of status). All forms are available on uscis.gov.
If you know the procedure, and you are 100% sure you are eligible, you might not do it. But if you do not know the procedure, then you'd better do it to avoid mistakes. Just because you do not know the procedure and KCC mentions that you need to contact CIS, I would advise you to contact them (just to figure it out). Moreover, they mention that in order to determine whether or not you may adjust status, you
contact CIS. So, actually, you'd better do it anyway, just to avoid other problems you could have.
- You need to follow all the instructions given by KCC because USCIS will only grant LPR status if DOS (KCC) releases your DV file to them and makes a visa number available. Not doing what KCC asks is at your risk.
Correct. USCIS will tell you to send DSP-122 to KCC to release the file. Then you seen to send the payment to DOS and I-485 to CIS.
- Not sure how "historically" is different from now because the form letters and instructions have not changed in at least five years.
Correct. That is exactly the point. Nothing has changed. It has always been like that. Why should it become different this year?
- The DV 2008 thread reflects a high degree of satisfaction with the service from KCC and a very low degree of satisfaction with the results of any request for information from USCIS.
You mean someone rated the services KCC was not authorized to provide, but instead provided? or you mean the instruction by KCC to contact USCIS? Please clarify.
This new guy is an unreliable source of information -- suggest referring to the DV2006/7/8 AOS threads which are a gold mine for useful tips.
You contradict yourself here. The threads clearly mention lawyers and CIS always mentioned to send DSP-122 to KCC and not to send DS-230 there.
Examples (use google and you will find the appropriate link):
1. DV-2005 vk96
This is want I know as far from reading information on different sites, talking to my lawyer and USCIS officer:
My lawyer called KCC twice. Second time it looked like he got somebody that knew more about the process. So according to hem if a person wants to adjust status with USCIS, they need to send only DSP-122. If you look at DS-230 and compare it with I-485 and G-325 (forms that you will have to submit for the AOS), it asks almost exactly the same questions. So there is no point in sending DS-230.
2. DV-2006 marvadur
Also, I would like to say that in our case, we ended up sending all the forms to USCIS, I mean, both DSP-122 and DS-230 (Parts I and II) because at the time we sent them, we didn't know that if you were doing AOS you only needed to send the DSP-122
3. DV-2006 marvadur
Regarding your question, we did send the initial forms to KCC. Actually, we sent both DSP-122 and DS-233 even though later on we found out that only DSP-122 was necessary if you're adjusting status in the US.
Actually, as you mentioned, KCC sometimes provides a reliable answer regarding AOS procedure. Even though they arenot authorized to do that (when they do that in writing, that looks more reasonable)
4. DV-2007.
Anahit
26th April 2006, 12:53 PM
Here is the response e-mail I got from KCC:
"Thank you for your inquiry.
Be advised that you should continue to process each DV case seperately. Once the numbers become current, you would only process one to interview. It will be your decision as to whether, your wife will do consular processing in Yerevan as principal applicant, and then you follow to join AOS here in the states or if you file AOS as principal applicant and your family files a follow to join through Yerevan.
Instructions for Adjustment of Status are listed below:
If you are in the United States, you may be eligible to apply to the Citizenship and Immigration Services (CIS) for adjustment of status. Please note that the laws regarding adjustment of status have recently changed. The option to adjust status may no longer be available to all applicants. To determine whether you are eligible to adjust your status you MUST contact the CIS. Once the CIS confirms your eligibility to adjust status they will provide you with the additional information that you need. When contacting your local CIS office they may inform you that will not be eligible to file your adjustment until the beginning of the fiscal year, which will be October 1 of each program year.
If the CIS determines that you are eligible to adjust status you will be required to pay a non-refundable diversity-processing fee of $375.00 per person directly to the Department of State. Information regarding where this fee should be paid is included in your winning notification packet. This fee is assessed to cover cost incurred by the Department in running the lottery selection process and is separate from any fees you will need to pay the CIS as part of your adjustment application. Failure to pay this fee may result in the loss of your diversity visa. (Please mail the diversity-processing fee to the address given below.)
U.S. Department of State
Diversity Visa Program
P.O. Box 371989
Pittsburgh, PA 15262-0001
We do request that you complete and return the DSP-122 to the Kentucky Consular Center so that we may update your file. Question 4 of this form states: "Name of United States Consular Office where you would like to process your application". When adjusting status with the Citizenship and Immigration Service, please list the address of your local CIS office.
Follow to join procedures are listed below:
The beneficiary must go to the embassy at which he or she wishes to process the case and request for the follow-to join process to be initiated. Once requested, the embassy will obtain the necessary documentation from the applicant. The proper procedures will be implemented to ensure that the case is processed accordingly. Please be advised that all processing must be completed prior to September 30, 2007."
As long as I provided several quotes, proving relative reliability of the information I supply (because the official information about AOS procedure by USCIS in not publicly available on the web, and that is why there could be actually nothing really reliable; the only I could provide is public experience through the correct procedure), orangeandwhite, please provide sources of your information from USCIS to prove you are not a reliable source of misleadingly wrong baseless information (as I currently suspect; I could not find any possible basis for this type of information, except the try-and-mistake method, which is not a guarantee of success in avoiding problems). Please do not refer to somebody calling KCC on the phone and asking questions they are not authorize to answer, according to their own instructions.