My interview did not go as planned. Remember that I'm filing under 245i. Well, my interviewer was CLEARLY unfamiliar with the law. Just to give you guys a background on my story:
My aunt filed a petition for my father in January 1998. I aged out of that petition. So when my father received his Green Card in 2009, he filed a family-based petition for me. I was content in waiting the many years to become current. Then in May 2010, I received the letter saying that I won the DV Lottery. So, when I became current in October, I filed AOS under 245i, since a petition was filed before January 14, 1998.
Well when I walked into the interview and swore in, my interviewer immediately told me that a Visa was not available for me because my father just filed a petition for me (she was obviously referencing the petition that my father filed for me in 2009). I corrected her and said I was there because I won the 2011 DV Lottery. She said that was fine but if I wanted to claim a VISA under my DV win, I would have to leave the country. I was enraged because that is NOT TRUE. And I couldn't believe that this lady had the audacity to say such a thing with such confection. I said no, she was mistaken and that I DID qualify under the 245i and the 245i says that as long as a petition was filed for me (or if i'm the derivative beneficiary of such petition) then the law says I can do AOS in the United States under any petition means, this include the DV Lottery. She then says "I'll talk to my supervisor, but I think you're mistaken". I listen to her talk outside the office (I only heard bits and pieces) and all I hear from her is "Oh! Is that so? I've never done a case like this! heehhe" Ugh.... I was even more upset at that point. So she comes back and says that she doesn't know why her field office (Holtsville) received my case because NYC has a special division for Diversity Lottery winners. She said it was a mistake that they received my file and that her supervisor will send over my file to NYC today. She said it should take about 1 month to get a new interview at the NYC office.
I'm utterly appalled that they have that woman working there. What if I didn't know the law and I just sat there and said "OK" and let her deny my case. What would have happened? Remember guys, educate yourself. Education is the key to freedom.
I will keep you guys up to date on when I receive my new interview letter.
