DV 2011 AOS Only
- Thread starter lucky2011
- Start date
LC approved after 5 years?! That is insane... Good Luck! That was cutting it close filing on Apr-30-2001 (the last day) for 245(i)
No. As many here already mentioned, lawyers are not needed in this process if you have the knowledge and ability to read/write english.
With all due respect to lawyers, that some might be very good people or lawyers. I just think using my own experience, that most of the time when you use a lawyer, some paralegal or secretary is the one that is filling those forms and not the lawyer himself.
Even in my EB case. I had couple of issues that i found that otherwise my lawyer did not know. For example, my LC was first submitted under the normal process as there was no time for me to use RIR process. However, I later found out that i could convert to RIR. I had an argument with the lawyer about this, and i turned out to be correct.
In any case, most lawyers are NOT knowledgeable in DV. I can bet with you that the amount of knowledge in this forum alone is 100 times more valuable. Again, there might be very good lawyers, I just wasn't lucky enough to find/meet one of them.
To your case, it is nice to know that you (husband) also are in 245(i).
My question to you is why didn't he get some status from you H1b? Isn't there a derivative to spouse like H4 or something?
Was he in the Us in December 2000 and also applied for LC or I-140 before 4/30/2001?
I'm not sure if (since you're his derivative on his app), need to also file I-485A and pay the extra $1000. Probably not since you do have status and eligible to adjust status by default.
Maybe Capolive knows that....
With all due respect to lawyers, that some might be very good people or lawyers. I just think using my own experience, that most of the time when you use a lawyer, some paralegal or secretary is the one that is filling those forms and not the lawyer himself.
Even in my EB case. I had couple of issues that i found that otherwise my lawyer did not know. For example, my LC was first submitted under the normal process as there was no time for me to use RIR process. However, I later found out that i could convert to RIR. I had an argument with the lawyer about this, and i turned out to be correct.
In any case, most lawyers are NOT knowledgeable in DV. I can bet with you that the amount of knowledge in this forum alone is 100 times more valuable. Again, there might be very good lawyers, I just wasn't lucky enough to find/meet one of them.
To your case, it is nice to know that you (husband) also are in 245(i).
My question to you is why didn't he get some status from you H1b? Isn't there a derivative to spouse like H4 or something?
Was he in the Us in December 2000 and also applied for LC or I-140 before 4/30/2001?
I'm not sure if (since you're his derivative on his app), need to also file I-485A and pay the extra $1000. Probably not since you do have status and eligible to adjust status by default.
Maybe Capolive knows that....
Yes, 5 years. Back then there was also a backlog for EB3 visas. Since so many jumped on that 245(i)/4/30/2001 this priority date only became current around 2005/2006 anyways....Even if the LC had somehow been approved in 1 day, i would still wait to file the I485....however, i could have sure applied for the I-140 sooner, and had better chanced for it as less Tax years needed to be shown.
The nice thing about it is the "grandfathering effect" that even though my I-140/I485 were rejected, I can use that now to adjust status. Otherwise, i would not been able to. Also CP is not an option as in my condition there is a BAR of 10 years if you leave the country and need to come back.
The nice thing about it is the "grandfathering effect" that even though my I-140/I485 were rejected, I can use that now to adjust status. Otherwise, i would not been able to. Also CP is not an option as in my condition there is a BAR of 10 years if you leave the country and need to come back.
Unless you have valid H1B-H4 stamp in the passport
It does not give you an option to press 0 after you hear you case status.
Yes that was way too long to wait; and you're right, CP is not an option for you unfortunately.
You should be fine with 245(i), but I would submit the DV based application with a GOOD immigration attorney - Trust me there are a lot of attorneys who don't know all the semantics and/or are out of touch. I have got bad advice before that almost put in trouble (potential delays or worse), it would be worth your while to have a phone consultation with the murthy law firm (I have spoken to Sheela Murthy directly). They can be expensive to hire though. I know a good attorney in Minneapolis, but you should find someone local and good to represent you.
You should be fine with 245(i), but I would submit the DV based application with a GOOD immigration attorney - Trust me there are a lot of attorneys who don't know all the semantics and/or are out of touch. I have got bad advice before that almost put in trouble (potential delays or worse), it would be worth your while to have a phone consultation with the murthy law firm (I have spoken to Sheela Murthy directly). They can be expensive to hire though. I know a good attorney in Minneapolis, but you should find someone local and good to represent you.
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So As LIsa did, I called KCC today as well, and was a little disapointed to know that the case was actually transfered to the local USCIS office on 10/28 which was the date of the biometrics. SO now I am just wondering what is next, why is it taking so long to send the interview letter if they already have the files from KCC, the FBI results from fingerprints are back, that what is going on.
Thanks for the updateSoo, I called KCC and was told that my case was transfered to the local office on Nov'23rd, which is 3 weeks after we did bio.
I am taking a chill pill, coz Newark got it only 6 business days ago.
Just letting everybody know
Hi Yoni123,
We tried to include him under my application. But unfortunatelly, if you are under the 245i it is not possible.. As you can see from my signature I already submit my application and got the NOA. So, only my husdand had to pay the extra 1000 dollars fee. I am also doing the aos without an attorney and so far so good. I must confess that I am kind worry about the interview time. Most people under 245i go to the interview with an attorney. Capeolive did fine without one, so I decide to do the same. Besides, I went to at least 3 "good" lawyers when we got the DV letter and you wouldnt believe their advises..Right now, I am just taking a step at the time: waitting for our biometric letter now, once I finish with that I will focus on the interview.. My hub had his first application back on 1997! yes 1997! it is a long jorney for him and he had few more applications after that... I hope he will finally be able to finish this jorney with the DV application process...
My question to you is why didn't he get some status from you H1b? Isn't there a derivative to spouse like H4 or something?
Was he in the Us in December 2000 and also applied for LC or I-140 before 4/30/2001?
I'm not sure if (since you're his derivative on his app), need to also file I-485A and pay the extra $1000. Probably not since you do have status and eligible to adjust status by default.
Maybe Capolive knows that....[/QUOTE]
We tried to include him under my application. But unfortunatelly, if you are under the 245i it is not possible.. As you can see from my signature I already submit my application and got the NOA. So, only my husdand had to pay the extra 1000 dollars fee. I am also doing the aos without an attorney and so far so good. I must confess that I am kind worry about the interview time. Most people under 245i go to the interview with an attorney. Capeolive did fine without one, so I decide to do the same. Besides, I went to at least 3 "good" lawyers when we got the DV letter and you wouldnt believe their advises..Right now, I am just taking a step at the time: waitting for our biometric letter now, once I finish with that I will focus on the interview.. My hub had his first application back on 1997! yes 1997! it is a long jorney for him and he had few more applications after that... I hope he will finally be able to finish this jorney with the DV application process...
My question to you is why didn't he get some status from you H1b? Isn't there a derivative to spouse like H4 or something?
Was he in the Us in December 2000 and also applied for LC or I-140 before 4/30/2001?
I'm not sure if (since you're his derivative on his app), need to also file I-485A and pay the extra $1000. Probably not since you do have status and eligible to adjust status by default.
Maybe Capolive knows that....[/QUOTE]
In this case your best friends is you local office. 30 days passed already, you could go do infopass again. Maybe be they are busy( highly doubt).
You guys got married after he lost his status...right? Then it makes sense, and he could not convert to H4 or anything other than I-485 with 245(i).
Why do you think lawyer is beneficial when you deal with 245(i)?
As far as i know there are only two BIG requirement that you must have:
1) Been here December 2000 and never left since.
2) applied for LC or I-140 on or before 4/30/2001.
3) Pay $1000 fee as a penalty.
Once you did all three, there should be nothing that will prevent you from getting the GC.
Obviously the USCIS will forgive you if you worked without permit, studied without permit, or stayed beyond status here since that is the whole idea of the 245(i).
I believe (not sure) that even people the jumped the border and entered without inspection can qualify for the 245(i) as long as they do 1-3.
What will a lawyer do to help/assist here ? I don't understand.
Why do you think lawyer is beneficial when you deal with 245(i)?
As far as i know there are only two BIG requirement that you must have:
1) Been here December 2000 and never left since.
2) applied for LC or I-140 on or before 4/30/2001.
3) Pay $1000 fee as a penalty.
Once you did all three, there should be nothing that will prevent you from getting the GC.
Obviously the USCIS will forgive you if you worked without permit, studied without permit, or stayed beyond status here since that is the whole idea of the 245(i).
I believe (not sure) that even people the jumped the border and entered without inspection can qualify for the 245(i) as long as they do 1-3.
What will a lawyer do to help/assist here ? I don't understand.
[/QUOTE]
luganskman
Registered Users (C)
Infopass result
Today I had my infopass and it was as following:
1/ I told them that I am an DV program winner and we passed our bio more then 30 days ago, and that I just wondering if we missed our Interview letter or something.
I showed to the representative my 1NL and 797form with biometrics stamp on it. He asked me for my ID and after looking something in his computer he told me that we are scheduled for Interview but there is no date for it yet. But it shows definitely that our files are already in FO and our Interview is pending.
2/ I told him that I called to KCC and they answered that USCIS don't requested my files yet, and I asked him what we have to do about it. He did not gave me an valuable answer for that. Just told me that I should not worry about it yet.
So I think that at least I have news and I recommend to do the same for whom worried about their Interview schedule
Today I had my infopass and it was as following:
1/ I told them that I am an DV program winner and we passed our bio more then 30 days ago, and that I just wondering if we missed our Interview letter or something.
I showed to the representative my 1NL and 797form with biometrics stamp on it. He asked me for my ID and after looking something in his computer he told me that we are scheduled for Interview but there is no date for it yet. But it shows definitely that our files are already in FO and our Interview is pending.
2/ I told him that I called to KCC and they answered that USCIS don't requested my files yet, and I asked him what we have to do about it. He did not gave me an valuable answer for that. Just told me that I should not worry about it yet.
So I think that at least I have news and I recommend to do the same for whom worried about their Interview schedule
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luganskman
Registered Users (C)
thats' kind a funny what they call "scheduled"
As I was explained - our case is in a queue for Interview. It can be because they have several IO and they making scheduling accordingly their availability.
luganskman
Registered Users (C)
I reviewed DV2010 thread for December and as I realized no one get their Interview notification letter during that month at all.
Hm very give hope facts.
Hm very give hope facts.
I reviewed DV2010 thread for December and as I realized no one get their Interview notification letter during that month at all.
Hm very give hope facts.
We had veteran's day and thanks giving, maybe that's why.
I am dying for a vacation, but can't go coz waiting for this freaking interview date
)))I reviewed DV2010 thread for December and as I realized no one get their Interview notification letter during that month at all.
Hm very give hope facts.
No interview letter for the whole month of December ? Whoaa...