DV 2011 AOS Only
- Thread starter lucky2011
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I think you cannot reorder it. But you have copies you should be fine. Since your package is signed by J.C. I think that name is familiar in this forum. So you are good. Could you add your case details? Did you include G-1145 forms?
Hi everyone. My appologies if this question was answered before (I did go over all the 2011 AOS thread but didn't find the answer).
What DV winner is supposed to enter into I-485, Part2 Application Type? I doubt between a) and h)
What spouse should answer on the same question?
Thanks for the help and good luck to everyone!
What DV winner is supposed to enter into I-485, Part2 Application Type? I doubt between a) and h)
What spouse should answer on the same question?
Thanks for the help and good luck to everyone!
In fact i-485 instructions clearly say that DV case should mark "h". Still not sure about my spouse: "b" or "h".
b) for spouse. h) for winner....."Diversity Visa Lottery Winner. Copy of Lottery Letter Attached."
Laplace, welcome to the forum.
I think you should be fine with the package delivery. Not sure why you've sent the original criminal records as the USCIS always says to send copies unless they ask for originals.
I think you should be fine with the package delivery. Not sure why you've sent the original criminal records as the USCIS always says to send copies unless they ask for originals.
A question for those of you who did the interview already: Did you bring your kid/s with you? We have a toddler and don't know if its OK to bring him with us.I did call USCIS and the agent on the phone said there is no info on this in their database. She did mention that because of his age he might be a distraction but I should decide myself...
Msodiqus, sorry to hear about your case. I hope that you can post more details so others can learn and hopefully there is some other path that you can take.
For what is worth, there was a case last year, somebody's sister was in deportation and the judge denied her case in the end. It is there in the 2010 AOS thread.
Hi everyone,its 1am in the morning,i am gonna post the letter,which I received today.the letter says:
Form I-291(Rev.4/1/97)N
1st page: Upon consideration,it is ordered that your application for status as a lawful permanent resident be denied for the following reasons:
See enclosed attachment
If you fail to depart from the US,proceedings will be instituted to enforce your departure.You may renew your application for permanent resident during such proceedings.
2nd page: Attachment to I-291
Section 245 of the Immigration and Nationality Act states part:
"The status of an alien who was inspected and admitted into the US may be adjusted by the Attorney General,in his discretion and under such regulations as he may prescribe,to that of an alien lawfully admitted for permanent resident if (1) the alien makes an application for such adjustment,(2) the alien is eligible to receive an immigrant visa and is admissible to the US for permanent residence,(3) an immigrant visa is immediately available to him at the time his application is filed."
Your application for status as a permanent resident was filed on October 26,2010.You were admitted to the US on April 20,2004 as a J-1 for duration of status.A copy of Form DS-2019(formerly IAP-66) shows the period you were authorized to remain in the US as a Trainee (specialty) in Hospitality Administration from May 1,2004 until October 31,2005.
On November 25,2005, USCIS received an application for asylum and for withholding of removal that was filed by you.
Title Eight Code of Federal Regulations 214.2(j)(1)(ii) states Admission Period.(emphasis added) An exchange alien, and J-2 spouse and children,may be admitted for a period up to 30 days before the report date or start of the approved program listed on Form DS-2019.The initial admission of an exchange visitor,spouse and children may not exceed the period specified on Form DS-2019,plus a period of 30 days for the purposes of travel or for the period designated by the Commissioner as provided in paragraph (j)(1)(vi) of the Section.
According to Form DS-2019,the period authorized was May 1,2004 to October 31,2005.Pursuant to Title Eight Code of Federal Regulations 214.2(j)(1)(ii) you were allowed 30 days for the purpose of travel or for the period designated by the Commissioner.
On December 1,2005 you were not in lawful status in the US.The filing of Form I-589,application for asylum and withholding of removal on November 25,2005, Counts for lawful presence,but not lawful status.
Therefore,on October 26,2010,the date you file Form I-485,AOS,you were ineligible to receive an immigrant visa and inadmissible to the United States for permanent residence.
Accordingly,the application is Denied.
This decision may not be appealed.You may file a motion to reconsider within 30 days of this decision.
Form I-291(Rev.4/1/97)N
1st page: Upon consideration,it is ordered that your application for status as a lawful permanent resident be denied for the following reasons:
See enclosed attachment
If you fail to depart from the US,proceedings will be instituted to enforce your departure.You may renew your application for permanent resident during such proceedings.
2nd page: Attachment to I-291
Section 245 of the Immigration and Nationality Act states part:
"The status of an alien who was inspected and admitted into the US may be adjusted by the Attorney General,in his discretion and under such regulations as he may prescribe,to that of an alien lawfully admitted for permanent resident if (1) the alien makes an application for such adjustment,(2) the alien is eligible to receive an immigrant visa and is admissible to the US for permanent residence,(3) an immigrant visa is immediately available to him at the time his application is filed."
Your application for status as a permanent resident was filed on October 26,2010.You were admitted to the US on April 20,2004 as a J-1 for duration of status.A copy of Form DS-2019(formerly IAP-66) shows the period you were authorized to remain in the US as a Trainee (specialty) in Hospitality Administration from May 1,2004 until October 31,2005.
On November 25,2005, USCIS received an application for asylum and for withholding of removal that was filed by you.
Title Eight Code of Federal Regulations 214.2(j)(1)(ii) states Admission Period.(emphasis added) An exchange alien, and J-2 spouse and children,may be admitted for a period up to 30 days before the report date or start of the approved program listed on Form DS-2019.The initial admission of an exchange visitor,spouse and children may not exceed the period specified on Form DS-2019,plus a period of 30 days for the purposes of travel or for the period designated by the Commissioner as provided in paragraph (j)(1)(vi) of the Section.
According to Form DS-2019,the period authorized was May 1,2004 to October 31,2005.Pursuant to Title Eight Code of Federal Regulations 214.2(j)(1)(ii) you were allowed 30 days for the purpose of travel or for the period designated by the Commissioner.
On December 1,2005 you were not in lawful status in the US.The filing of Form I-589,application for asylum and withholding of removal on November 25,2005, Counts for lawful presence,but not lawful status.
Therefore,on October 26,2010,the date you file Form I-485,AOS,you were ineligible to receive an immigrant visa and inadmissible to the United States for permanent residence.
Accordingly,the application is Denied.
This decision may not be appealed.You may file a motion to reconsider within 30 days of this decision.
NuvF
Member
Due to no lawful 'status' USCIS do not have JURISDICTION to handle your application.
Imm. Ct. has the sole authority since you are on removal proceedings. It has the authority to review and approve/deny an i-485 OR, terminate the proceedings and give back USCIS the jurisdiction. Former is more common I think.
A competent lawyer (had you cared to consult one) could have handled your DV i-485 differently. Try talk to one at least now.
Best!
I am so sorry to hear this Msodiqus.. I can imagine your disappointment.
What is your plan now?
Hi Laplace,
You mentioned your package was "signed by J.C.". I guess these are the initials of John Chyba, who received my application and that of many others in this forum. I am pretty sure your application and that of feel were received correctly but i'm not sure why they're having delays in processing them recently (or maybe delays in processing notifications). I thought they try to be more responsive as the fiscal year advances but maybe this is just true for FOs.
Btw, why did you send criminal records from your home country? Is it because you have a felony or something on record by any chance?
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Thanks for the reply. Oh International Office at the college told me that it could be nice to have them to support my application. The record basically shows that during my stay in my home country I did not have any criminal record.
Well it has been 8 days that I could not hear anything. Is this because I also applied for advance parole and empl. Author. Card. Otherwise they are just busy as far as I see.
But I called USCIS to ask whether or not they got my application. The person on the phone told me that there is no way to check it.
Best.
Well it has been 8 days that I could not hear anything. Is this because I also applied for advance parole and empl. Author. Card. Otherwise they are just busy as far as I see.
But I called USCIS to ask whether or not they got my application. The person on the phone told me that there is no way to check it.
Best.
You were not supposed to submit any original personal documents. Only copies were necessary. Your birth certificate is an important document, you should take your original back at the end of your interview and submit the copy instead, if possible. Your interview officer should have all of the documents you sent to Chicago and KCC in from of him/her.
It's an original in the sense that I have to request an "original" copy from the city in my birth country. I can request another one but it would take some time. The bottom line is they can keep it, I don't mind. But so according to you I don't have to worry about getting another one as the officer will have my package?
Msodiqus7, i am very sorry about your case. But I guess you can still go to your native country and apply for DV there. You should consult with a good immigration lawyer though. My lawyer told me from the very beginning that if you won DV you have to be in a lawful status all the years you spent in the States. Not a single day can be skipped. When I won the lottery (in April) I had my H1 due to expire on the 28th of September (just 3 days before my number was current). I had to apply for H1 renewal in order to be legal (my new one became valid from the 29th of September). But if I got denied in H1, my DV case would be denied as well.
Antin, i would disagree with you on this . My husband was on J1 with expired on Septermber 11, 2010, but our case was current in October, so we applied for him for a B2 turist visa in Aygust 2010. In december 2010 his B2 visa was denied, I was freakin out thinking that our DV case will be declined as well as he was the winner, but on January 5th we had the interview, everything went smooth and there was not a sinlge question about the B2 visa aplication or about his J1 status that expired before we send our AOS package.