There is no grace period. USCIS can't give you the green card after the deadline even if they want to. There was a court case where an applicant was denied because he wasn't approved by the deadline due to USCIS error. Not even the court can authorize USCIS to grant the green card because to do so would break the law.
DV 2013 AOS Only
- Thread starter Amine
- Start date
Pryanik777
Registered Users (C)
To nitpick further: when a decision to grant status is reached, the USCIS must check with the State Department whether a visa is available based on the category. For DV If it's before september 30th and the quota has not been exhausted, then the CIS will get an OK, so at this point they immediately adjust your status into permanent resident. As long as the status has been adjusted in their system, it doesn't matter when they actually produce the card. The card production could be late and arrive in November and it's still ok, if their system says you're a permanent resident.
Not following.
I think when it comes to people inside the US, the status is the most important thing. The granting of the status of permanent resident depends on availability of visa, but the available visa number is worth nothing if the CIS doesn't adjust your status.
Britsimon
Super Moderator
Yeah, that is different for an AoS case. For CP the issuance of the visa is what is important as c1984 said.
Of course. Since we're in 'AOS only' thread, I assume the discussion is about AOS cases.
Britsimon
Super Moderator
Of course. Since we're in 'AOS only' thread, I assume the discussion is about AOS cases.
Yeah understood but c1984 (I believe) was thinking CP .
As Simon said, I was speaking more broadly.
The law limits the number of available "visa"s. The annual quota is set for the number of "visa"s. That is the thing that is available only until the end of day Sept 30th.
I have yet to come across a reference to "the number of 'status' available" in a Fiscal Year that should be used up or be lost forever.
I think in practice, adjustment of status happens exactly at the same time as "checking out" a visa number for you, if available. So that may be a moot point. But I think if theoretically they could happen at different times, then as long as you were issued a visa number before the end of day Sept 30th, then you would be good.
I was trying to make a distinction between the plastic Green Card and the visa. The card can come later, as many DV selectees enter the US after Sept 30th and only then can get a Green Card, sometimes months after Sept 30th.
The law limits the number of available "visa"s. The annual quota is set for the number of "visa"s. That is the thing that is available only until the end of day Sept 30th.
I have yet to come across a reference to "the number of 'status' available" in a Fiscal Year that should be used up or be lost forever.
I think in practice, adjustment of status happens exactly at the same time as "checking out" a visa number for you, if available. So that may be a moot point. But I think if theoretically they could happen at different times, then as long as you were issued a visa number before the end of day Sept 30th, then you would be good.
I was trying to make a distinction between the plastic Green Card and the visa. The card can come later, as many DV selectees enter the US after Sept 30th and only then can get a Green Card, sometimes months after Sept 30th.
Sooo late! I am devastated!
Hi Guys! Here is the sad story of mine. i am Us citizen for almost 20 years. I was applying for visa for my niece for several years with no luck. Last year was very hard for me: family matters, serious health issues. Make the story short, my niece checked her status absolutely accidentally and found out , she was selected for 2013 green card lottery. But just 10 days before dead line. Don’t ask me why we didn’t check before. I was preoccupied with my problems, my niece probably relied on me for this matter. Mostly I was sure they would notify us in case we won how it was with other people I know who won lottery. And here we are. To say we are devastated not to say anything. I am afraid my niece will commit suicide. She is very lonely in her country, and here she would have whole family. We called Kentucky office and were told to try to schedule an appointment in US embassy.
Did anybody hear anything about such extreme late cases? We will try to call embassy on Monday, but I realize our chances near 0. So sad and extremely devastating to have this rear chance and blew it.
Hi Guys! Here is the sad story of mine. i am Us citizen for almost 20 years. I was applying for visa for my niece for several years with no luck. Last year was very hard for me: family matters, serious health issues. Make the story short, my niece checked her status absolutely accidentally and found out , she was selected for 2013 green card lottery. But just 10 days before dead line. Don’t ask me why we didn’t check before. I was preoccupied with my problems, my niece probably relied on me for this matter. Mostly I was sure they would notify us in case we won how it was with other people I know who won lottery. And here we are. To say we are devastated not to say anything. I am afraid my niece will commit suicide. She is very lonely in her country, and here she would have whole family. We called Kentucky office and were told to try to schedule an appointment in US embassy.
Did anybody hear anything about such extreme late cases? We will try to call embassy on Monday, but I realize our chances near 0. So sad and extremely devastating to have this rear chance and blew it.
This is unfortunate, but in case lady luck is smiling on you and a consular officer feels extraordinarily generous, use this weekend to familiarize yourself with all the requirements of DV and collect them.
I truly feel for you, but please don't let this devastate you. You can't go back in time, so stressing over it is not going to change anything.
"God, grant me the serenity to accept the things I cannot change,
The courage to change the things I can,
And wisdom to know the difference."
Pryanik777
Registered Users (C)
One thing is the "visa" and different one is the "visa number". They don't stamp "visas" in most cases when in AOS because it is a practice that has faded over time, they adjudicate the status though. There is no such thing as a "number of status". When the new status is adjudicated (approved) then you become a permanent resident and that is the date on the your "green card".
Pryanik
Pryanik
Pryanik777
Registered Users (C)
Hi Nadya,
Contact KCC first thing on Monday! Fill out the necessary forms and expedite them to KCC. In the meantime she has to call as soon as possible the nearest US consulate and explain the situation. There is nothing she can lose. There is a lot of information on the forums and you can always ask us about the process, I think many of us are eager to help you!
Don't give up is my advice!
Pryanik
Contact KCC first thing on Monday! Fill out the necessary forms and expedite them to KCC. In the meantime she has to call as soon as possible the nearest US consulate and explain the situation. There is nothing she can lose. There is a lot of information on the forums and you can always ask us about the process, I think many of us are eager to help you!
Don't give up is my advice!
Pryanik
One thing is the "visa" and different one is the "visa number". They don't stamp "visas" in most cases when in AOS because it is a practice that has faded over time, they adjudicate the status though. There is no such thing as a "number of status". When the new status is adjudicated (approved) then you become a permanent resident and that is the date on the your "green card".
Pryanik
I think it's all semantics.
When one adjusts their status to H-1B, they do not get a stamp in their passport too. But everybody calls it a "visa" and the annual limit is on the number of available "visa"s.
I think we beat this to death.
My wife met the IO again this morning to show her original documents. Just to be safe I had included her college diploma in the application, so the original was brought as well.
The law says that one of the requirements is a high school education. Since a high school diploma in USA allows you to go to college, some consular and immigration officers have taken the position that only high school diplomas that allow university entrance meet the requirement. As such, without positive proof that your particular HS diploma is good for college (like a college diploma), the officer might need to research it, which means more delay. My IO seems to hold this view, so he liked her including the college diploma. Since her college diploma is from a foreign university, it can still generate questions about accreditation and equivalency if one wishes to be anal about it, but it's much better than just the HS diploma by itself.
He noticed that my wife did take some community college classes in USA, and said any document from them would have helped even more. I suppose this is because if a U.S. college has deemed her worthy for entrance, there is no need for him to second guess the HS diploma anymore. I didn't spend the time to get transcripts from the CC because I thought that would be really redundant especially since she only went for a year, but I was wrong.
To go this length this officer must be one of the most meticulous ones out there. The lesson here is that it pays to go the extra mile. Paystubs are good, but an employment verification letter on company letterhead signed by HR/Payroll would clinch the deal. HS diploma is good, but US college documents are perfect.
The law says that one of the requirements is a high school education. Since a high school diploma in USA allows you to go to college, some consular and immigration officers have taken the position that only high school diplomas that allow university entrance meet the requirement. As such, without positive proof that your particular HS diploma is good for college (like a college diploma), the officer might need to research it, which means more delay. My IO seems to hold this view, so he liked her including the college diploma. Since her college diploma is from a foreign university, it can still generate questions about accreditation and equivalency if one wishes to be anal about it, but it's much better than just the HS diploma by itself.
He noticed that my wife did take some community college classes in USA, and said any document from them would have helped even more. I suppose this is because if a U.S. college has deemed her worthy for entrance, there is no need for him to second guess the HS diploma anymore. I didn't spend the time to get transcripts from the CC because I thought that would be really redundant especially since she only went for a year, but I was wrong.
To go this length this officer must be one of the most meticulous ones out there. The lesson here is that it pays to go the extra mile. Paystubs are good, but an employment verification letter on company letterhead signed by HR/Payroll would clinch the deal. HS diploma is good, but US college documents are perfect.
USA from South Africa - So many questions!
My husband won the DV Green Card Lotto. We have had our interview, received our pack and paid our $165 each. We fly into Texas on the 1st of December and the plan is to look around and decide where we want to live, then fly home to South Africa and pack up, sell up and wrap up all our affairs before departing for good.
- So my first question is, are we able to enter, receive our green cards, go back home and enter again within a year?
- Secondly, do they only post the cards once you have entered the US or once you have paid your fee? It says on the confirmation that we receive the cards within 30 days but I'm unclear about 30 days from when.
- Then, if there are any South Africans that have immigrated to Texas, please send me a message as I need assistance with schools, living area's, do's and don'ts.
My husband won the DV Green Card Lotto. We have had our interview, received our pack and paid our $165 each. We fly into Texas on the 1st of December and the plan is to look around and decide where we want to live, then fly home to South Africa and pack up, sell up and wrap up all our affairs before departing for good.
- So my first question is, are we able to enter, receive our green cards, go back home and enter again within a year?
- Secondly, do they only post the cards once you have entered the US or once you have paid your fee? It says on the confirmation that we receive the cards within 30 days but I'm unclear about 30 days from when.
- Then, if there are any South Africans that have immigrated to Texas, please send me a message as I need assistance with schools, living area's, do's and don'ts.
Britsimon
Super Moderator
I answered the first two questions in another thread. Hopefully a "Safa" will be along to answer the third question!