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DV 2014 AOS Only - New Thread

tonyLA said:
First of all special thanks to everyone in this forum especially @Britsimon and all the other valuable members.
We are probably one of last visas have been issued.
We went there on time after check ins about in 30 mins IO called us.
He was very calm and serious guy.
I believe that he approved us in his mind in the very beginning saying us I dont believe lately is this dv lottery being randomly done, they chose people like you well educated and fluent in English and already living in USA.
He went over the typical things of marriage questions, yes/no questions and some jon questions.Our lawyer very professional prepared documentation for him to review.He did not even look at the originals, he looked at us and said I am sure you have everything.
The only concern was him not finding my wifes KCC related documents and wife got very nervous but he said dont worry I got it.
We kept quiet for 5 mins and he was doing his paperwork then he immediately log in his computer and pulled the visas right away.he printed out our dv visas and make an approval letter.
He said we are almost done then I saod sir the visas might be exhausted any moment and he replied me back how do you think I gave ur approval letter without getting your visas and he added that he was well aware of the situation.

At the end of our interview another officer came to pick up a file from his room and started chatting with us and she said today is the last day for DV interviews and we are last ones getting issued by thid field office so like Simon mentions they are even coming to the end for AOS applications.

Our number was one of last one and lur visas are probably one of the last 300-400 visas all around the globe.
I knew that if we make ot there until the interview date we will get it coz I was confident about us and our paperwork.The IO already mentioned that I was approved for my I-140.
Also just got the emails of CPO:))
Good luck for all AP cases , I hope everybody will be cleared.
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Once again Tony, congratulations. Your IO did a very cool thing giving you the approval letter right there. Very nice. I'm a little amazed by his comment about the lottery being not random, but given that the only cases he concerns himself with and AOS cases I suppose he is talking from his "point of view". About 49000 people this year would disagree with him.....

As you can see above we have one more of Moms disciples to wait for - so I hope you won't be the last bit of DV2014 AoS good news we see.....
 
Britsimon said:
Once again Tony, congratulations. Your IO did a very cool thing giving you the approval letter right there. Very nice. I'm a little amazed by his comment about the lottery being not random, but given that the only cases he concerns himself with and AOS cases I suppose he is talking from his "point of view". About 49000 people this year would disagree with him.....

As you can see above we have one more of Moms disciples to wait for - so I hope you won't be the last bit of DV2014 AoS good news we see.....
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I hope they will clear her situation because it is a very absurd reason of denial.You should not take away somebody's rights this way of silly reason.That is sad:(
Once again you have been a great help
Thank you so much all the members who are contributing here and spending their time for other people in need of help...
Thanks again everybody...
 
betty123 said:
Good luck jj777!

You can check this lawyer. His name is Edward Robert White:
http://www.immigrationed.com/About-The-Firm/Edward-R-White.shtml

Here is his contact information:
Ed White
Law Offices of Edward R. White, P.C.
6 Beacon Street, Suite 900
Boston, MA 02108
Tel. +1 617.227.2915
AILA New England Chapter Chair 2013-2014

His e-mail address is: ewhite@immigrationed.com.

My husband and I went to see him for a consultation. He is very patient and passionate about his work. He is the one who answers the emails and prepares the cases , not the assistant. He used to answer our emails in a matter seconds or minutes.
I hope this helps and that we would hear good news on your end!
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I am going to try Ed, not the Tuesday one I scheduled this morning. Just to save me some time.
 
Britsimon said:
Mom,

I think there are two things being said in the Use section that you have quoted. The policy itself is clear and the implementation is well described. The memo also says the policy is "binding" on all USCIS staff and that the policy is "controlling and supersedes any prior guidance on the subject." There is no doubt about the policy or the impact of it.

However, the Use section is their attempt to remove the ability for someone to hold them to it from a legal point of view. In other words - here are the instructions, but if you follow the instructions and we don't, you can't hold us liable. Sometimes stuff is written that sounds official but would not last 5 minutes if challenged in court - and in this case their disclaimer would not last 5 minutes. However, this would not see the inside of a courtroom to argue that out because previous cases have already shown that once 9/30 comes around - it is game over. No court can force them to break the law (the law being they cannot issue a DV2014 visa after 9/30) - even if their original decision is bad.

Because of that, I absolutely agree that we have to do things by persuasion and getting them on our side. It does also seem like this has become about personality and ego - which is extremely unfortunate.

I really hope this gets resolved soon. I actually believe it will....
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What JJ77 said about the lady at the Boston FO is true. She is nice to everyone except DV winners. She tried to do the same with me but realized that it won't take her anywhere and changed her attitude.
 
Britsimon said:
Mom,

I think there are two things being said in the Use section that you have quoted. The policy itself is clear and the implementation is well described. The memo also says the policy is "binding" on all USCIS staff and that the policy is "controlling and supersedes any prior guidance on the subject." There is no doubt about the policy or the impact of it.

However, the Use section is their attempt to remove the ability for someone to hold them to it from a legal point of view. In other words - here are the instructions, but if you follow the instructions and we don't, you can't hold us liable. Sometimes stuff is written that sounds official but would not last 5 minutes if challenged in court - and in this case their disclaimer would not last 5 minutes. However, this would not see the inside of a courtroom to argue that out because previous cases have already shown that once 9/30 comes around - it is game over. No court can force them to break the law (the law being they cannot issue a DV2014 visa after 9/30) - even if their original decision is bad.

Because of that, I absolutely agree that we have to do things by persuasion and getting them on our side. It does also seem like this has become about personality and ego - which is extremely unfortunate.

I really hope this gets resolved soon. I actually believe it will....
Click to expand...

Even though the memo says the policy is binding 'yada yada yada', I strongly believe failure to enforce it cannot be successfully challenged in any court as it has no legal backing - there is no INA or CFR that makes it legally binding or enforceable. And I think USCIS obviously knows they will sometimes drop the ball anyway regardless of the strong wording at the beginning of the Memo hence the disclaimer towards the end.
 
Sm1smom said:
Even though the memo says the policy is binding 'yada yada yada', I strongly believe failure to enforce it cannot be successfully challenged in any court as it has no legal backing - there is no INA or CFR that makes it legally binding or enforceable. And I think USCIS obviously knows they will sometimes drop the ball anyway regardless of the strong wording at the beginning of the Memo hence the disclaimer towards the end.
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Oh yeah - they do indeed drop the ball!!!!

The rules bit is an interesting question though. This policy memo was simply a clarification of what (i.e. early filing) used to be allowed (albeit with a lower success rate). So - there must be some rule that allows this - don't you think? Even if that rule is a "loose" definition of what "timely filed" means and how it meets the otherwise stringent definition in 8 CFR 245.1(a).
 
Britsimon said:
Oh yeah - they do indeed drop the ball!!!!

The rules bit is an interesting question though. This policy memo was simply a clarification of what (i.e. early filing) used to be allowed (albeit with a lower success rate). So - there must be some rule that allows this - don't you think? Even if that rule is a "loose" definition of what "timely filed" means and how it meets the otherwise stringent definition in 8 CFR 245.1(a).
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Simon, Mom's explanation is very similar to the answer presented to me by the congressman's issues director when I mentioned the memo..
 
Hi Everyone!
My Green Card has arrived today. Yeah!!! I want to thank everyone, especially @Sm1smom and @Britsimon, for the helps and advices that you have been giving to us all. While my brother @CWH helped me ask questions, I have read them all in this thread. I came to this forum knowing nothing about DV process and ended up sucessfully with the Green Card in my hands.

Good luck for those who are still in the process, and congrats to everyone who have just gotten the new status :)
 
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