urbanite
Active Member
Don't give up. Involve the congress person and time to think of a lawyer actually.
DV 2014 AOS Only - New Thread
- Thread starter Sm1smom
- Start date
Britsimon
Super Moderator
OK go armed with the policy memo and a strongly worded letter. You can fix this stupid mistake!
I have drafted the following letter for you - I would have this in hand along with the memo and a printout of the VB showing the date of publication and of course all your other paperwork such as acceptance notice and so on.
Dear "Director who doesn't read his memos" (you might want to change that)
I have today received your notice regarding my I-485 application to adjust status. In the notice you inform me that you have decide to deny my application because my application was made too early. However, it seems you are not aware of the USCIS policy allowing early submission of cases and if you would refer to the USCIS policy memo PM-602-0088 (see attached) you will see that my application was made within the early filing period defined by the policy. The policy states as follows
“As soon as a Visa Bulletin is published with advance notification of DV visa availability, then an individual with a rank cut-off number that is lower than that specified in the advance notification section may file for adjustment and the application will be considered as timely filed.”
My Case number is 2014CCXXXXX which became current in the on July 1, as announced in the June Visa Bulletin, published on May 7th, 2014. My application was filed on May 9th, 2014 so your stated grounds for denial is very clearly incorrect.
I am extremely concerned at this denial and the delay caused to me by the time your office has taken to arrive at this incorrect decision. I must ask you to act without further delay. The DV lottery for 2014 is drawing to a close and the delay is severely risking my chances of receiving a Green Card since the visas are running out. The policy memo also points out the need to complete these cases in a timely manner as visas can be exhausted prior to the September 30th deadline and it would be extremely unfair if my case was impacted by your incorrect application of the policies and rules concerning early submission.
wreck_it_ralph
Active Member
I wish I could write such a letter like this one. I am not benefiting from this, but thanks for helping our poor fellow!
wreck_it_ralph
Active Member
Don't modify Simons letter to have congressperson reference. Send it to USCIS as it is (with small modifications of course)
Write a separate letter for congressperson attach Simon's letter and the memo saying. "I have sent the attached material to the USCIS xxxx Field Office to urge them to take an immediate action on this matter."
Britsimon
Super Moderator
If there is an "official" appeal process mentioned in the denial, you should start that process. You could also contact USCIS and discuss it with them. However, Now we know the dopey reason they have come up with I have no doubt you can overcome that "tonteria" during your infopass. If you think you can involve the congressperson fast enough then go that route too.
The policy memo is essential as it clearly states the rules and two key phrases - "The guidance contained in this PM is controlling and supersedes any prior guidance on the subject." followed by "this PM applies to and is binding on all U.S. Citizenship and Immigration Services (USCIS) employees. ". That means these rules need to be followed so feel free to kick up a fuss. Damn I would LOVE to accompany you for that Infopass. Somebody would get the most polite but effective butt kicking they would ever have received.
wreck_it_ralph
Active Member
Britsimon
Super Moderator
Brits are the most qualified people to pull that off in US
We make it an art form in the UK.
Sm1smom
Super Moderator
This is ridiculous. The FO Director apparently hasn't heard of the early filing Memo. Is the Ombudsman's office still supposed to get back to you? I Know you have an infopass on Thur, but if you can attempt a walk in tomorrow. Contact your congressperson, speak with a lawyer, send in the letter Simon drafted. There isn't a lot of time left, you need to get moving real fast!
Britsimon
Super Moderator
I am getting angry just reading it.
The memo says:-
"the DV visa will be deemed for purposes of eligibility to file under 8 CFR 245.1(a), to have been available at the time of filing the Form
I-485 adjustment application."
It's a slam dunk to overturn their idiotic decision - the only thing is time. I think you may have to be persistent and practice what you are going to say. You should approach the conversation very calmly along the lines of my letter. You tell them that you received the letter, you explain your understanding of their denial reason and then you produce the policy memo and explain the relevant dates. Then you insist on speaking with someone in a position to overturn this decision immediately.
jj777,
I say get a lawyer, just because these idiots all of a sudden start to behave when they see a "Esq" after somebody's name.
You don't have time to waste! You need to fight at several fronts. Keep the contact with congressperson. If your congressperson has visiting hours, make an appointment and go there in person. Make sure you talk to a person.
Talk to the ombudsperson too.
This is an opportunity of a life time. Don't give it up so easily. Fight it out! Fight!
I say get a lawyer, just because these idiots all of a sudden start to behave when they see a "Esq" after somebody's name.
You don't have time to waste! You need to fight at several fronts. Keep the contact with congressperson. If your congressperson has visiting hours, make an appointment and go there in person. Make sure you talk to a person.
Talk to the ombudsperson too.
This is an opportunity of a life time. Don't give it up so easily. Fight it out! Fight!
Simon, I think it's best to emphasize right in the first paragraph or the first sentences that this is a DV case and that makes it special. I'm afraid the Director will be too dismissive and not even bother to read the rest of the letter if you don't make it clear why their stale information would not apply to this case.
Britsimon
Super Moderator
Britsimon
Super Moderator
Yep - that could be worth changing. Maybe a HEading that sets the tone
Dear Muppet,
RE: DV lottery - I485 - incorrect adjudication/denial
Blah Blah
A few months ago another fellow forum-member was wrongfully rejected, and heck, he was asked to leave the country. He could fix it and overturn the decision (he used a lawyer after receiving the rejection) in a matter of a few weeks. You don't have a few weeks. But it still is very much possible.
Talk to a local lawyer with good record if possible. They may have connections in the local FO and can pull a few strings to make things move faster.
Talk to a local lawyer with good record if possible. They may have connections in the local FO and can pull a few strings to make things move faster.
Britsimon
Super Moderator
The only issue with a lawyer is that jj777 already has the infopass lined up. That will probably be the fastest opportunity to resolve this matter - a good lawyer may not be immediately available so I would personally take the fastest possible route and at the same time start lining up a lawyer.
Be water jj777
Be water jj777
jj777 should go for the infopass for sure, or even try a walk-in tomorrow morning as Mom suggested. I think he/she should be juggling all of these things at the same time; the infopass, the lawyer, the congressperson's office, the ombudsperson.
jj777, your job for the next two weeks is to resuscitate your GC. If you don't want to regret it later (and something tells me you will) do every single thing in your power, and then even more.
jj777, your job for the next two weeks is to resuscitate your GC. If you don't want to regret it later (and something tells me you will) do every single thing in your power, and then even more.