jj777
Active Member
She finally looked at the policy memo after my eyes were red and tears around my eyes.
DV 2014 AOS Only - New Thread
- Thread starter Sm1smom
- Start date
She finally looked at the policy memo after my eyes were red and tears around my eyes.
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boston_aos
Member
Please wait for Mom's and Simon's input before making any additional steps
CWH
Active Member
congrats tony!!!!!And..........)
CWH
Active Member
what the heck!!!! please don't give up and keep fighting. the decision was obviously wrong and it must be overturned! good luck!
Britsimon
Super Moderator
In my August infopass the IO said a similar thing to I read to her slowly what the memo says - "this PM applies to and is binding on all U.S. Citizenship and Immigration Services (USCIS) employees." It couldn't be clearer.
I have to agree with Boston_aos - some of them seem to not want to admit their mistake but it is certain that they made the mistake and they are compounding it by further delay. However, I also agree that this will get resolved. At some point, someone will take responsibility to correct the mistake and you will get a magic update. I am so sorry you are going through this....
Britsimon
Super Moderator
CWH
Active Member
well, i think at this point in time, you should hire a lawyer to argue your case. and i thought of that too she is trying to drag your case to the end and after sept 30, you or anyone can't do anything about it. but there is still time now to do something about it.
boston_aos
Member
I would also see contact someone who is above the lady you saw today. She is the supervisor only by interim
wreck_it_ralph
Active Member
Congats !And..........
Sm1smom
Super Moderator
This is so sad! Looks to me like there's something personal going on between you and the lady in question. I'm certain it's not like the Boston FO isn't aware of the early filing allowance, after all, other cases that were filed early have been favorably adjudicated at the same FO in the past. The fact that an adjustment of status is not a right but a privilege is precisely why I've always cautioned against antagonizing USCIS officials even when they're obviously wrong compared to the 'give them hell' approach some think should be adopted. All an IO has to do is look for some frivolous reason to deny an application thereby putting the applicant in the kind of nightmare situation they've put you into. The early filing memo actually states on page 6 that:
"This PM is intended solely for the guidance of USCIS personnel in the performance of their
official duties. It is not intended to, does not, and may not be relied upon to create any right or
benefit, substantive or procedural, enforceable at law or by any individual or other party in
removal proceedings, in litigation with the United States, or in any other form or manner."
The Memo is nothing but a guidance tool they may rely upon in performing their duties. It is not a law or ruling that they're obligated to follow, although we always hope they will choose to follow it. official duties. It is not intended to, does not, and may not be relied upon to create any right or
benefit, substantive or procedural, enforceable at law or by any individual or other party in
removal proceedings, in litigation with the United States, or in any other form or manner."
Because of the time sensitive nature of the DV process and the fact that available visas for this FY are being fast depleted, I had suggested you get in touch with a lawyer the first time you reported about the denial letter. There are documented cases of DV applicants who have gone ahead and sued USCIS for failure to issue them with a visa, sadly those cases did not result in visas issued either at the end of the day on the basis that once the FY is over or they run out of visas for the applicable FY, there's nothing that can be done again.
I hope the lawyer you're meeting with next week will be willing to drop everything and focus on your case. I sincerely wish you a more positive and happy outcome at the end of all this. Of course since the lady also finally told you to wait until Sept 30th, I truly hope she will have a change of heart and approve the case long before then.
Good luck!
Sm1smom
Super Moderator
And..........
Congratulations Tony! Enjoy the new status.
jj777
Active Member
Thank you Mom for your wise input. Actually, today was the first time I ever talked to that lady who held against me. I just feel there are something going on and suspicious about the process of my case. I will have to see how the lawyer will proceed the case, as the time goes by quickly.
Sm1smom
Super Moderator
Yeah, remain hopeful and positive. Also keeping my fingers crossed for you.
Britsimon
Super Moderator
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....
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.
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.