DV 2016 AOS Only
- Thread starter Sm1smom
- Start date
Sm1smom
Super Moderator
Not necessarily. The EAD/AP card process and production typically takes about 3 - 4 months. It's not handled by individual FOs, and it's not unusual for the card to actually show up a couple of days/weeks before the GC shows up, following a successful interview.
There's typically no RFE stage with DV based AOS petitions, it however doesn't mean the submitted documents are okay. Whatever issues there may be with a document, if any, is typically handled at the time of the interview or after.
Marian Valentin
New Member
The lawyer said we start accruing unlawful presence from today(next day after denial).
The only issue is we can not predict how the consulate will consider the denial of F1. IF they consider unlawful presence from last day of I-94 or from denial?
That is something that the lawyer can only assume. If it's from last day of I 94, 180 days are today; if it's from day of denial, it's 1 day.
EURO2014
Well-Known Member
"While an alien is waiting for the USCIS decision on his or her application for extension or change of status, he or she is considered to be in authorized stay, until such application is decided, provided:
1. such application was timely filed (before the lapse of the authorized stay);
2. such application is meritorious, not frivolous; and
3. the alien has not worked without authorization.
If the application for extension or change of status is granted by USCIS, even after a long delay in the adjudication, no unlawful presence has accrued.
If such application for extension or change of status is, however, denied, unlawful presence accrues from the date of the denial, if the denial is on ground(s) other than untimely filed or frivolous application, or work without authorization.
But if the denial of such application is based on untimely filed or frivolous application, or work without authorization, unlawful presence accrues on the day after the expiration date on Form I-94 (Departure Record). "
Source: http://www.mosquedalaw.com/IMM 134.htm
Marian Valentin
New Member
Thank you for your attention. That is very true( same thing we were debating today). But who is deciding if the application was frivolous?-if it's definitely not listed on the Denial letter, I should just assume that is not, right? The lawyer said that is NON FRIVOLOUS by any means, but the problem is at the consulate, the consul has full discretion of his answer( and I'm not sure if at the consulate will be able to bring Memorandums or Policies of Uscis-which I will definitely try).
Thank's again for you answer!
EURO2014
Well-Known Member
You are welcome. First, just briefly for other folks reading this post: when considering to process DV AOS while on non-immigrant visa status in the US, it is very important to ensure that your visa status from which you apply I-485 Change of Status(COS) is valid until the COS process will be fully completed.
In respect to your CP process. Please make sure to follow the steps exactly as suggested by Britsimon above. Your first priority is to get a potential Consulate interview in your home country lined up. While you are doing that, you have to take urgent steps to self-deport, i.e. physically leave the US at your earliest opportunity. Don't hang around in the US any longer, you will ultimately have to show that you left the US right after you learned about the USCIS F-1 application denial.
Finally, learn as much as possible about the CP process and, as you have started to do, about the DV interview at your specific US Consulate. Requirements tend to differ between consulates and are, in any case, somewhat different from the AOS DV interview you have been considering thus far. As to what the CO will ultimately decide, this is out of your hands and, as you rightly point out, the CO has full discretion to decide (within established rules and regulations for the CP visa process). The only thing you can do is to be fully prepared to present your case in the best possible light, and this "preparation" has to start now by packing your bags and documenting your departure date from the US. Speculation about likelihood of success of your DV CP process really does not help you much at this time, I am afraid. Very best of luck!
Hello everyone. It's been a week since we've visited our FO and still no signs of my wife's EAD card. Last online inquiry we made was 2 weeks ago and it said that case is under review and we should receive decision shortly. Is there anything we can do or just wait as usual? Will it hurt if we submit inquiry again?
Sm1smom
Super Moderator
You did an online inquiry two weeks ago, came back from INFOPASS one week ago, - doesn't seem to me like an unusual amount of time has passed since then (yes, I admit it's unusual for yours to show show up while hers is pending considering both petitions got submitted together, but regardless). I would say exercise some patience. The big deal should really be the IL followed by the GC itself IMHO.
jjjess
Member
So I've had my second INFOPASS earlier this morning. Nothing new, they have the file. The officer said that she will put an inquiry regarding my case since it was two months past my previous INFOPASS and there is still no IL. She also double checked that I'm not travelling anywhere soon, so any date would work for me.
I'll see if there are any updates soon. As I said before, it's been 6 months since I filed and patient waiting became a part of my daily routine
I'll see if there are any updates soon. As I said before, it's been 6 months since I filed and patient waiting became a part of my daily routine
Thank you Mom for your reply. Yeah, I know we just need to wait, just wanted to hear that from someone else)
Thanks again
Hello. I won DV lottery 2016 and filed for AOS in September 2015, when my number was current. My number is EU 5**. Got my fingerprint appointment on October 20, 2015. And still waiting for interview. I went for Infopass appointment on February 4. They told me to wait and submitted the letter to expedite the interview. I am a little worried as I see in some forums that people with greater numbers got their appointments already. When do you suppose I would get the letter? Thanks
KentConcept
Member
Hi everyone and thanks for the precious information you are providing in this forum. I won the DV lottery 2016 and I'm in the U.S. with a J-1 Research Scholar since April 2015. I applied for AOS and my number became current in November so I sent the documents in November 2, I did my fingerprint appointment and received my EAD+AP combo card. Like many of you, no news neither IL so far. At the beginning I was thinking to wait for receiving the GC before traveling to my home country (Italy), but since my fear is that I will still need to wait at least 3 months, I'm starting to evaluate the possibility to use my Advance Parole to go in Italy for one month, for a vacation. I would like to know your opinion about doing that because I don't want to risk anything and using the AP is of course worse then waiting here until the approval of the i-485. I don't have any unlawful presence in the U.S. and everything should be perfect.
Furthermore, I have the following questions:
1) When I would be in a US airport and leaving with AP, I need to show/tell to someone that document or I will need to show the AP just when I will re-enter the U.S.? If it's not necessary to show it while leaving, how can they tell that I have an AP and not making my i-485 void?
2) Is it enough the EAD+AP combo card or I need to bring with me all the documents in my possess?
3) Will my case being put in "pause" while I'm outside the U.S. or will still continue to be processed? My idea is to stay one month in Italy but in case of need go back in the U.S. early, in case I'll receive the IL letter and the interview date would be between that month of vacation.
So what do you think? Better to wait until the GC or do this travel without any overthinking?
Thanks in advance and good luck to everyone!!!
Furthermore, I have the following questions:
1) When I would be in a US airport and leaving with AP, I need to show/tell to someone that document or I will need to show the AP just when I will re-enter the U.S.? If it's not necessary to show it while leaving, how can they tell that I have an AP and not making my i-485 void?
2) Is it enough the EAD+AP combo card or I need to bring with me all the documents in my possess?
3) Will my case being put in "pause" while I'm outside the U.S. or will still continue to be processed? My idea is to stay one month in Italy but in case of need go back in the U.S. early, in case I'll receive the IL letter and the interview date would be between that month of vacation.
So what do you think? Better to wait until the GC or do this travel without any overthinking?
Thanks in advance and good luck to everyone!!!
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Hi. I've travelled abroad and came back to the US successfully using my AP so I'll try to answer your questions.
1. You don't have to tell anyone anything when you're departing. When you applied for AP, you have already made it clear to the USCIS that you don't have the intention to abandon your application if you travel abroad. CBP officer will understand your intention to get paroled into the US when you present your AP Document/Combo Card along with your passport upon arriving to the US airport. Just a note: if your J visa is still valid, show that visa when you're departing your country of origin. Showing the AP card to airline staff can sometimes complicate stuff. It's non of their business anyway, they only need to know if you have the right documentation to seek admission.
2. My combo card and passport was enough to get back into the country. In case, you wanna show your J visa to the airline staff, I'd take my I-20 with me in case they ask. (Never mind if you don't have an I-20)
3. No, they will not put your application on hold because you're traveling. That's one of the risks of traveling when you have a pending I-485. Since you don't know when exactly you'll get your IL, it may require you to either postpone your appointment [which is not recommended], or make immediate plans to come back to the US to make your appointment. Bear in mind that there have been some cases where the IL letter arrived a day before the scheduled interview.
Another risk of traveling while you have pending AOS is that if by any chance, your application gets denied. Your AP will be revoked automatically.
Also as far as I know, once you use your AOS related EAD and/or AP, you can't fall back to J status if your AOS application gets denied. Thought you may want to be aware of this too.
If I were you, I wouldn't risk it and wait it a little more as you were current in November and it's March already.
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KentConcept
Member
Hi beau, thanks for you precious information.
My J-1 will expire on April 14 2016, so in my way back from Italy I would not have any valid VISA to show, but just the Advance Parole. I was told that presenting a VISA instead of the AP during the way back would somehow being interpreted as "I don't care anymore about my AoS" so that is always better to make clear you are entering in the U.S. with the AP and not the VISA. I don't know what are the real risks in both these cases.
I'm aware of the other risks you underlined, it's just because I already have the ticket for March 31, acquired the last year (so before discovering that I would win the DV lottery) and I can't postpone the flight because the ticket validity is 12 months. That's why I'm evaluating the possibility, because I would have to trash the ticket in case I'll stay.
Do you guys think that with my timeline there's a chance of getting an IL + Interview date before May or June? I'm not so optimistic about it because according to the timeline of this year I can see people that filed the documents even 2 months before me that are still waiting the IL.
Another question:
How can I discover what is the FO assigned to me? In my combo card I just have an office code but I can't find anywhere online the matching code-FO.
I live in Berkeley, CA, so probably my FO is San Francisco but there's also the FO of San Jose that is not so far from my location.
Thanks again
My J-1 will expire on April 14 2016, so in my way back from Italy I would not have any valid VISA to show, but just the Advance Parole. I was told that presenting a VISA instead of the AP during the way back would somehow being interpreted as "I don't care anymore about my AoS" so that is always better to make clear you are entering in the U.S. with the AP and not the VISA. I don't know what are the real risks in both these cases.
I'm aware of the other risks you underlined, it's just because I already have the ticket for March 31, acquired the last year (so before discovering that I would win the DV lottery) and I can't postpone the flight because the ticket validity is 12 months. That's why I'm evaluating the possibility, because I would have to trash the ticket in case I'll stay.
Do you guys think that with my timeline there's a chance of getting an IL + Interview date before May or June? I'm not so optimistic about it because according to the timeline of this year I can see people that filed the documents even 2 months before me that are still waiting the IL.
Another question:
How can I discover what is the FO assigned to me? In my combo card I just have an office code but I can't find anywhere online the matching code-FO.
I live in Berkeley, CA, so probably my FO is San Francisco but there's also the FO of San Jose that is not so far from my location.
Thanks again
Sm1smom
Super Moderator
Well, wish I could tell you when you'll receive your IL, unfortunately I can't. Neither can anyone else in this forum or elsewhere tell you. Only your FO knows that for now. With AOS, IL is FO dependent, so it is not unusual for people with higher CNs to receive their IL while you're still waiting like you rightly noticed. One thing you can do for now is look at the Timelines spreadsheet to compare the processing time of others who have previously got processed by your FO to get an idea of how long it typically takes your FO to process DV based AOS petitions.
Link to the Timelines spreadsheets can be found on one of the tabs on the AOS process spreadsheet linked below:
https://goo.gl/x7x3td
p.s. Your number wasn't "current in September", it was current in October which is the first month of your applicable FY.
Hello again.
I didn't say you should show your visa when you're ENTERING the US. CBP officer probably won't let get away with that anyway. What I said is that you should show your J visa when you are DEPARTING ITALY to the airline staff and present your AP once you are IN the US. I boarded the plane using my F1 visa and sought parole using my AP in the US.
You say your visa will be expired by that time anyway so, I'm just clarifying if anyone reads this for reference.
You can find your FO through this link: https://www.uscis.gov/about-us/find-uscis-office/field-offices?ftopics_tid=1&t=C#alpha-listing
Sm1smom
Super Moderator
Like @beau noted, without a valid visa, you run a high risk of an airline refusing to board you. Most of them recognize the passport, the GC, or a visa as documents authorizing you admission into the US, the AP card may not be too well know. Plus, showing an airline agent a valid visa before departing from a foreign isn't the same as presenting the same visa to in place of an AP card to the CBP officer for admission.
Now, having said all that, I also have to point out, undertaking a 1 month trip at this point in time isn't a smart decision IMHO.
FO is determined based on your home address. You can use the link below to find out your applicable FO:
https://www.uscis.gov/about-us/find-uscis-office/field-offices
KentConcept
Member
Hi @beau and @Sm1smom , your comments are very very useful. Thank you so much.
Apparently my FO seems to be San Francisco, since Berkeley is in the Alameda County. What is the ASC column in the timelines spreadsheet? I'm adding a record on it related to my case.
I was reading that for Europe we should have enough GC available to cover the entire FY. However, I was wondering when would be useful to schedule an INFOPASS appointment to assure that everything would finish as soon as possible. My case is still in a normal processing time, but as said I'm not optimistic on the timeline according to the timelines of the people of this forum, so I'm just trying to figure it out how long wait before schedule an INFOPASS because I don't think that scheduling an appointment right now would make any difference
Apparently my FO seems to be San Francisco, since Berkeley is in the Alameda County. What is the ASC column in the timelines spreadsheet? I'm adding a record on it related to my case.
I was reading that for Europe we should have enough GC available to cover the entire FY. However, I was wondering when would be useful to schedule an INFOPASS appointment to assure that everything would finish as soon as possible. My case is still in a normal processing time, but as said I'm not optimistic on the timeline according to the timelines of the people of this forum, so I'm just trying to figure it out how long wait before schedule an INFOPASS because I don't think that scheduling an appointment right now would make any difference
ASC stands for Application Support Center. That's the office you go for your biometrics.
Good morning guys and @Sm1smom
Finally today I had my interview (San Francisco USCIS office)!! everything went well, the officer was very kind we went trough the I-485 form to check all the information and documents at the end he told that I should wait between 2-4weeks to receive the approval letter but I asked him if it was possible to received an answer right away he told me to wait outside for 20 min and after that he call me again telling me that my case was approve!!! I still cant believe that finally I finish the process since October 2015.
I have to thank the people and mom for the help and support that you gave me during the whole process, really thank you if not enough!!
Hoping that the rest of you also finish your process as soon as possible! Best wishes
and once again... THANK YOU
ASGA
Finally today I had my interview (San Francisco USCIS office)!! everything went well, the officer was very kind we went trough the I-485 form to check all the information and documents at the end he told that I should wait between 2-4weeks to receive the approval letter but I asked him if it was possible to received an answer right away he told me to wait outside for 20 min and after that he call me again telling me that my case was approve!!! I still cant believe that finally I finish the process since October 2015.
I have to thank the people and mom for the help and support that you gave me during the whole process, really thank you if not enough!!
Hoping that the rest of you also finish your process as soon as possible! Best wishes
and once again... THANK YOU
ASGA