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DV 2016 AOS Only

Andoni said:
We just received a denial letter due to early filing. We filed in march and we are current this month.
The letter says we can appeal using form I-290B but my question is, can we just send all the documents again, as a new application?
Thanks mom!
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By the way, if you or your spouse are currently using the DV based EAD card for work, you'll need to stop right away. The EAD card is no longer valid.
 
Sm1smom said:
Filing an I-290B is definitely NOT the way to go in this case. The appeal process takes about 1-2 years to complete, not a viable option in a DV case.

Making an oral appeal in the form of visiting FO and trying to reason with them is an option. Resubmitting the petition afresh is another option.
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We'll go next monday and see what happens.... wish us luck!
 
One more question mom,

Can we send a new AOS package as early as next monday or do we have to wait until the decision is final? (they say we can send form I-290B within 30 days).

My spouse has not used his EAD card. We were waiting for the GC...
 
Andoni said:
One more question mom,

Can we send a new AOS package as early as next monday or do we have to wait until the decision is final? (they say we can send form I-290B within 30 days).

My spouse has not used his EAD card. We were waiting for the GC...
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The decision is already final, unless you plan on filing an appeal. If you're not planning on appealing the current decision, then send in a new package right away.

There's no point in filing for an EAD card if there's no plan of using it to work while the GC petition is pending. An EAD card is not required for employment upon AOS approval.
 
Sm1smom said:
The decision is already final, unless you plan on filing an appeal. If you're not planning on appealing the current decision, then send in a new package right away.

There's no point in filing for an EAD card if there's no plan of using it to work while the GC petition is pending. An EAD card is not required for employment upon AOS approval.
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Thanks mom, another thing, we are filing all forms again just in case next monday we can't do anything about all this and have to send all over again, and in the I-485 Part 3, they ask if you applied for permanent resident before and what was the final decision... we now have to answer "Yes" and explain it was denied due to visa not available at the time of filing, right?

Thanks!
 
Andoni said:
Thanks mom, another thing, we are filing all forms again just in case next monday we can't do anything about all this and have to send all over again, and in the I-485 Part 3, they ask if you applied for permanent resident before and what was the final decision... we now have to answer "Yes" and explain it was denied due to visa not available at the time of filing, right?

Thanks!
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Yes, that's correct.
 
Hello,
In form G-325 there are three choices in section:
This form is submitted in connection with an application for:
- Naturalization
- Other (Specify)
- Status as Permanent Resident
What I should to choose for DV winner?
Thanks
 
Mohd980 said:
Hello,
In form G-325 there are three choices in section:
This form is submitted in connection with an application for:
- Naturalization
- Other (Specify)
- Status as Permanent Resident
What I should to choose for DV winner?
Thanks
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Option 3.
 
We are back from our visit to the FO. They said the decision is final. We were there for about an hour, and they take into consideration the visa bulletin for the month the application was filed (march, and they look for the cut-offs of march and april), although the visa bulletin for the next month (april) was already published. They asked us to apply again as the best thing to do. So... here we go again!
 
Andoni said:
We are back from our visit to the FO. They said the decision is final. We were there for about an hour, and they take into consideration the visa bulletin for the month the application was filed (march, and they look for the cut-offs of march and april), although the visa bulletin for the next month (april) was already published. They asked us to apply again as the best thing to do. So... here we go again!
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I am 100% certain they are wrong. Did you take the early filing policy memo???? It EXACTLY describes the use of the guideline.
 
Andoni said:
We are back from our visit to the FO. They said the decision is final. We were there for about an hour, and they take into consideration the visa bulletin for the month the application was filed (march, and they look for the cut-offs of march and april), although the visa bulletin for the next month (april) was already published. They asked us to apply again as the best thing to do. So... here we go again!
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They are absolutely wrong in their interpretation. Of course we could go on and on about how wrong they are, but it's not likely to change the outcome for you. So, my suggestion is to go ahead and re-file as previously discussed.
 
Hello, today I got an email from KCC with pdf attachment and the file says in the beginning: Thank you for informing us that you plan to apply for adjustment of status with U.S. Citizenship and Immigration Services (USCIS).
I just wanna make sure is that the 2nl confirmation?
 
Mohd980 said:
Hello, today I got an email from KCC with pdf attachment and the file says in the beginning: Thank you for informing us that you plan to apply for adjustment of status with U.S. Citizenship and Immigration Services (USCIS).
I just wanna make sure is that the 2nl confirmation?
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Yes it is.
 
Andoni said:
We are back from our visit to the FO. They said the decision is final. We were there for about an hour, and they take into consideration the visa bulletin for the month the application was filed (march, and they look for the cut-offs of march and april), although the visa bulletin for the next month (april) was already published. They asked us to apply again as the best thing to do. So... here we go again!
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Did you try talking with a supervisor?
 
Andoni said:
We are back from our visit to the FO. They said the decision is final. We were there for about an hour, and they take into consideration the visa bulletin for the month the application was filed (march, and they look for the cut-offs of march and april), although the visa bulletin for the next month (april) was already published. They asked us to apply again as the best thing to do. So... here we go again!
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Plus If I were you while I prepare other documents I would actually print out the VB with the date it's published and will go to congressmens/women's office and talk to their USCIS liaison about the issue.
 
Andoni said:
We are back from our visit to the FO. They said the decision is final. We were there for about an hour, and they take into consideration the visa bulletin for the month the application was filed (march, and they look for the cut-offs of march and april), although the visa bulletin for the next month (april) was already published. They asked us to apply again as the best thing to do. So... here we go again!
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FYI Heres the PPT for USCIS and congress inquiries, if you scroll to slide number 22 you can see congressmen/women can request an expedite request if it is a USCIS error.
 
Thanks kchemist for your support.
We talked with the supervisor, in fact they sent us directly to her when we explained our case at the registration desk.
Once they tell you it's going to be a no (more than once), I think the best thing to do in this case is reapply. I don't think we'll have a problem with visa availability.
 
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