• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

DV 2016 AOS Only

Fenton said:
So, had our interview on 16th and our case was approved on Sept 20, and we got the welcome letters today. Online status says our cards have been posted. Bizarrely, on Sept 21, they generated and sent us initial interview letters for late October. We went to an infopass and the IO looked up our case and said it's all done, all approved and the second interview letter must be a "glitch" as it was generated the day after our final approval (she checked with supervisor). They gave us a written note saying that we can ignore the glitch interview letter. So now this bizarre interview letter is in the system. I asked them to remove it and they couldn't, but they gave us the written note. I'm a bit concerned that, as we won't show for this appt, that someone will click off a denial or something in the system at that time. I asked about this and IO just said to not worry about it - as we're approved (and have the WL and GC's coming) it's all over. Ever seen this happen before?
Click to expand...

Relax and forget about the other letter. It's meaningless.
 
Fenton said:
Thanks.
Click to expand...
I need really your help, I had my interview sept 2x and everything was well until the officer told my she gonna denied my case because I'm TPS holder, I told her that I came in US with visa that she has seen in my passport and I'm legally in US I'm working and paying my taxes, she said TPS holders are not allow to get green card, I told her that is only for DV lottery it's normal application.

I'm Dv lottery 2016 winner.
Please any body can help, I will really appreciate
 
wassa said:
I need really your help, I had my interview sept 2x and everything was well until the officer told my she gonna denied my case because I'm TPS holder, I told her that I came in US with visa that she has seen in my passport and I'm legally in US I'm working and paying my taxes, she said TPS holders are not allow to get green card, I told her that is only for DV lottery it's normal application.

I'm Dv lottery 2016 winner.
Please any body can help, I will really appreciate
Click to expand...

You need to return to your FO right away and request to speak with a supervisor. Show them what their website says regarding TPS status and AOS filing:

TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:​

  • Applying for nonimmigrant status
  • Filing for adjustment of status based on an immigrant petition
  • Applying for any other immigration benefit or protection for which you may be eligible
https://www.uscis.gov/humanitarian/temporary-protected-status

Time is of essence, so you need to move super fast. Since you will be trying to do a walk in, the guards may try to stop you from going in. You need to be persistent and explain to them you only have until tomorrow to get your case approved. Go with all your documents, everything you sent and attended your interview with. Present evidence showing after tomorrow, your petition is technically dead, you can't even appeal a denial.

Print out this page that says (also bookmark it in case they demand to see the online source):

The adjustment of status process for diversity visa winners must be completed by September 30 of the fiscal year the lottery pertains to. Visas cannot be carried over to the next fiscal year.
​
https://www.uscis.gov/green-card/ot...card-through-diversity-immigrant-visa-program
​
 
wassa said:
I need really your help, I had my interview sept 2x and everything was well until the officer told my she gonna denied my case because I'm TPS holder, I told her that I came in US with visa that she has seen in my passport and I'm legally in US I'm working and paying my taxes, she said TPS holders are not allow to get green card, I told her that is only for DV lottery it's normal application.

I'm Dv lottery 2016 winner.
Please any body can help, I will really appreciate
Click to expand...

Don't know much about this but the courts have held TPS holders can adjust - https://www.lexisnexis.com/legalnew...ment-of-status-victory-bonilla-v-johnson.aspx
Whatever you do you need to do fast. The fiscal year ends tomorrow.
 
wassa said:
I need really your help, I had my interview sept 2x and everything was well until the officer told my she gonna denied my case because I'm TPS holder, I told her that I came in US with visa that she has seen in my passport and I'm legally in US I'm working and paying my taxes, she said TPS holders are not allow to get green card, I told her that is only for DV lottery it's normal application.

I'm Dv lottery 2016 winner.
Please any body can help, I will really appreciate
Click to expand...
Seeking to adjust status through I-485 under TPS requires that applicant originally entered the country legally. If you are able to document inspection and legal entry, you should be fine. Just showing that you are in the country legally under TPS at the moment, without the former, will not be sufficient for your AoS process, I believe.
 
wassa said:
I need really your help, I had my interview sept 2x and everything was well until the officer told my she gonna denied my case because I'm TPS holder, I told her that I came in US with visa that she has seen in my passport and I'm legally in US I'm working and paying my taxes, she said TPS holders are not allow to get green card, I told her that is only for DV lottery it's normal application.

I'm Dv lottery 2016 winner.
Please any body can help, I will really appreciate
Click to expand...

Be polite, but be persistent... Do whatever you can... talk to the security guard. It might be helpful to mention the officer's name. Just do it, don't give up yet. Good luck!
 
I'm continue to fight, I went there I printed out the documents through the link that mom provided the officer not available to talk to me they said to leave the doc, I've also spoke to the congressman office they also call them, i spoke also the guard who where very helpful. I'm gonna back tomorrow for my last chance.
Thx everybody for your advices
 
EURO2014 said:
Seeking to adjust status through I-485 under TPS requires that applicant originally entered the country legally. If you are able to document inspection and legal entry, you should be fine. Just showing that you are in the country legally under TPS at the moment, without the former, will not be sufficient for your AoS process, I believe.
Click to expand...

OP already demonstrated he entered the country legally - he stated in his post he had a valid visa when he entered the US. The IO's decision to deny him is not based on not being able to demonstrate he entered the country legally - the IO erroneously believe someone on a TPS status is not eligible for AOS!!
 
wassa said:
I'm continue to fight, I went there I printed out the documents through the link that mom provided the officer not available to talk to me they said to leave the doc, I've also spoke to the congressman office they also call them, i spoke also the guard who where very helpful. I'm gonna back tomorrow for my last chance.
Thx everybody for your advices
Click to expand...

You should have requested to speak with a supervisor - that's what I suggested in my first response to you.
Anyway, when you go back tomorrow do not leave until you get the issue resolved. It's your last day!
 
Britsimon said:
Fingers crossed. Take the day off. Pack a sandwich or a snack bar and make it clear you will sit in their office all day long to get this resolved.
Click to expand...
I've been there whole afternoon and finally I got a supervisor they gonna liking into it, but they said they don't have a time to talk to me, I hope they gonna make final decision by tomorrow.
 
You must log in or register to reply here.
Top