DV 2016 AOS Only

[GTZ]

You can go for an INFOPASS appointment as often as you like/able to.

Thank you mom for your reply. I will schedule one more Infopass next month

 

[SusieQQQ]

From reading some posts in the past, it seems some front offices are indeed not particularly concerned about what month someone was current in as long as it is done sometime in the fiscal year, I'm suspecting that's what is happening to some of these recent reports too.

 

[Britsimon]

From reading some posts in the past, it seems some front offices are indeed not particularly concerned about what month someone was current in as long as it is done sometime in the fiscal year, I'm suspecting that's what is happening to some of these recent reports too.

Agreed. Some FOs schedule interviews for their own convenience. That certainly happened in my case...

 

[Speedie]

Thanks for your suggestions
Today was my husband's biometrics appointment. I went with him and they did it for me regardless the date on my letter which was feb 5th. It was busy there actually but they said that's ok. So i just wanted to suggest anyone with same issue to just walk in to application center with your spouse and try to do your biometrics at the same time. Don't panic if you have different date on your letter.

I'm glad it worked out.

 

[bludragon]

Been 2 weeks since my interview date, and IO still hasn't requested the KCC file even though i brought it up during the interview saying that she would need it, which she verified and agreed. this experience is definitely teaching me patience like nothing else

 

[EW84]

I just tried it and I now get the same message. I didn't schedule a second appointment after the one I had.

I got the same message (No Appointments available) for the San Diego office. After googling a bit I found out that it seems that they update the infopass appointments around 5pm, which means your chances are the best when you try around that time. I'm not sure about the time zones (maybe it's actually 8pm east coast time?), but it just worked great for me (5:09pm, and I had all times for 02/19/16 available). I tried for the last 5 days with no luck during the day.

 

[bjmnyc]

Hi, I did the fingerprints on November, 24th. But I have no received yet the letter for the interview. Is there a big backlog? Why it takes so long? Do I need to ask for an infopass appointment or is it better to wait?

 

[tmy]

Hi, I did the fingerprints on November, 24th. But I have no received yet the letter for the interview. Is there a big backlog? Why it takes so long? Do I need to ask for an infopass appointment or is it better to wait?

I did fingerprints on Nov 10th, and no IL yet. So don't worry, you are not the one in this situation, there are a few more people facing the same problem )) INFOPASS can be helpful, but most likely that it won't )) But as Mom said there is no harm to take INFOPASS.

 

[bjmnyc]

I did fingerprints on Nov 10th, and no IL yet. So don't worry, you are not the one in this situation, there are a few more people facing the same problem )) INFOPASS can be helpful, but most likely that it won't )) But as Mom said there is no harm to take INFOPASS.

I did fingerprints on Nov 10th, and no IL yet. So don't worry, you are not the one in this situation, there are a few more people facing the same problem )) INFOPASS can be helpful, but most likely that it won't )) But as Mom said there is no harm to take INFOPASS.

Happy to know that I am not the only one waiting for IL. I imagine that we need to be more patient.

I did fingerprints on Nov 10th, and no IL yet. So don't worry, you are not the one in this situation, there are a few more people facing the same problem )) INFOPASS can be helpful, but most likely that it won't )) But as Mom said there is no harm to take INFOPASS.

 

[Marian Valentin]

Thank you for your answer regarding F1 case still pending & DVlottery acceptance case. We just received yesterday the receipts for I-485, travel & work doc., saying that we will receive a biometrics letter and to follow the instructions there. I was just wondering since the F1 answer still matters, how come they accepted the Dv case without questioning ? Is it no chance that it could have been accepted the [ pending/ processing status which is also called period of authorized stay by Attorney general, since we timely filled the CHANGE OF STATUS ( and it took them longer than 6 months to respond to our case)]?
I just have all scenarios in my head now, regarding taking long time to answer for F1 and also the fact the Dv case was accepted for further processing.

Thank's again for your time!

 

[EURO2014]

Thank you for your answer regarding F1 case still pending & DVlottery acceptance case. We just received yesterday the receipts for I-485, travel & work doc., saying that we will receive a biometrics letter and to follow the instructions there. I was just wondering since the F1 answer still matters, how come they accepted the Dv case without questioning ? Is it no chance that it could have been accepted the [ pending/ processing status which is also called period of authorized stay by Attorney general, since we timely filled the CHANGE OF STATUS ( and it took them longer than 6 months to respond to our case)]?
I just have all scenarios in my head now, regarding taking long time to answer for F1 and also the fact the Dv case was accepted for further processing.

Thank's again for your time!

As a general rule, aliens who have engaged in unauthorized employment, or who were not in lawful status at the time of filing the adjustment application, or who have failed to continuously maintain status for even a single day since their entry into the United States are barred from adjustment of status. I had thought you are working through an (hopefully experienced) immigration lawyer? She/he should be able to explain this issue to you in detail, including applicable exceptions, based on your specific personal circumstances which of course we can't be aware of. The fact that USCIS acknowledged receipt of your filings does, unfortunately, not mean anything as to final outcome of said filings, depending on the answer to above questions.

 

[SusieQQQ]

I was just wondering since the F1 answer still matters, how come they accepted the Dv case without questioning ? Is it no chance that it could have been accepted the [ pending/ processing status which is also called period of authorized stay by Attorney general, since we timely filled the CHANGE OF STATUS ( and it took them longer than 6 months to respond to our case)]?
!

I'm no expert but it seems to me you are likely getting confused between an administrative process (the lockbox accepting your DV AOS application which seems prima facie valid on the basis of when your number was published in the visa bulletin) and the adjudication process, which is when the USCIS officer examines your application for AOS to ensure all conditions have been met and which will look at other factors (F1 application, if you are in status etc) that may determine whether or not to approve you. There have of course been cases of denial at interview, the lockbox accepting the case doesn't mean everything else has been examined and deemed to be good.

 

[Sm1smom]

Hi, I did the fingerprints on November, 24th. But I have no received yet the letter for the interview. Is there a big backlog? Why it takes so long? Do I need to ask for an infopass appointment or is it better to wait?

Schedule an INFOPASS. Even if the INFOPASS does not immediately result in an IL being issued (like it's done for some in the past), it helps in bringing the case to someone's attention, especially in a situation where the FO has mistakenly missed the fact that the AOS petition is DV based.

 

[Sm1smom]

Thank you for your answer regarding F1 case still pending & DVlottery acceptance case. We just received yesterday the receipts for I-485, travel & work doc., saying that we will receive a biometrics letter and to follow the instructions there. I was just wondering since the F1 answer still matters, how come they accepted the Dv case without questioning ? Is it no chance that it could have been accepted the [ pending/ processing status which is also called period of authorized stay by Attorney general, since we timely filled the CHANGE OF STATUS ( and it took them longer than 6 months to respond to our case)]?
I just have all scenarios in my head now, regarding taking long time to answer for F1 and also the fact the Dv case was accepted for further processing.

Thank's again for your time!

I already told you the F1 petition and the AOS petition are two independent petitions. Formal acceptance of the AOS petition at this stage has absolutely no bearing on the current status of of your F1 petition. The decision as to whether or not you are in a valid status is only determined at the time of adjudication. A petitioner's status is not taken into consideration as at the time of the petition's acceptance which is merely an administrative process - which does not involve an IO's review of the case.

The DV based AOS process will continue regardless of the current status of the F1 petition. As a matter of fact, in a worst case scenario, if the F1 petition gets denied first, your AOS processing will still continue until an IO makes a final decision to either approve or deny that petition also. The only petition that may die a natural death is the F1 petition ASSUMING it is still pending by the time the AOS petition gets denied.

 

[EURO2014]

I already told you the F1 petition and the AOS petition are two independent petitions. Formal acceptance of the AOS petition at this stage has absolutely no bearing on the current status of of your F1 petition. The decision as to whether or not you are in a valid status is only determined at the time of adjudication. A petitioner's status is not taken into consideration as at the time of the petition's acceptance which is merely an administrative process - which does not involve an IO's review of the case.

The DV based AOS process will continue regardless of the current status of the F1 petition. As a matter of fact, in a worst case scenario, if the F1 petition gets denied first, your AOS processing will still continue until an IO makes a final decision to either approve or deny that petition also. The only petition that may die a natural death is the F1 petition ASSUMING it is still pending by the time the AOS petition gets denied.

Yep. I-539 Application to Change Nonimmigrant Status to F student category (presuming this is what has been filed) is approx. 2.5 months (USCIS California Service Center), so likely that one will be adjudicated first if everything was complete.

 

[Sm1smom]

Yep. I-539 Application to Change Nonimmigrant Status to F student category (presuming this is what has been filed) is approx. 2.5 months (USCIS California Service Center), so likely that one will be adjudicated first if everything was complete.

We don't know for certain which one will end up being adjudicated first in this case. The OP's F1 petition is pending for 8 months plus.

 

[EURO2014]

We don't know for certain which one will end up being adjudicated first in this case. The OP's F1 petition is pending for 8 months plus.

Well, then a minor miracle may be required having to proof continuous, uninterrupted status if this long awaited decision may turn out negative...

 

[kchemist]

Well, then a minor miracle may be required having to proof continuous, uninterrupted status if this long awaited decision may turn out negative...

I thought after applying AOS even if the F1 is denied he can stay in the country until the adjunication of I-485. In otherwords he wont go out of status until the final decission of I485 is made.

 

[EURO2014]

I thought after applying AOS even if the F1 is denied he can stay in the country until the adjunication of I-485. In otherwords he wont go out of status until the final decission of I485 is made.

Not quite, I believe. If the F-1 should be adjudicated first and the pending application declined, which is a possibility given the duration of this specific I-539 filing which is rather unusual, then he could subsequently be found to have been out of status at the time of having filed the I-485, making him ineligible to follow that route. This would leave CP open for DV processing, which probably should have been the route to follow in the first place in this DV case. But hey, he mentioned that he is working through an immigration lawyer, so should hopefully have received/continue to receive proper counsel.

 

[Sm1smom]

I thought after applying AOS even if the F1 is denied he can stay in the country until the adjunication of I-485. In otherwords he wont go out of status until the final decission of I485 is made.

This is one of the reasons we've always advocated for people to ensure they're in a valid status up till the time of their interview. If the F1 petition gets denied before the AOS petition is adjudicated, it technically means he was out of status as at the time of filing the AOS petition regardless of that petition's acceptance while the F1 petition was pending. The valid status in that case is counted from when the actual previous status expired, not from when the F1 petition was denied.