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DV 2016 AOS Only

Dear Mom,
I am in need of your expertise again please. I just received an RFE notice for i-485. I attached a copy below. From what I understand they want me to send proof of granted asylum which I don't have because I am pending asylum. Also, it's been 121 days since I applied for renewal of EAD (my initial one expired now and was based on a political asylum) and haven't received a new one yet. I went to INFOPASS today and was told my EAD is delayed most likely due to RFE on i-485. Also, the officer told my that it was denied and then approved on the same day which was very confusing. She wouldn't give me any other info. Can you suggest how do I properly respond to this RFE? This is my last chance at this. Thank you.

I was able to find this section of the law which I think would make me eligible for AOS.
(II) Asylees. - No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.

Just a quick reminder of my situation:
I came to US in May, 2014 from Ukraine on a B-2 Visa. Applied for assylum in July, 2014. Six month Visa expired in Nov, 2014 (4 months after I applied for asylum. Right now my status is pending asylum. I also won a DV lottery 2016. My number is current from Nov, 2015. I decided to pursue to the DV lottery route by i-485 AOS. I didn’t withdraw my asylum application to avoid unlawful presence in US. I submitted my AOS package to USCIS based on DV lottery on October 26, 2015 and concurrently i-765 for EAD renewal based on pending asylum.
 

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Svitlana said:
Dear Mom,
I am in need of your expertise again please. I just received an RFE notice for i-485. I attached a copy below. From what I understand they want me to send proof of granted asylum which I don't have because I am pending asylum. Also, it's been 121 days since I applied for renewal of EAD (my initial one expired now and was based on a political asylum) and haven't received a new one yet. I went to INFOPASS today and was told my EAD is delayed most likely due to RFE on i-485. Also, the officer told my that it was denied and then approved on the same day which was very confusing. She wouldn't give me any other info. Can you suggest how do I properly respond to this RFE? This is my last chance at this. Thank you.

I was able to find this section of the law which I think would make me eligible for AOS.
(II) Asylees. - No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.

Just a quick reminder of my situation:
I came to US in May, 2014 from Ukraine on a B-2 Visa. Applied for assylum in July, 2014. Six month Visa expired in Nov, 2014 (4 months after I applied for asylum. Right now my status is pending asylum. I also won a DV lottery 2016. My number is current from Nov, 2015. I decided to pursue to the DV lottery route by i-485 AOS. I didn’t withdraw my asylum application to avoid unlawful presence in US. I submitted my AOS package to USCIS based on DV lottery on October 26, 2015 and concurrently i-765 for EAD renewal based on pending asylum.
Click to expand...

Why would you concurrently file a pending asylum based EAD card extension with a DV based AOS petition? I think you created some unnecessary problems for yourself. You could have simply filed for a new EAD card based on your AOS petition, or simply file for the pending asylum based EAD extension on its own.

Well, I typically don't give advice on none straight forward DV based AOS cases. But I can suggest you you respond to the RF with a copy of the NOA you received when you originally filed your I-589 and any other pertinent documents you've received from USCIS since filing for asylum. Also include a clear note explaining the fact that you're currently a pending asylee. You should also explain the fact that this particular AOS is DV based.
 
Sm1smom said:
Why would you concurrently file a pending asylum based EAD card extension with a DV based AOS petition? I think you created some unnecessary problems for yourself. You could have simply filed for a new EAD card based on your AOS petition, or simply file for the pending asylum based EAD extension on its own.

Well, I typically don't give advice on none straight forward DV based AOS cases. But I can suggest you you respond to the RF with a copy of the NOA you received when you originally filed your I-589 and any other pertinent documents you've received from USCIS since filing for asylum. Also include a clear note explaining the fact that you're currently a pending asylee. You should also explain the fact that this particular AOS is DV based.
Click to expand...

Thank you. I understand how this tangled the situation now. My intention was to "just in case" I got denied on my dv based i-485, I would get my EAD renewed based on a political asylum. I guess I did not realize that both i-485 and i-765 would be processed together and get confusing. Big mistake on my part :(

I just want to mention that RFE was give for i-485 and not for i-765 though. I am really not that worried about the i-765 as much as not to get denied on i-485 which is what RFE was issued for. Do you suggest at this point to respond the same as you mentioned earlier?
 
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Svitlana said:
Thank you. I understand how this tangled the situation now. My intention was to "just in case" I got denied on my dv based i-485, I would get my EAD renewed based on a political asylum. I guess I did not realize that both i-485 and i-765 would be processed together and get confusing. Big mistake on my part :(

I just want to mention that RFE was give for i-485 and not for i-765 though. I am really not that worried about the i-765 as much as not to get denied on i-485 which is what RFE was issued for. Do you suggest at this point to respond the same as you mentioned earlier?
Click to expand...

Regardless, all you had to do was separately file for the EAD extension on its own, using your pending asylum application notice/documents in support of it.

I'm aware the RFE is with regards to the I-485 and that's what my response above is based on.
 
Sm1smom said:
Regardless, all you had to do was separately file for the EAD extension on its own, using your pending asylum application notice/documents in support of it.

I'm aware the RFE is with regards to the I-485 and that's what my response above is based on.
Click to expand...
Thank you. I wish I had this logic before but I guess it's too late now.
 
@Sm1smom, I have a small Concerned about 2NL... The way i have understood is the email from KCC which says the intention of AOS...because i have received an email from KCC in October about AOS,, and i have submitted my DS-260 recently......So here, Do i receive an email again from KCC Regarding the Submission of DS-260????
I also spoke to KCC about this, they informed me they only send one and only one email which is about AOS, which is mostly they already sent in October........

Thanks a lot for your promote Response...
 
Alyas said:
@Sm1smom, I have a small Concerned about 2NL... The way i have understood is the email from KCC which says the intention of AOS...because i have received an email from KCC in October about AOS,, and i have submitted my DS-260 recently......So here, Do i receive an email again from KCC Regarding the Submission of DS-260????
I also spoke to KCC about this, they informed me they only send one and only one email which is about AOS, which is mostly they already sent in October........

Thanks a lot for your promote Response...
Click to expand...

The 2NL for AOSers is the email from KCC acknowledging their awareness of a selectee's decision to proces AOS. It usually comes with an attachment (or 2?). Sounds like what you already received from KCC.

How come KCC sent this email to you back in October if you only sent in your DS-260 form not too long ago? How did they know of your decision to process AOS?
 
Amiru said:
I know that there are limited number of green cards for each year. I have done my biometric and just waiting for IL (more than 4 months). Should I be worried about the number of GCs or I have passed that level? I mean if my status shows "pending interview" (that's what they told me in INFOPASS), Does it mean that I will get the interview anyway? Thanks.
Click to expand...
Hi Amiru, I have the same situation. Which area are you from (Asia, Europe ...)? I am from Asia, middle east. I have an infopass appointment on March 3rd which is my first infopass appointment. Do you have any recommendation? What did you take with yourself for the infopass appointment?
 
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Sm1smom said:
The 2NL for AOSers is the email from KCC acknowledging their awareness of a selectee's decision to proces AOS. It usually comes with an attachment (or 2?). Sounds like what you already received from KCC.

How come KCC sent this email to you back in October if you only sent in your DS-260 form not too long ago? How did they know of your decision to process AOS?
Click to expand...
Good Catch,,, I really appreciate for your geniuses...
Because i have paid DV Fee in July/2015..
Thanks a lot...

How long KCC usually takes time to process DS-260..?? Any idea please..
 
Alyas said:
Good Catch,,, I really appreciate for your geniuses...
Because i have paid DV Fee in July/2015..
Thanks a lot...

How long KCC usually takes time to process DS-260..?? Any idea please..
Click to expand...

How long KCC takes to process the DS-260 form is irrelevant to the AOS process. I'm not sure why you're going on and on about the DS-260 form and the 2NL when you've already received the AOS applicable 2NL.
 
beau said:
Soft update: KCC confirmed NYFO requested my file on Feb18 and it was sent the same day.
Does this suggest the IL is around the corner?
Click to expand...
Hi beau, I have the similar timline in Philadelphia FO. May I ask how you contacted KCC to get to this response? Did you ever go with Infopass?
 
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