DV 2016 AOS Only

[Britsimon]

Dear Mom,
Did my INFOPASS today. The officer I dealt with was impatient right from the beginning. She requested for a number of documents and raised her voice as I fumbled with a folder to find what she wanted.

I told her I did the interview more than three weeks ago and had been advised the GC would be mailed within 2 weeks.

She asked if I had any written evidence of the “approval” from the interview and I replied I had not known written approval should have been provided. She also asked if I had completed my medicals (?). I said YES. .

I informed her that I had called KCC and they advised PIMS been updated with my file Aug 25th. She did not comment but just looked blank. Her next question was: WHAT WILL YOU DO IF YOU DON’T GET YOUR GREEN CARD? It was my turn to go blank.

I went back to sit and she called me back after 15 minutes and said my case was marked as pending. I asked if my background check was complete and she did not answer. She said I-485 adjudication is required by law to take up to 120 days even if it is a DV. I reminded her about the Sept 30 deadline and she said it does not matter.

She said there is nothing we can do but wait as officers were all very busy (elections, etc). She took my number and said she would call me with an update before end of day but suddenly said she will call me in about a week. At the end she wrote down her name on a piece of paper and gave it to me for reference, which I thought was nice of her. Any advice on how to proceed?

"She said I-485 adjudication is required by law to take up to 120 days even if it is a DV. I reminded her about the Sept 30 deadline and she said it does not matter."

Take the memo to the next infopass. You must be prepared to counter this sort of comment!

 

[XX2016]

"She said I-485 adjudication is required by law to take up to 120 days even if it is a DV. I reminded her about the Sept 30 deadline and she said it does not matter."

Take the memo to the next infopass. You must be prepared to counter this sort of comment!

Just reviewed the 2013 Memorundum and did not find any relevant mention on adjudication timelines. Which memo are you recommending?

 

[Sm1smom]

DV2016. Check row#33

Okay, first of all the comment svitlana posted does not say anything about filing a writ of mandamus.

Secondly I do not believe that person's claim about getting a GC as a result of suing USCIS. The posted time frame makes it difficult to believe a law suit led to their GC approval following an initial denial (by the way this person isn't claiming they sued because their case was delayed, okay?). This person had their interview in May, and the petition supposedly got denied. So you believe this person was then able to sue USCIS and got an approval based on that law suit in August - 3 months' time frame? I wish the OP returned to the forum to provide more information on this, they didn't and I find the story a bit difficult to believe.

By the way, the OP's case wasn't even a straightforward one, they had some additional issues they were dealing with - you can read more about the case below (or search for other posts from the OP in the forum): http://forums.immigration.com/threads/dv-2016-aos-only.326148/page-100#post-2426889

 

[Sm1smom]

Just reviewed the 2013 Memorundum and did not find any relevant mention on adjudication timelines. Which memo are you recommending?

First paragraph on page 2 of the referenced memo says:

"Since, by statute, DV visas expire at the end of a given fiscal year, a DV adjustment applicant’s Form I-485 (including principals and any of their derivatives) must be adjudicated and approved on or before September 30 of the relevant fiscal year."

Read/review it again.

 

[XX2016]

First paragraph on page 2 of the referenced memo says:

"Since, by statute, DV visas expire at the end of a given fiscal year, a DV adjustment applicant’s Form I-485 (including principals and any of their derivatives) must be adjudicated and approved on or before September 30 of the relevant fiscal year."

Read/review it again.

Useful stuff Mom! Dont know how I missed it - must have been the only paragraph I skipped over!! Just printed a copy for my next INFOPASS. Thank you, once again.

 

[Christian Sakai]

Did they say what specifically is causing the delay? At this stage, narrowing down the issue is probably more important than having another general conversation with them?

So on Thursday last week I did the INFOPASS at 2pm. That morning I called KCC and they said they just forwarded my file to NY FO that very Thursday morning. I attended the INFOPASS and the IO said that my case is being reviewed so I just need to wait. I didn't ask specifically what was causing the delay. So I'll ask more through information on my next INFOPASS. Any suggestion?

 

[Christian Sakai]

Btw just want to spread this info about INFOPASS scheduling.

I think 12:00AM EST (I am in NYC) at night the database gets a reset. I just booked an appointment and saw literally one whole day slots are all open.

 

[Britsimon]

So on Thursday last week I did the INFOPASS at 2pm. That morning I called KCC and they said they just forwarded my file to NY FO that very Thursday morning. I attended the INFOPASS and the IO said that my case is being reviewed so I just need to wait. I didn't ask specifically what was causing the delay. So I'll ask more through information on my next INFOPASS. Any suggestion?

We had suggestions. We referred you to them. You acknowledged that you had seen them.

http://forums.immigration.com/threads/dv-2016-aos-only.326148/page-183#post-2440638

The only drawback with suggestions is that they need to be followed to be effective.

 

[Christian Sakai]

We had suggestions. We referred you to them. You acknowledged that you had seen them.

http://forums.immigration.com/threads/dv-2016-aos-only.326148/page-183#post-2440638

The only drawback with suggestions is that they need to be followed to be effective.

I saw them, but I don't quite understand, really.

 

[Britsimon]

Btw just want to spread this info about INFOPASS scheduling.

I think 12:00AM EST (I am in NYC) at night the database gets a reset. I just booked an appointment and saw literally one whole day slots are all open.

http://forums.immigration.com/threads/dv-2016-aos-only.326148/page-185#post-2441233

I saw them, but I don't quite understand, really.

Well that's probably something that would have been good to tell us earlier. If you are interested in getting a Green Card, you need to put some thought and effort into your case. Or you can just leave it up to how the FO deal with your case.

 

[michaelbor]

First paragraph on page 2 of the referenced memo says:

"Since, by statute, DV visas expire at the end of a given fiscal year, a DV adjustment applicant’s Form I-485 (including principals and any of their derivatives) must be adjudicated and approved on or before September 30 of the relevant fiscal year."

Read/review it again.

Thanks for the information!

Does this memo implies any obligations on USCIS? I.e., can I ask to expedite my name check (did bio 4 month ago) based on this memo?

Also, is there any official memo that lists the cases in which USCIS may request an expedite name check from FBI (e.g., medical emergency, sunsettig cases, lost of certain benefits,...)?

 

[Christian Sakai]

http://forums.immigration.com/threads/dv-2016-aos-only.326148/page-185#post-2441233



Well that's probably something that would have been good to tell us earlier. If you are interested in getting a Green Card, you need to put some thought and effort into your case. Or you can just leave it up to how the FO deal with your case.

Sorry just realized that I was referring to a different thing. I actually want to ask specifically on what needs to be done on an INFOPASS appointment?
Based on my understanding, I need to:
* Explain what I have done so far (chronologically) <-- did this on my first INFOPASS
* Call KCC to confirm whether the file has been sent or not <-- did this before my first INFOPASS
* Ask when can I expect my interview letter <-- did this on my first INFOPASS
* Mention that this is a sunsetting case <-- did this on my first INFOPASS
* Ask what is causing the delay <-- forgot to ask about this
* Ask what is the status of my background check <-- forgot to ask about this

Any other missing things?

 

[AussieRoo09]

I keep reading about a spreadsheet with timelines. How am I able to get access to that? I recently got notification that my "card is being produced".

 

[cassympa]

Hi there
I had my interview yesterday. He was nice ask yes no question and my current visa status. I told him I'm on e2 visa holder. I got pizza restaurant. He ask me when did you open it. I said I bought existing business of 50 percent. He asked more information. How you find money and how much you paid for that. I said my brother in law gift money to me and I paid 50k for that. He checked our name adresses and child. We got new baby he asked birth certificate and I gave him. Then he said to us " I know your deadline is September 30th and you will get information before that.
I hope everything went fine.

I got one question; we go for interview me my wife and my friend for translator. He didn't ask oath for me and wife. Only my translator did it.Is it normal proccess?

 

[Sm1smom]

Thanks for the information!

Does this memo implies any obligations on USCIS? I.e., can I ask to expedite my name check (did bio 4 month ago) based on this memo?

Also, is there any official memo that lists the cases in which USCIS may request an expedite name check from FBI (e.g., medical emergency, sunsettig cases, lost of certain benefits,...)?

No the memo does not imply USCIS is obligated in any way for cases held up due to issues outside of their control. It's basically meant to guide especially with scheduling interviews and adjudicating cases that are not held up by outside factors such as pending background checks, missing documents or case files, etc. Yes you may show the memo at your next INFOPASS appointment - and if I was you I wouldn't be using the word "expedite". I would say something like I'm worried my case would remain pending by the end of the fiscal year and ask if there's anything that can be done to get the case adjudicated accordingly.

I don't know of any other memo. If there's is and I know of it, I would have shared it with the forum by now.

 

[Sm1smom]

I keep reading about a spreadsheet with timelines. How am I able to get access to that? I recently got notification that my "card is being produced".

There's a link to the AOS process spreadsheet on the first post on page one of this Thread. That spreadsheet has several tabs, and one of those tabs has links to the Timelines spreadsheets. Go into the one for 2016 and request for editing access through the spreadsheet.

 

[Sm1smom]

Hi there
I had my interview yesterday. He was nice ask yes no question and my current visa status. I told him I'm on e2 visa holder. I got pizza restaurant. He ask me when did you open it. I said I bought existing business of 50 percent. He asked more information. How you find money and how much you paid for that. I said my brother in law gift money to me and I paid 50k for that. He checked our name adresses and child. We got new baby he asked birth certificate and I gave him. Then he said to us " I know your deadline is September 30th and you will get information before that.
I hope everything went fine.

I got one question; we go for interview me my wife and my friend for translator. He didn't ask oath for me and wife. Only my translator did it.Is it normal proccess?

If the translator was speaking on behalf of both you and your wife, it makes sense for him to be the only one swearing an oath to tell the truth (and I suppose the IO could have asked you guys too) but I don't think it's any big deal though.

You just have to remain patient for now and keep your fingers crossed.

 

[Fenton]

Hey Mom, just a curiosity more than anything - with the deadline looming and not heard anything back about interviews - have you ever seen a case that has not been adjudicated or missed deadline, even after Infopasses etc, simply because the FO just didn't get around to it before Sept 30?

 

[EURO2014]

Hey Mom, just a curiosity more than anything - with the deadline looming and not heard anything back about interviews - have you ever seen a case that has not been adjudicated or missed deadline, even after Infopasses etc, simply because the FO just didn't get around to it before Sept 30?

Just one remark: the specific reason is of course not known if and when end of September DV case deadline has been missed. "Simply because the FO just didn't get around to it..." therefore would be purely speculative, there could have been substantive reasons that prevented the case from being adjudicated before the deadline. One of the reasons legal action would not have much of a basis, independently from the timing issue of any such action.

 

[Sm1smom]

Hey Mom, just a curiosity more than anything - with the deadline looming and not heard anything back about interviews - have you ever seen a case that has not been adjudicated or missed deadline, even after Infopasses etc, simply because the FO just didn't get around to it before Sept 30?

To answer your question directly, no I do not know of any DV based AOS petition thats already had an interview and did not get approved by the Sept 30th deadline. Not saying it has never or may never happen, I just haven't seen, read, or heard of such. I've read if cases that didn't get scheduled for an interview by Sept 30th, and those cases for denied when they eventually got called up on around October (following the end of their applicable FY).

What you need to do is to keep following up with your FO. You need to get them to put a face to your case.