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DV 2017 AOS Only

Hello Mom,
I have filled up the I-90 form but didn't send it yet and scheduled INFOPASS on June 05. My questions are:
1- Should I request them to stamp my passport with an I-551 before I send the I-90 form?
2- Is it possible that they will not issue me a green card?
 
Went for my 3rd InfoPass today, in Mt Laurel, NJ. Although I had submitted my AOS file in December and my background check is cleared, they had not assigned my case to an officer. But the person I spoke to today talked to her supervisor about my case and they scheduled my interview for a month from now, which is great. I think it really helped that I kept paying them visits and inquiring about my case every month. Fingers crossed that everything will go smoothly at the interview and after it. :)
 
Grateful516 said:
Hello Mom,
I have filled up the I-90 form but didn't send it yet and scheduled INFOPASS on June 05. My questions are:
1- Should I request them to stamp my passport with an I-551 before I send the I-90 form?
2- Is it possible that they will not issue me a green card?
Click to expand...

1. Yes.
2. Unfortunately, I can't give you the 100% reassurance you're seeking as I don't fully know what's going on. But if you did receive a Welcome Letter then most likely you will get your GC eventually.
 
Hi Knowledgeable people here,

I am from EU Region and (was) a DV 2017 selectee. I am a PhD student in the US. I am staying in the US since 2014. In May 2016 when the DV 2017 results announced, I was in my Home country for 15 days due to my family obligations. When I back to the US, I submitted DS-260 and later I filed my I-485. Everything went well and I went for interview last week in Texas - Houston FO. My life time dream ruined when the IO denied my case on following grounds:

1. I was not in the US as mentioned in the USCIS instruction page which dealt with "Green Card Through the Diversity Immigrant Visa Program"
2. I didn't followed / fall under Point No. 28 of INSTRUCTIONS FOR THE 2017 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2017), which says - "28. I am already in the United States. If selected, may I adjust my status with USCIS?"

She told me DV Lottery being the very special case, you should followed the instructions as it is. Like your Birth Place matters for your eligibility for DV entry not your current nationality or citizenship, you should be in the US at the time of winning lottery to do AOS which clearly mentioned in USCIS website and Instruction for DV program.

Now my question is:
1. I am here in the US in legal status for last 3.5 years as well as at the time of filing of my I-485; it does not fulfill the condition of legal physical presence in the US?
2. I was out of the US for only 15 days with all legal documents and permission, still I am not qualified for AOS?
3. Before filling my I-485, I even contacted USCIS customer service, they said you can apply for AOS, but why IO denied my case? I refer this during my interview, but she told my till interview, they don't have full case history, so may be I missed some information to present or may be some communication gap / misunderstandings at that time.
4. I contacted few Attorneys, they said, as mentioned by IO, I have to follow the DV instructions. If I don't follow, my case will be NULL / VOID AB INITIO, so, IO decision is final because IO has absolute power to decide and I cannot do appeal or any thing, is this correct?

Please suggest me. I know if anything can be done I have to do by 30th Sept 2017, otherwise my case will be closed permanently.

Thanks. God bless !!!
 
Last edited:
Hello Mom,
I sent all necessary documents with filled forms I-485 and 3 checks (filing fees) to the lockbox facility in Chicago on 28 April.
The package was delivered 2 days later (30 April) at 9:30 pm. Since delivery date (30 April) , I didn't receive a receipt notice.
Any suggestion? I sent an email to lockbox to follow up but no response yet. this is normal?
 
Charles.M said:
Hi Knowledgeable people here,

I am from EU Region and (was) a DV 2017 selectee. I am a PhD student in the US. I am staying in the US since 2014. In May 2016 when the DV 2017 results announced, I was in my Home country for 15 days due to my family obligations. When I back to the US, I submitted DS-260 and later I filed my I-485. Everything went well and I went for interview last week in Texas - Houston FO. My life time dream ruined when the IO denied my case on following grounds:

1. I was not in the US as mentioned in the USCIS instruction page which dealt with "Green Card Through the Diversity Immigrant Visa Program"
2. I didn't followed / fall under Point No. 28 of INSTRUCTIONS FOR THE 2017 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2017), which says - "28. I am already in the United States. If selected, may I adjust my status with USCIS?"

She told me DV Lottery being the very special case, you should followed the instructions as it is. Like your Birth Place matters for your eligibility for DV entry not your current nationality or citizenship, you should be in the US at the time of winning lottery to do AOS which clearly mentioned in USCIS website and Instruction for DV program.

Now my question is:
1. I am here in the US in legal status for last 3.5 years as well as at the time of filing of my I-485; it does not fulfill the condition of legal physical presence in the US?
2. I was out of the US for only 15 days with all legal documents and permission, still I am not qualified for AOS?
3. Before filling my I-485, I even contacted USCIS customer service, they said you can apply for AOS, but why IO denied my case? I refer this during my interview, but she told my till interview, they don't have full case history, so may be I missed some information to present or may be some communication gap / misunderstandings at that time.
4. I contacted few Attorneys, they said, as mentioned by IO, I have to follow the DV instructions. If I don't follow, my case will be NULL / VOID AB INITIO, so, IO decision is final because IO has absolute power to decide and I cannot do appeal or any thing, is this correct?

Please suggest me. I know if anything can be done I have to do by 30th Sept 2017, otherwise my case will be closed permanently.

Thanks. God bless !!!
Click to expand...

Hmm! This is a strange turn out. Couple of questions for you: how soon after your return did you submit your DS260? When did you send in your AOS package?

1. It fulfilled the requirements
2. Based on what you've shared so far, it seemed like you qualified - when did you submit your DS260 form?
3. Maybe she was having a bad day, or simply didn't like your face? I don't know why.
4. That's BS! - the response from those lawyers. The IO's decision is never final in AOS cases - there's always the option of an appeal. They obviously are not DV knowledgeable and I would even be scared to have them represent me in any other AOS situation if they're saying an IO's decision is final and there's no option for an appeal.

Now, have you received the actual denial letter? The letter typically says you can file an appeal or a request for the case to be reopened. Either of this involves more money and is a long process which may not get finalized by the end of the FY.

I suggest you go on an INFOPASS with the denial letter and all your other documents, including all other evidence you can use to prove you were already residing in the US prior to your DV selection. You'll need to politely get the IO you speak with to reason with you that you were only out on a temporary visit when the results were announced. You could also request to speak with a supervisor to let them know your petition was wrongly denied, and that time isn't on your side in terms of filing an appeal.
 
Zadeh said:
Hello Mom,
I sent all necessary documents with filled forms I-485 and 3 checks (filing fees) to the lockbox facility in Chicago on 28 April.
The package was delivered 2 days later (30 April) at 9:30 pm. Since delivery date (30 April) , I didn't receive a receipt notice.
Any suggestion? I sent an email to lockbox to follow up but no response yet. this is normal?
Click to expand...

April 30th is a Sunday, I doubt the package was delivered on Sunday night. Are you certain about your mail in and delivery dates?
 
yes I am sure:
"Your item was delivered at 9:10 pm on April 30, 2017 in CHICAGO, IL 60680 to INS 805887. The item was signed for by R MERCADO."
 
Zadeh said:
yes I am sure:
"Your item was delivered at 9:10 pm on April 30, 2017 in CHICAGO, IL 60680 to INS 805887. The item was signed for by R MERCADO."
Click to expand...

I have some doubts about the delivery notice. Yes R Mercado signs for all courier deliveries (if memory serves me right), however R Mercado couldn't have signed for the package on Sunday at 9pm - did you use FedEx two day delivery service?
 
Sm1smom said:
Hmm! This is a strange turn out. Couple of questions for you: how soon after your return did you submit your DS260? When did you send in your AOS package?

1. It fulfilled the requirements
2. Based on what you've shared so far, it seemed like you qualified - when did you submit your DS260 form?
3. Maybe she was having a bad day, or simply didn't like your face? I don't know why.
4. That's BS! - the response from those lawyers. The IO's decision is never final in AOS cases - there's always the option of an appeal. They obviously are not DV knowledgeable and I would even be scared to have them represent me in any other AOS situation if they're saying an IO's decision is final and there's no option for an appeal.

Now, have you received the actual denial letter? The letter typically says you can file an appeal or a request for the case to be reopened. Either of this involves more money and is a long process which may not get finalized by the end of the FY.

I suggest you go on an INFOPASS with the denial letter and all your other documents, including all other evidence you can use to prove you were already residing in the US prior to your DV selection. You'll need to politely get the IO you speak with to reason with you that you were only out on a temporary visit when the results were announced. You could also request to speak with a supervisor to let them know your petition was wrongly denied, and that time isn't on your side in terms of filing an appeal.
Click to expand...

Dear Sm1smom, thank you for your reply.

I submitted my DS-260 the next day I returned to the US and my CN was current in Nov 2016 but I sent my AOS packages on last of Nov.

Her concern was, since I was on NIV and I was not in the US, it is implied that I was not in the US at the time of winning of lottery as required in DV procedure.
She returned my passport at the same time but she mentioned the denial letter will be followed after some necessary procedures(?). I asked about the procedure but she didn't explain it.

Yes, most of the lawyers are unaware about this situation and their normal answer was there is no further appeal if there is denial in DV cases.
How can I get proper support in my case?
Thanking you.
 
Zadeh said:
I used USPS. Priority Mail Express 2-Day™
Click to expand...

The delivery notice is definitely not accurate in that case - I believe it was auto generated by the USPS system. So we don't know for certain when the package got delivered. I'll say give it one more week for some sort of information to get back from the Lockbox.
 
Charles.M said:
Dear Sm1smom, thank you for your reply.

I submitted my DS-260 the next day I returned to the US and my CN was current in Nov 2016 but I sent my AOS packages on last of Nov.

Her concern was, since I was on NIV and I was not in the US, it is implied that I was not in the US at the time of winning of lottery as required in DV procedure.
She returned my passport at the same time but she mentioned the denial letter will be followed after some necessary procedures(?). I asked about the procedure but she didn't explain it.

Yes, most of the lawyers are unaware about this situation and their normal answer was there is no further appeal if there is denial in DV cases.
How can I get proper support in my case?
Thanking you.
Click to expand...

Ha! That makes things clearer. The DS260 submission date is what she's basing the denial on I'm guessing, and technically speaking, she's right.

That was a big mistake on your part. You entered the US on a NIV - which basically tells immigration you plan on going back to your home country at the end of your studies, and the very next day you submitted an official document telling them you now plan on adjusting status and will not be going back home. That means you entered the US on a NIV with a preconceived immigrant intent, that is a No, No!

The 30-60-90 days rule at play here. Declaring an immigrant intent within 30 days of entering the US on a NIV leaves you at risk of being accused of having a preconceived immigrant intent. If you had sort my opinion, I would have recommended waiting at least 60 days, and if possible 90 days following your return before submitting the DS260 form. I'm not even comfortable with the 30 days wait some recommend.

Well since you don't have an official decision yet, all you can do right now is wait, and pray - if you believe in prayers. Returning your passport back to you doesn't mean anything, the passport is never kept in AOS. It is possible upon further review of your case, especially by a supervisor the initial decision to deny may be reserved and you get approved. If there's no update by the end of June, go on an INFOPASS visit to your FO to follow up on the case.
 
Hello,
Me and my husband submitted in october the DS 260 form and after that we traveled to our home country. After that we enetred the US on our E-2 visas in February and sent the AOS package 2 weeks after that. Do you think that we are facing a denial due to the 30-60-90 days rule? I am really worried because the E-2 visa isn't one with a dual intend.
 
Vanessa__m1 said:
Hello,
Me and my husband submitted in october the DS 260 form and after that we traveled to our home country. After that we enetred the US on our E-2 visas in February and sent the AOS package 2 weeks after that. Do you think that we are facing a denial due to the 30-60-90 days rule? I am really worried because the E-2 visa isn't one with a dual intend.
Click to expand...

I'm sorry I can't say if you're facing a denial or not, but the possibility of the IO invoking the entering on a preconceived immigrant intent clause cannot be over ruled. However, the fact that you already declared your immigrant intent with the submission of your DS260 form prior to your departure from the US will most likely count in your favor should that be the case. Anyway, the IO has the final say, so you will soon find out. Nothing else you can do at this point.
 
Sm1smom said:
I'm sorry I can't say if you're facing a denial or not, but the possibility of the IO invoking the entering on a preconceived immigrant intent clause cannot be over ruled. However, the fact that you already declared your immigrant intent with the submission of your DS260 form prior to your departure from the US will most likely count in your favor should that be the case. Anyway, the IO has the final say, so you will soon find out. Nothing else you can do at this point.
Click to expand...
Thank you for your response. We can only hope that everything goes well at our interview. I will share our experience.
 
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