First of all I filed in March 2017 based on my case Number as5500 and my AP took almost 4 months since my finger print on April 1st , but during this period my FO did nothing they didn't interview me or request for my file from Kcc and they told me we can't do anything since your AP is pending. My AP was completed on Aug 2 and they scheduled my interview on Aug 28 th , 4 weeks waste of time and they haven't requested for my case from kcc yet, my IO had 2 weeks to adjudicate me before they receive that memo , but they did nothing although I beged them , they don't care about people's lives , I lost my hope , I lost my former status and most importantly my dreams that I have planned for , Yes I lost my dreams to my nationality, if this is not a discrimination then what is? However ,I know some Iranians inside US with much higher case numbers than mine who received their GC in July and Aug . So I can't balme all of this on my ethnicity. All I am saying is that I wish I would never win, I lost almost 2 years of my life on a fake hope. I don't think someone from outside US experiences such a pain That I'm suffering now.
DV 2017 AOS Only
- Thread starter Sm1smom
- Start date
Sm1smom
Super Moderator
Not trying to rub more salt in your wounds, but you don't seem to realize being able to process AOS is a privilege, not a right. DV based AOS cases already get prioritized over all other AOS cases, so the FOs should be commended for that, they're not obligated to do so. The FO's decision to not request for the case file is really not a big issue since that could be accomplished within a day - the request and receipt of KCC file are done electronically. You also need to bear in mind the fact that the IOs have other cases they work on, so they cannot and shouldn't be expected to drop everything else they were doing on the basis of your bio having cleared. USCIS also has never experienced the situation that happened in DV2017, no one could have anticipated visas running out or their receiving the more they got considering the fact that all cases went current and the assumption in such a situation is that there's enough visas to cover all.
And by the way, if your CN was AS5500, it means your CN was only current in May, regardless of the early filing you did in March. If you were processing CP, you would have been scheduled for a May interview (all things being equal), and probably would have still been on AP right and stuck outside the US right now like I said before.
In addition, you loosing your current status cannot be blamed on the IO or FO's decision to not request your KCC case file or adjudicate your case two weeks since clearing AP. You lost your current status based on a conscious decision you took - that of using an AOS based EAD for employment - despite the cons that comes with using the card. An AOS petition approval cannot and should never be taken for granted.
Again I'm sorry about the way things have ended for you, it is not my intention to further beat you down. But I think it is highly important for everything to be put into proper perspective. I will not go into whether what has happened to you is discrimination or not. But I will say the US government did not come cap in hand to beg people to participate in the DV process, they've disclosed the fact that being selected does not guarantee a GC. And they have decided how they will run the program - the piper dictates the tune - anyone who does not like the tune being planned shouldn't be listening, talk less of asking for the sound to be adapted to their style.
Anyway, wish you the best as you move on.
costacosta
Member
Hey Mom,
I was looking at DV statistics and there is no single year they had cut off at 50K. i.e
Year Visa issuance Selectee
2007 - 40,076 N/A
2008 - 46,633 N/A
2009 - 48,036 N/A
2010 - 51,312 N/A
2011 - 51,118 100,600
2012 - 34,463 100,021
2013- 52,571 105628
2014 - 52,342 140,660
2015 - 49,377 125,514
2016 - 46,718
AND FINALLY
2017 exactly 50,000 visas out of 80,000 selectee? plus they opted out 6 countries...
Thoughts?
I was looking at DV statistics and there is no single year they had cut off at 50K. i.e
Year Visa issuance Selectee
2007 - 40,076 N/A
2008 - 46,633 N/A
2009 - 48,036 N/A
2010 - 51,312 N/A
2011 - 51,118 100,600
2012 - 34,463 100,021
2013- 52,571 105628
2014 - 52,342 140,660
2015 - 49,377 125,514
2016 - 46,718
AND FINALLY
2017 exactly 50,000 visas out of 80,000 selectee? plus they opted out 6 countries...
Thoughts?
Sm1smom
Super Moderator
Specific question???
costacosta
Member
I just wanted to ask you what you think about those numbers. Analyzing those numbers do you think they really reached their maximum or it is smth about their political decision? I think it is not possible they distributed all the visas comparing previous years statistics. And 2012 looks very confusing too.
Sm1smom
Super Moderator
I typically try to stay away from number crunching and analysis in general. In this particular case, we don't even a tally of the total number of visas issued yet. So I really don't see any point in speculating as to what happened, it is pointless IMHO, makes no difference.
SusieQQQ
Well-Known Member
They screwed up in 2012. The original draw was not random and they had to invalidate it and do a second draw. Consequently, many people who had checked initially and thought they had not been selected, and were somehow unaware of the second draw, did not follow up on their cases.
By the way I believe you do not have the data for the second draw included in your Dv2017 selectee numbers.
Britsimon
Super Moderator
Susie is correct. You also seem to be drawing a conclusion based on selectee numbers for each year without considering that several years did not go current with all the selectees.
As Mom says, the speculation is pointless. Regardless whether they met the 50k or not - they can stop the program when they like. There is no law that says they have to hit 50000.
costacosta
Member
Actually it is regulated by PUBLIC LAW 101-649—NOV. 29, 1990.
costacosta
Member
That makes sense.
Britsimon
Super Moderator
I *obviously* know the laws that control the process. What I am saying is that there is no law that forces them to MEET the 50000 target.
costacosta
Member
Yes, looking at your years of experience I believe and it is obvious you do know much more than any of attorneys I`ve met in this country! But they should have the base to quit/seize the program then. Decision should not be taken upon someone`s mood. How long does it take them to promulgate the visa issuance numbers?
costacosta
Member
And do you think there will be the base to sue DOS if the numbers do not hit 50,000?
Sm1smom
Super Moderator
Hmmn, let's assume you have a legitimate basis for suing - what do you hope to achieve with the lawsuit? Monetary compensation? GC approval? Moral justification? What redress will you be seeking?
Sm1smom
Super Moderator
You don't know for certain if the decision to stop issuing more visas is based on "someone's mood", that is speculation. You don't even know the number of visas issued to date!
SusieQQQ
Well-Known Member
Someone's mood? Is that what the NBC director told you? Or you're just speculating?
The law lays down the maximum. As you can see there have been many years they do not manage to meet the target. Then people complain they didn't draw enough. Then they draw too many and have to cut off (whether by case number or halting issuance ) and ...people complain. As mom said above, but applying to the whole program not just AOS, people start acting like this is a RIGHT rather than a PRIVILEGE. If it was based on someone's mood, the entire thing would probably have been shut down ages ago just because no matter what they do, someone always complains. Always.
Anyway didn't you say you have another path to a green card and therefore weren't too worried about this?
costacosta
Member
You are messing up things in here. I did not talk to NBC director ever but congress persons office staff did!!!! I`m not talking about alternative ways I have either. Whatever is regulated by law should be executed but not abused!!! Who determines and under what circumstances accomplishing issuance of the visas???? I`m just trying understand how the system works. Whenever you RIGHTS are touched by someone you have to act. This is the base of freedom. Not being like a rat in the corner waiting for someone`s generosity.
costacosta
Member
You are right. I requested that information from DOS through FOIA. Yes, I`d sue against unlawful denial and for GC approval.
SusieQQQ
Well-Known Member
Explain to me exactly what RIGHTS you have that are being affected here?
SusieQQQ
Well-Known Member
You just mentioned the law. The law forbids DV visas being issued after the end of the FY. Even cases - rare, I only ever found one or two - thst successfully argued denial was incorrect could get no remedy as by law they could not get a DV based GC after FY end. And your case doesn't count because it's due to visas being exhausted. I'm sure you'll find a lawyer to take your money anyway, though.