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DV 2017 AOS Only

jak143 said:
Looks like the chances of getting the approval for the AOS is tough at this point. I talked to few attorneys, and all of them have different opinions. Not many attorneys have dealt with a situation like this.I was able to find some information in the USCIS page. The below link (Sec E.1 2nd paragraph)clearly says that the AOS was filed inappropriately since the pending EOS case was denied
https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter3.html
"
If USCIS ultimately approves the EOS or COS application, then the foreign national is considered to be in lawful immigration status on the date the adjustment application is filed. If USCIS denies the EOS or COS application, then the foreign national is generally considered to be in unlawful immigration status as of the expiration of the foreign national’s current nonimmigrant status and likewise on the date the adjustment application is filed. In this instance, the INA 245(c)(2) bar would apply, unless an exemption is available. "

I think the only option left out is to withdraw the AOS, leave the country and initiate a consular process.

My Concerns for this step -
1)Do i need to repay the DV visa fees? I will call KCC center to confirm, but just wanted to know
2) Should I start a new DS 260 or ask KCC to reopen the same and update (the denial & other latest info)?
3)How long after filing the DS 260 would I get a interview? I can schedule the interview or KCC /USCIS schedules the interview?
4)Can I take the interview only from my home country or can I go to Canada or neighboring countries?

Is there a separate forum for Consular process DV?
Click to expand...
Are you saying that your previous non-immigrant status actually expired before you filed DV AOS? Clearly a pending transfer application, subsequently declined, will not keep in status. This is not a new insight. However it was not clear from your earlier postings that you actually had lost your previous status earlier. You need to be clear on this crucial point.
 
On form I-485 part 2 Application type. I am applying for an adjustment to permanent resident status because:
I suppose answer to this question should be letter h? (other basis of elegibility) Diversity Visa Program?
 
Hi Mom and other experienced members

Had quite an odd experience today. I went to do an infopass at Baltimore to ask about my I-765 application. To my surprise, the officer said that she would approve my I-485 application on the spot, provided it all checked out. After I waited around an hour for her to get through the checklist, she called me back up and said she had done everything - EXCEPT she was required to fax KCC to see if the visa number was available. She said that if it was, she expects that I would get my green card in the mail within 1-2 months (and she indicated probably sooner). I was quickly asked the standard "are you a terrorist" questions.

So... what just happened? Was this basically the interview? Is there any risk in the number release process by KCC (my CN is XXXXX030 so I am definitely current as of today, and current as of the date of filing per the early filing memo)? Thanks in advance.
 
jak143 said:
Looks like the chances of getting the approval for the AOS is tough at this point. I talked to few attorneys, and all of them have different opinions. Not many attorneys have dealt with a situation like this.I was able to find some information in the USCIS page. The below link (Sec E.1 2nd paragraph)clearly says that the AOS was filed inappropriately since the pending EOS case was denied
https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter3.html
"
If USCIS ultimately approves the EOS or COS application, then the foreign national is considered to be in lawful immigration status on the date the adjustment application is filed. If USCIS denies the EOS or COS application, then the foreign national is generally considered to be in unlawful immigration status as of the expiration of the foreign national’s current nonimmigrant status and likewise on the date the adjustment application is filed. In this instance, the INA 245(c)(2) bar would apply, unless an exemption is available. "

I think the only option left out is to withdraw the AOS, leave the country and initiate a consular process.

My Concerns for this step -
1)Do i need to repay the DV visa fees? I will call KCC center to confirm, but just wanted to know
2) Should I start a new DS 260 or ask KCC to reopen the same and update (the denial & other latest info)?
3)How long after filing the DS 260 would I get a interview? I can schedule the interview or KCC /USCIS schedules the interview?
4)Can I take the interview only from my home country or can I go to Canada or neighboring countries?

Is there a separate forum for Consular process DV?
Click to expand...

Yep, your case is a complicated one which is why I suggested you speak with a competent immigration attorney in the first place.

To answer your listed questions:
1. Yes you'll have to pay the DV fee again if you go the CP route. Each embassy collects the fee individually in person, it's part of what they use in running their affairs there. The previous fee you paid will not get forward, you may however ask KCC on how to process a refund. You will also need to do a new medical exam in your home country.

2. You'll use the same DS-260. You'll request KCC to unlock your form, update the address to your home address in your country. Submit the DS form, then email KCC and inform them you wish to change from AOS to CP.

3. KCC takes about 3 months on average to process the DS forms and schedule an interview for cases that are current.

4. You can not use Canada or a neighboring country if you do not have a proof of residence there. It needs to be in your home country.

There are several Threads in the forum dealing with different CP scenarios and countries outside of this specific Thread that deals with AOS cases only.
P
If you're planning on switching to CP, you need to move really fast and withdraw your AOS petition before FO schedules you for an interview. Time isn't on your side as it is.
 
justsomeguy said:
Hi Mom and other experienced members

Had quite an odd experience today. I went to do an infopass at Baltimore to ask about my I-765 application. To my surprise, the officer said that she would approve my I-485 application on the spot, provided it all checked out. After I waited around an hour for her to get through the checklist, she called me back up and said she had done everything - EXCEPT she was required to fax KCC to see if the visa number was available. She said that if it was, she expects that I would get my green card in the mail within 1-2 months (and she indicated probably sooner). I was quickly asked the standard "are you a terrorist" questions.

So... what just happened? Was this basically the interview? Is there any risk in the number release process by KCC (my CN is XXXXX030 so I am definitely current as of today, and current as of the date of filing per the early filing memo)? Thanks in advance.
Click to expand...

Wow! Now, that is amazing! Looks like you just got yourself an on the spot AOS interview. Once the IO confirms your CN is indeed current and receives your KCC file, then I expect she will approve the case as stated.

P.S.
You weren't current as of the date of filing per the early filing memo - you were eligible to file. Being eligible to file and being current are not the same thing. If you're eligible to file, it means the petition could be accepted when received at the Chicago Lockbox however the case cannot be approved until the CN actually becomes current. So if you filed in August for instance on the basis of the early filing memo, your package gets accepted because you're eligible to file. However you're considered current only as at Oct 1st.
 
Sm1smom said:
Wow! Now, that is amazing! Looks like you just got yourself an on the spot AOS interview. Once the IO confirms your CN is indeed current and receives your KCC file, then I expect she will approve the case as stated.

P.S.
You weren't current as of the date of filing per the early filing memo - you were eligible to file. Being eligible to file and being current are not the same thing. If you're eligible to file, it means the petition could be accepted when received at the Chicago Lockbox however the case cannot be approved until the CN actually becomes current. So if you filed in August for instance on the basis of the early filing memo, your package gets accepted because you're eligible to file. However you're considered current only as at Oct 1st.
Click to expand...

Thanks Mom. It was going to be even more amazing - she initially said that she would not only approve it but she would also stamp my passport (!! I was trying to hold it together) - but then later said that she needed to wait for the fax and apologized to me for the delay. Needless to say, I was extremely grateful either way.

Great, so it sounds like because it is past October 1st and I am indeed current, then I am most likely done barring some real USCIS error/delay. Fantastic.

EDIT: And, sorry, just to confirm - this means that there should be no issues around the early filing being accepted (as it was obviously accepted at Chicago lockbox and has now been accepted by the IO)? Thank you, we all really appreciate your work.
 
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Sm1smom said:
Yep, your case is a complicated one which is why I suggested you speak with a competent immigration attorney in the first place.

To answer your listed questions:
1. Yes you'll have to pay the DV fee again if you go the CP route. Each embassy collects the fee individually in person, it's part of what they use in running their affairs there. The previous fee you paid will not get forward, you may however ask KCC on how to process a refund. You will also need to do a new medical exam in your home country.

2. You'll use the same DS-260. You'll request KCC to unlock your form, update the address to your home address in your country. Submit the DS form, then email KCC and inform them you wish to change from AOS to CP.

3. KCC takes about 3 months on average to process the DS forms and schedule an interview for cases that are current.

4. You can not use Canada or a neighboring country if you do not have a proof of residence there. It needs to be in your home country.

There are several Threads in the forum dealing with different CP scenarios and countries outside of this specific Thread that deals with AOS cases only.
P
If you're planning on switching to CP, you need to move really fast and withdraw your AOS petition before FO schedules you for an interview. Time isn't on your side as it is.
Click to expand...

Thanks for the reply. Most likely I will be re-entering with a new H visa(all depending on the approval)and then apply for another AOS, In case, the H visa gets rejected I will be starting Consular process.But before all that, yes I will withdraw the AOS.
Thanks anyway.
 
EURO2014 said:
Are you saying that your previous non-immigrant status actually expired before you filed DV AOS? Clearly a pending transfer application, subsequently declined, will not keep in status. This is not a new insight. However it was not clear from your earlier postings that you actually had lost your previous status earlier. You need to be clear on this crucial point.
Click to expand...
Thanks for the reply. I think I have mentioned it, may be it was missed out because of mentioning series of different events and i think I provided too much of info as well.
 
justsomeguy said:
Hi Mom and other experienced members

Had quite an odd experience today. I went to do an infopass at Baltimore to ask about my I-765 application. To my surprise, the officer said that she would approve my I-485 application on the spot, provided it all checked out. After I waited around an hour for her to get through the checklist, she called me back up and said she had done everything - EXCEPT she was required to fax KCC to see if the visa number was available. She said that if it was, she expects that I would get my green card in the mail within 1-2 months (and she indicated probably sooner). I was quickly asked the standard "are you a terrorist" questions.

So... what just happened? Was this basically the interview? Is there any risk in the number release process by KCC (my CN is XXXXX030 so I am definitely current as of today, and current as of the date of filing per the early filing memo)? Thanks in advance.
Click to expand...
So was your 765 approved on the spot at least?
 
My waiver for 2 year residency requirement was approved within 5-6 weeks (I am currently on J1 visa). Now my package is complete and ready to be sent! Thank you for the valuable info put together in the spreadsheet!
 
justsomeguy said:
Thanks Mom. It was going to be even more amazing - she initially said that she would not only approve it but she would also stamp my passport (!! I was trying to hold it together) - but then later said that she needed to wait for the fax and apologized to me for the delay. Needless to say, I was extremely grateful either way.

Great, so it sounds like because it is past October 1st and I am indeed current, then I am most likely done barring some real USCIS error/delay. Fantastic.

EDIT: And, sorry, just to confirm - this means that there should be no issues around the early filing being accepted (as it was obviously accepted at Chicago lockbox and has now been accepted by the IO)? Thank you, we all really appreciate your work.
Click to expand...

Did she say anything about your background check though? Assuming that's also already cleared, then I think you're home free. Except of course for some unexpected USCIS delays as in the IO forgetting to follow up with KCC as promised or updating the case file once she gets the information she's waiting for, or for one of the other myriads of reasons applicable to USCIS.

I would suggest scheduling another INFOPASS now with a December date, so that if you don't hear anything by then you follow up with them.
 
jak143 said:
Thanks for the reply. I think I have mentioned it, may be it was missed out because of mentioning series of different events and i think I provided too much of info as well.
Click to expand...
Well, if this is the case, it 'simplifies' your DV AoS case rather dramatically. If you were out of status effective NOA Receipt date or even before then, you were not eligible to file I-485 in the first place and your application will eventually be declined at/subsequent to interview, assuming USCIS will catch the issue which they likely will. Rest assured that if you would have mentioned it as part of your original posting, a lot of back and forth could have been saved. Nevertheless, better luck with your CP process!

In respect to your subsequent posting on the idea to enter under a new H visa and to immediately file I-485 (which would be required, in order not to miss DV-2017 deadlines) enclosed a link to some pre-reading you possibly may want to take into consideration:
http://www.nolo.com/legal-encyclope...cion-about-your-intentions-upon-us-entry.html
 
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Sm1smom said:
Did she say anything about your background check though? Assuming that's also already cleared, then I think you're home free. Except of course for some unexpected USCIS delays as in the IO forgetting to follow up with KCC as promised or updating the case file once she gets the information she's waiting for, or for one of the other myriads of reasons applicable to USCIS.

I would suggest scheduling another INFOPASS now with a December date, so that if you don't hear anything by then you follow up with them.
Click to expand...

She said specifically that everything was done other than needing to confirm that the visa number was available from KCC, so I take that to mean the background check was done. I also have a unique name and am from an easy country to check, so I have confidence there.

Baltimore only lets you schedule appointments two weeks in advance, but I will definitely schedule one for the first week of December when it becomes available. Thanks again.
 
D-i-L is waiting for her new I-20 wonder if she may send the AOS package without it and show it to the FO during her interview? Time is runningand her case number is already current. Can she handle her past I-20 ?
Thanks
 
Mom,
What information should we have to schedule Info pass? Some people say you may also be able to walk in for infopass without scheduling any appointment. Is that true?
Can I take an info pass appointment like a couple days after I have done my biometric to accelerate the process ?
 
Ali Amiri said:
Mom,
What information should we have to schedule Info pass? Some people say you may also be able to walk in for infopass without scheduling any appointment. Is that true?
Can I take an info pass appointment like a couple days after I have done my biometric to accelerate the process ?
Click to expand...

Don't schedule INFOPASS appointments needlessly for the purpose of expediting the AOS petition. Give the system a chance to work as designed - there's still plenty of time left. I do suggest INFOPASS appointments only when it is absolutely necessary.
 
The reason that i may need to do that is I am moving to another state and if my GC does not come by end of December things gets complicated due to the change in address.
 
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