Sm1smom
Super Moderator
Go through the following link for a step by step guidance of DV based AOS process:
https://goo.gl/x7x3td
DV 2017 AOS Only
- Thread starter Sm1smom
- Start date
Go through the following link for a step by step guidance of DV based AOS process:
https://goo.gl/x7x3td
Sm1smom
Super Moderator
If your COS was properly done, (you never went out of status at any point in time during the process), there's no reason for them to have any problem with your case. It has nothing to do with displaying an immigrant intent on a F1 visa like you noted in one of your posts. It's probably due to early filing.
You can file like almost 2 months prior, right? I have that memorandum printed out too. And I filed when the bulletin for October came out waiting for the cutoff dates to appear and all. This must be one picky officer. Geez. How is that early filing? Th bulletin for October for the Fiscal year 2017 came out September 8 or 9. The cut off dates were not even in the advanced notification section by that time.
EURO2014
Well-Known Member
Did you work full time for your employer while under L1? Obviously you need to get hold of the reasoning for the AoS denial asap.
Sm1smom
Super Moderator
If you take a look at the AOS process spreadsheet, you will see where it clearly says some FOs are still denying cases filled prior to the month in which they're current regardless of what the memo or even the USCIS website says about early filing. (The memo by the way was intended to be a recommendation for the FOs, it does not confer a right on petitioners who opt to file early). The process, in the past, used to be that your AOS package cannot be received before the first day of the month in which your CN is request. For instance if you're current in Oct, in order for your petition to be considered properly file it cannot be received at the Chicago Lockbox before Oct. 1st. So if your CN is current in Oct and you filed in Sept, that IS early filing.
So my suggestion to you when you do visit your FO is not to focus or refer to the IO in charge of your case as being 'picky'. Politely request to know the reason for the denial. If they confirm confirm it's due to early filing, calmly explain the fact that you filed based on what's written on their website as follows:
"Section C contains a chart showing the Diversity Immigrant category rank cut-offs for the following month, which represents the advance notification of Diversity Immigrant visa availability. As soon as a monthly Visa Bulletin is published, anyone with a lower rank number than the rank cut-off number shown in Section C is eligible to file for adjustment of status. This provides lottery winners the opportunity to file for adjustment of status up to six or seven weeks before a visa number can actually be allocated. This gives USCIS additional time to determine your eligibility for adjustment of status before the end of the fiscal year."
Do print out the page by the way:
https://www.uscis.gov/green-card/ot...card-through-diversity-immigrant-visa-program
Use the memo as additional/back up evidence. If you rely on the memo alone or use it as your main evidence, a smart IO (rather than admit their error) may say that memo has already been superseded without showing you any proof of such a claim.
Thank you! I appreciate all the information.
It was indeed denied due to early filing. I went in to the FO and the officer and his supervisor agrees on reopening the case, however the supervisor's supervisor would like to further research the memo and the question of early filing and they will give me a call by the end of the day today about their decision.
The supervisor just called that they made a mistake denying the application due to early filing and that he will hand the case back to the officer and reopen it.
Britsimon
Super Moderator
Sm1smom
Super Moderator
Awesome!
By the way, I hope you haven't initiated the process of withdrawing your husband's petition? Is he still in the US or he already traveled out?
I have not withdrawn his application. He sits on needles while his mom is fighting across the pond and we are all hoping for the best.Awesome!
By the way, I hope you haven't initiated the process of withdrawing your husband's petition? Is he still in the US or he already traveled out?
Sm1smom
Super Moderator
Good to know the case is still on track, just hang in there.
Thanks, Mom. Yes, that's what I was worried about. Either USCIS (or whoever from immigration) contacting my sponsor to verify anything on my case; or the sponsor actually being able to somehow find out I'm doing AOS to get a GC. I don't know how this works from the sponsors or USCIS ends, and given everything is recorded informatically these days, I'm worried my sponsor will be able to figure out I'm doing AOS even without me telling them anything. For example, if I did complete the entire process and received a GC, wouldn't my J1 sponsor be notified that I'm not a J1 with them anymore? That seems possible to me, and I wonder whether that could happen before having my GC in hand, which could completely ruin my case.
Am I overthinking this? Is it really that the only way my J1 sponsor could learn about me doing AOS is by me telling them?
It is a scare tactic they use to discourage J1 visitors to stay here. When I first came, can you believe they told us that women should not get pregnant, otherwise they will terminate their visa and send them back home??? We were told as well that if they suspect any intention of us wanting to stay here, they will terminate our status. They are not acting like this anymore, but I want to assure you that it's just a scare tactic to protect their program and their credibility at embassies.
Sm1smom
Super Moderator
Yes you're overthinking it. You think USCIS has the time to be notifying sponsors everything someone changes their status? Guess what? In the words of Sweet Brown:
EURO2014
Well-Known Member
This is one amongst several reasons why J and H1B non-immigrant visa categories increasingly come under significant scrutiny and likely will see major modifications, going forward. Unscrupulous J "sponsors" misusing the purpose of their registration with USCIS is just one of several issues. At the same time, folks need to be cautious in terms of the sponsoring organizations they work with in their home country, which certainly is a useful learning preparing to live in the US in general.
Hi Mom,
My youngest son went to Asylum interview a couple of weeks ago. I haven't received any decision letter from the office yet, but I am sure that he has been denied. Would this case affect our lottery case? In the lottery interview what will happen? Would the USCIS deny our case instantly? I am so concerned.
Thanks
My youngest son went to Asylum interview a couple of weeks ago. I haven't received any decision letter from the office yet, but I am sure that he has been denied. Would this case affect our lottery case? In the lottery interview what will happen? Would the USCIS deny our case instantly? I am so concerned.
Thanks
Sm1smom
Super Moderator
Is your son part of your DV based AOS petition? Does he qualify to be listed as your derivative?
Regardless though, your son's asylum petition is separate from your DV based AOS petition.
Yes, my sons are my part of my DV based AOS petition and they are qualified to be listed as my derivative. I know Asylum and DV is separate cases, but I just wanted to know that when we go to the DV interview, do I have to tell to the officer that my son has been denied for his Asylum case?
Thanks
Hi
I read Vrbmon experience and became worried and confused. Today, I went to the FO for ask about early filing. the officer said based on USCIS website and memo, I can file my AOS six or seven before the month that my CN will be current. please put yourself in my shoes, what will you do ? I want to get my green card as soon as possible because I should go to my country.
Can I put one copy of USCIS policy about early filing in my package? in ordet to indicate I don't do wrong early filing.
I read Vrbmon experience and became worried and confused
. Today, I went to the FO for ask about early filing. the officer said based on USCIS website and memo, I can file my AOS six or seven before the month that my CN will be current. please put yourself in my shoes, what will you do ? I want to get my green card as soon as possible because I should go to my country.Can I put one copy of USCIS policy about early filing in my package? in ordet to indicate I don't do wrong early filing.
Last edited:
Sm1smom
Super Moderator
As long as you're certain your sons qualify to be listed as your derivatives, in addition to their being old enough to file for asylum on their own.
No, you don't have to tell the IO anything about the asylum petition unless they specifically ask. Rule of thumb with immigration, don't volunteer any information that isn't asked about.