Britsimon
Super Moderator
Yes it is the one that discusses early filing AND makes clear the deadline.
DV 2017 AOS Only
- Thread starter Sm1smom
- Start date
Yes it is the one that discusses early filing AND makes clear the deadline.
Supersonic2016
Member
Mom: The new president of United States is going to pass a law to prevent Iranians,Iraqis Yemenis can not do the immigration. And same as always Saudi Arabia and Pakistan that anyone knows what they are knwon for are nit in the list. I am wondering what would happens to us who are in middle of AOS?
Regards,
Regards,
Britsimon
Super Moderator
No one has any detail of what the lunatic has in mind. Let's not speculate until we understand the details.
Sm1smom
Super Moderator
Like Simon said, we have no detail of what his plans are, I don't have an opinion on what could/should/might happen. We just have to take things one day at a time now and not speculate.
Grateful516
Member
Thank you, Mom and Simon, for the usual support. I will update you once I revisit them, my appointment is on Feb 7. I also called the USCIS and they note that in order to " expedite your interview, please submit a WRITTEN request". So, I will send a letter to them with the supporting documents. What is your recommendation on what to write on the letter?
Grateful516
Member
Dear Mom and Simon,
Here is the letter I am sending to the USCIS. I would really appreciate your recommendations.
U.S. Citizenship and Immigration Services USCIS
ATTN: Adjustment of Status Unit
RE: Request to expedite (AOS) application due to time constraints for
First Last name - USCIS Account Number (A-number):
Alien #: A XXXXXX
Receipt #: XXXXXX
Referral #
Dear Sir/Madam:
My husband and I have filed I-485 on 11/12/2016 to Register for Permanent Residence or Adjust of Status. Our I-485 application is based on the Diversity Visa program, administered by the U.S. Department of State, Kentucky Consular Center (KCC) . We have followed the requirements listed on the USCIS website under “Green Card Through the Diversity Immigrant Visa Program” and filled according to the visa bulletin when our case number became eligible and current in Nov 2016; Diversity Visa Lottery - Case Number: 2017XXXXXXXX.
We are requesting to expedite our applications due to time constraints.Knowing that, the adjustment of status process for diversity visa winners and their derivatives must be completed by September 30 of the fiscal year of the lottery and visas cannot be carried over to the next fiscal year. The fiscal year for our case is 2017, as stated on the KCC letter and USCIS website. We are afraid that we will lose the visas due to the normal processing time required for AOS applications in our Field Office, Newark, NJ.
If you require further clarifications or have any question, kindly contact us at xxx
Thank you very much for your consideration,
First last name
Supporting documents for this request is listed on page two
Documents attached:
A copy of the USCIS link for “Green Card Through the Diversity Immigrant Visa Program “
A copy of the selectee notification letter
A copy of the visa bulletin for November 2016
A copy of Diversity Visa Adjustment letter
A copy of the email sent from Kentucky Consular Center regarding Adjust of Status
A copy of the USCIS email regarding the expediting request
A copy of the selection letter for the diversity visa lottery from the Department of State
A copy of I-797C Receipt for me and my husband
A copy of I-797C for biometrics for me and my husband
Here is the letter I am sending to the USCIS. I would really appreciate your recommendations.
U.S. Citizenship and Immigration Services USCIS
ATTN: Adjustment of Status Unit
RE: Request to expedite (AOS) application due to time constraints for
First Last name - USCIS Account Number (A-number):
Alien #: A XXXXXX
Receipt #: XXXXXX
Referral #
Dear Sir/Madam:
My husband and I have filed I-485 on 11/12/2016 to Register for Permanent Residence or Adjust of Status. Our I-485 application is based on the Diversity Visa program, administered by the U.S. Department of State, Kentucky Consular Center (KCC) . We have followed the requirements listed on the USCIS website under “Green Card Through the Diversity Immigrant Visa Program” and filled according to the visa bulletin when our case number became eligible and current in Nov 2016; Diversity Visa Lottery - Case Number: 2017XXXXXXXX.
We are requesting to expedite our applications due to time constraints.Knowing that, the adjustment of status process for diversity visa winners and their derivatives must be completed by September 30 of the fiscal year of the lottery and visas cannot be carried over to the next fiscal year. The fiscal year for our case is 2017, as stated on the KCC letter and USCIS website. We are afraid that we will lose the visas due to the normal processing time required for AOS applications in our Field Office, Newark, NJ.
If you require further clarifications or have any question, kindly contact us at xxx
Thank you very much for your consideration,
First last name
Supporting documents for this request is listed on page two
Documents attached:
A copy of the USCIS link for “Green Card Through the Diversity Immigrant Visa Program “
A copy of the selectee notification letter
A copy of the visa bulletin for November 2016
A copy of Diversity Visa Adjustment letter
A copy of the email sent from Kentucky Consular Center regarding Adjust of Status
A copy of the USCIS email regarding the expediting request
A copy of the selection letter for the diversity visa lottery from the Department of State
A copy of I-797C Receipt for me and my husband
A copy of I-797C for biometrics for me and my husband
Britsimon
Super Moderator
It's January. There is absolutely no reason to be worried. It is WAY too early to be asking for an expedite.
Grateful516
Member
when I visit them they said my interview will be in 2018 or 2019 as they are working on AOS for 2015 also my current status will expire on July 2017
Britsimon
Super Moderator
Like I said - you were not prepared and got a bad answer which you failed to challenge. I had the same response in my own Infopass but I held my ground and established the person answering had no idea what she was talking about. The same will be true in your case, but that is no reason to request an expedite and it is wise to keep those measures for when (or if) they are really needed. In your case you are not in danger of that. And by the way, the request will be almost certainly denied because of the timing issue.
Britsimon
Super Moderator
The executive order you are talking about is not yet signed. There is a draft version available but that could be amended before publishing or never published. Once published it will need some interpretation. We clearly should not speculate on what impact it will have until it is signed, never mind implemented.
Grateful516
Member
Thank you, Simon, I am not sure why you say I was not prepared you were not with me. I went there with my receipt and two letters from the KCC and one email stating the timeline issue. The FO advised me via email and in-person to submit a written request for expediting. Also, they said to do it ASAP as they are still working on AOS 2015.
Not sure if the letter correct. I would really appreciate any feedback. Also, should I mention my current status will expire on July?
Thank you
Britsimon
Super Moderator
Again. The information is bad information. If you want to file the expedite, go ahead.
Sm1smom
Super Moderator
I'm not Simon, and I certainly can't read his mind. However I'm guessing he's trying to say you were not prepared with the right information/evidence to counter the erroneous information you were provided with at your INFOPASS. The items you listed above do not tell anyone about the need for a DV based AOS petition to be adjudicated by the end of the applicable FY.
You needed to have attended the INFOPASS with three major documents (in addition to anything else you decide to take along), and these are:
- A print out of the contents on the USCIS website itself (with the link to the website) stating the need to adjudicate by Sept 30th.
- The early filing memo which shows one could file early and also explains the Sept. 30th deadline.
(3) Diversity Visa Application Validity:
(a) Under INA 204(a)(1)(I)(ii)(II), persons selected as DV immigrants are entitled to apply for visa issuance only during the fiscal year for which the entry was submitted. The application is valid until midnight of the last day of the fiscal year for which the petition was submitted. There is no carry-over of benefit into another year for persons who do not receive a visa during the fiscal year for which they registered. Following-to-join derivative visas must be issued during the same fiscal year as that of the principal beneficiary.
https://fam.state.gov/fam/09FAM/09FAM050206.html
If you had these documents, you would have been able to counter the information you were given about your FO currently dealing with 2015 cases as that timeline is no applicable to DV based petitions. And if the IO you met had insisted on being right, then you would have politely requested to speak with a supervisor and present your case/evidence again. That's what being prepared for an INFOPASS visit is about.
By the way, telling them about your J status expiring in July is irrelevant as you're still deemed to be in a legal status after that expiration because of your pending AOS petition.
Sm1smom
Super Moderator
The executive order hasn't been signed, we don't know precisely what it will contain when it gets signed, so we don't want what impact, if any it will have on DV cases at this point in time.
Grateful516
Member
Thank you, Mom that was helpful. I am happy I did this mistake so we all learn from it.
Britsimon
Super Moderator
You read my mind!
I also have a question about the USCIS processing times. So on the USCIS website there are 3 options:
-Field Office (Saint Paul, MN for me)
-Service Center (Nebraska for me)
-National Benefits Center
my question(s) is/are: Field office indicates "January 23, 2016" for I-485 applications (does that mean that they are processing applications they received from the NBC on or after January 23rd?).
I know I have read the spreadsheet but where does the application go from the Lockbox? (National benefits center to Service Center to Field Office?)
Also, I don't see an option for DV lottery based I-485 on the Service Center list.
I guess I just would like to know where the application goes to and how to read the posted dates on the USCIS processing time so I know when I can expect the application at the Field Office.
-Field Office (Saint Paul, MN for me)
-Service Center (Nebraska for me)
-National Benefits Center
my question(s) is/are: Field office indicates "January 23, 2016" for I-485 applications (does that mean that they are processing applications they received from the NBC on or after January 23rd?).
I know I have read the spreadsheet but where does the application go from the Lockbox? (National benefits center to Service Center to Field Office?)
Also, I don't see an option for DV lottery based I-485 on the Service Center list.
I guess I just would like to know where the application goes to and how to read the posted dates on the USCIS processing time so I know when I can expect the application at the Field Office.
Your I-131 and I-765 is processed by the NBC so, the timeline under that applies to you (which is usually 3 months, if it hasn't changed). It is your field office that handles your I-485, however the timeline of your field office will still not apply to your case because it's DV based. The spreadsheet with past and present DV based AOS cases and the information provided there is kind of your only source of reference.
Some field offices process I-485 applications on a rolling basis and others wait and consolidate applications before starting setting up interviews. The spreadsheet can give you an idea how your field office handles DV based I-485s. Most field offices are aware of the time constraint and process DV based applications before others. But it's always useful to follow up on your cases through an Infopass just to make sure everything is on track and the field office is aware of the September 30 deadline.
@s2017 – I believe this answers your question too.
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