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DV 2018 AOS Only

Hello mom, does it happen before the background check didn’t complete before September 30th and thus the application denied?
 
Hi Mom,

First of all, thank you so much for maintaining this thread - it's been a wonderful resource.

My spouse and I had our interview in late June, when we were told our background checks are still pending. As of last week, they are still pending. As I am starting to gradually lose hope, I'm wondering what is going to happen if we get a denial. I am a student in F1 status, and, while my visa has expired, I should still maintain legal presence until the end of my I-20. However, if I want to travel internationally and renew my visa, will my participation in the lottery and my AOS application affect the process? Will they see an intent to immigrate and refuse to renew my F1? Is consulting an immigration lawyer a good idea?

Thanks again for providing so much information and support!
 
Sm1smom said:
Unfortunately no one can predict how long your background check could possibly take since we don’t really know anything about you and your background, right? But even if we did, we have no way of knowing what the initial check presented with which has now required the additional checks being conducted on you. All you can do at this point is hope it gets completed and you’re cleared pretty soon.
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But they already did background check before we came to the USA years ago. I found this helpful link from @Britsimon http://britsimonsays.com/administrative-processing-fbi-name-checks/
 
PrincessBubblegum said:
Hi Mom,

First of all, thank you so much for maintaining this thread - it's been a wonderful resource.

My spouse and I had our interview in late June, when we were told our background checks are still pending. As of last week, they are still pending. As I am starting to gradually lose hope, I'm wondering what is going to happen if we get a denial. I am a student in F1 status, and, while my visa has expired, I should still maintain legal presence until the end of my I-20. However, if I want to travel internationally and renew my visa, will my participation in the lottery and my AOS application affect the process? Will they see an intent to immigrate and refuse to renew my F1? Is consulting an immigration lawyer a good idea?

Thanks again for providing so much information and support!
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If your AOS petition is not approved by the end of the FY, your revert back to your current status (assuming you’ve not done anything to jeopardize that status by using an AOS based AP or EAD card while your AOS petition was pending for instance).

Getting a NIV to return back to the US will be tough following an immigrant intent demonstration. Yes the embassy will already know about your attempted AOS. Plus the DS160 which you will be submitting for the NIV will ask if you’ve ever submitted an immigrant petition before. Consulting an immigration attorney is a waste of time and resources IMO - nothing they can do to guarantee you’ll get issued with a NIV following an immigrant intent demonstration.
 
Yosef said:
But they already did background check before we came to the USA years ago. I found this helpful link from @Britsimon http://britsimonsays.com/administrative-processing-fbi-name-checks/
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The background check you were subjected to “years ago” is irrelevant when it comes to AOS or applying for an immigrant visa. A new and thorough background check gets conducted regardles of what the previous check revealed or how long ago it was. The same thing happens when one applies for naturalization - anyone who experienced extensive AP during the GC process will experience it again during the naturalization process.
 
Sm1smom said:
The background check you were subjected to “years ago” is irrelevant when it comes to AOS or applying for an immigrant visa. A new and thorough background check gets conducted regardles of what the previous check revealed or how long ago it was. The same thing happens when one applies for naturalization - anyone who experienced extensive AP during the GC process will experience it again during the naturalization process.
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In fact, I have two parallel processes, one for labor certification which has been waiting for interview for a year already, and this one for DV. My name check for the labor certification is ready but they can't use that one, they need an specific one for this case...
 
Hi Mom,
Is my EAD based on asylum is still valid or I should expect something goes wrong after denied my AOS based on DV??
Thanks
 
W.M said:
Hi Mom,
Is my EAD based on asylum is still valid or I should expect something goes wrong after denied my AOS based on DV??
Thanks
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The asylum based EAD is still valid (I’m assuming you never used an AOS based EAD card while processing your DV based AOS petition).
 
Hello Everyone,
This is my first and only post here, which indicates how straightforward and informative the spreadsheet is. I want to thank Mom and Brit for their effort in putting all the information here.
My story:
Won the lottery, got a high (in my opinion) number EU19***, almost immediately lost hope, and decided to wait.
Beginning of March, seen the current trends, found this forum, read through the spreadsheet, and submitted DS-260.
Mar 30 got 2nd NL
May 1 sent the DV payment
May 7 got the receipt
Putting together the AOS package was a painful and long process. In fact, it took a lot longer than I anticipated. My number became current in June, however, AOS package was sent on June 18.
July 2 received first NOA
July 13 received Bio Letter, with date of Bio – July 25. Got assigned to the Tampa office
July 25 attended the Bio
August 6 got the Interview letter, with date of Interview – August 22
August 22, attended the Interview, was approved 15 mins after the interview
September 3 received the GC.
Hope this helps to anyone who is still searching for time estimations. The whole process is very stressful and long, but you need to follow the spreadsheet. Include everything that can help you. Be prepared. Good luck everyone and thank you again for the input!
 
Hi Mom,
Today is my 3rd infopass since I got denial, I went to the field office to keep my opportunity on DV-2018 up to the last breath.
I spoke to them for almost one hour arguing with a court decision that exist into their website saying that as long as DHS didn’t act on my asylum prior to the filing my I-485 then for technical reason I am not out of status plus I mentioned again to the other states that approve for the pending asyluees considering the time for filing their asylum petition while their non-immigrant visa was still valid, that meet with my status.
I felt that the officer was failed to argue and seems like he was convinced with what I said, at the end, he said because there’s no enough time remain I should submit my argument(I already did) & will reopen my file and see if that might works.
Let’s see and hopefully they found that their incorrect decision and give me my GC.
Keep praying and fight to the end.
 
W.M said:
Hi Mom,
Today is my 3rd infopass since I got denial, I went to the field office to keep my opportunity on DV-2018 up to the last breath.
I spoke to them for almost one hour arguing with a court decision that exist into their website saying that as long as DHS didn’t act on my asylum prior to the filing my I-485 then for technical reason I am not out of status plus I mentioned again to the other states that approve for the pending asyluees considering the time for filing their asylum petition while their non-immigrant visa was still valid, that meet with my status.
I felt that the officer was failed to argue and seems like he was convinced with what I said, at the end, he said because there’s no enough time remain I should submit my argument(I already did) & will reopen my file and see if that might works.
Let’s see and hopefully they found that their incorrect decision and give me my GC.
Keep praying and fight to the end.
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I’m impressed by your tenacity on this. I’m keeping my fingers crossed for you and hope the decision gets revised. Continue to keep us posted.

All the best!
 
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Sm1smom said:
I’m impressed by your tenacity on this. I’m keeping my fingers crossed for you and hope the decision gets revised. Continue to keep us posted.

All the best!
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Thanks,
Keep fighting for your rights,gives more strength.
If it was’t work, I will never blame my self coz I did what I can do for the last mint.
 
Good Afternoon all,

I have a wish that at someday I am going to write this post in this amazing forum and share this happiness with MOM and all the folks with whom we have started the long journey back in May 2017.

Now the time has come. I especially want to thank MOM (Sm1smom), Britsimon, W.M, and other folks who help me during this journey.

We receive a call from the USCIS officer on Wednesday at 7:00 pm for the interview on Friday at 2:00 pm. We went to interview, and the officer was extremely friendly and simply ask Yes/No question. We have the pending asylum case, but officer do not ask any question about asylum case. He is majorly oriented about either we are maintaining a valid status or not. I collect enrollment verification letter, official transcript and newly updated I-20 just a day before the interview which helps us to prove that we still maintain a valid status. (For the information my wife was the lottery winner and she is in F2 status and I am in F1 status). After 2/3 hours online status has been updated and states that New Card is being Produced.
Actually, we have a problem before, regarding the transfer of our A-file from the Asylum office to the USCIS field office. I take the help of congressmen to solve this issue.

Asylum office says that they already send the file but USCIS says that they don’t send the file. To solve this deadlock, I get the paperwork from both offices and gave to the congressmen office. The person in the congressmen office was very nice and he understands our case very well and he sends an inquiry email to both USCIS and Asylum office to solve the problem. Congressmen email works magic and after 2/3 days A-file was received at USCIS office and we were called for interview. Later it came to know that Asylum office send the temporary electronic file to USCIS prior on June but USCIS was still waiting for the actual physical file. This is where our case was stuck.

I especially want to thanks to W.M and pray for this case to be a success. Since I got the idea from him to walk out to the Asylum office and collect the paperwork about our inquiry. Which works the strong proof for the congressmen to expedite our case this fast.

Overall, all the situation were turnover magically in just 3 / 4 days.

Lesson Learned: (This might be helpful for the upcoming years folks)
  • Never lose the hope till the 11th hour
  • Wherever you went for the inquiry regarding the case always collect the paperwork which might be very useful if some problem happens later
  • If you are in this Baltimore area, congressmen office is extremely helpful. If you need some help regarding your case if you have the genuine reason make priority to them instead of ombudsmen to solve your problem.
  • Research very well on two aspects in this forum – one who are in same situation as you in this journey and secondly – follow the experience of the folks from the same field office even from the past few years.
  • At some point someone inspired you and help you thus be the inspiration for others and help others whatever you can in this long journey

I will also update my timeline in timeline page of DV AOS2018.
Once again Thank you MOM (Sm1smom), Britsimon, W.M, and other folks for this thrilling journey.
 
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