DV 2018 AOS Only

Good afternoon.

Today I received the Denial Notice of my case, it says:

" For fiscal year 2017, 50.000 Diversity Visas were available. As of September 8, 2017, the DOS announced that the maximum level of available DV has been reached for fiscal year 2017. Unfortunately, the processing of your application was not completed before the maximum level of available DV has been reached for fiscal year 2017. Because the maximum level of available DV has been reached for fiscal year 2017, USCIS cannot grant AOS to you as DV applicant. There is no evidence to indicate that an inmigrant visa is inmediately available to you on any other basis. You do not qualify to adjust status, and, therefore, USCIS must deny your Form I-485, See INA 245 (a) (3).

You may not appeal this decision. However, if you believe that the denial is in error, you may file a motion to reopen or a motion to reconsider using Form I-290B."

I have an Infopass scheduled for next week, last week I went to Field office but the police lady didnt allow me to enter for not having an infopass.

Newark is my FO, what do you suggest? I read that the motions for reopening or reconsidering take 1 to 2 years to procces.

I will go to the appointment and base my arguments on the early filing memo, is that doesnt work I guess I will have to resend the package. Do they return the package or do I have to prepare it all over again?

Thank you
 

Sm1smom

Super Moderator
Good afternoon.

Today I received the Denial Notice of my case, it says:

" For fiscal year 2017, 50.000 Diversity Visas were available. As of September 8, 2017, the DOS announced that the maximum level of available DV has been reached for fiscal year 2017. Unfortunately, the processing of your application was not completed before the maximum level of available DV has been reached for fiscal year 2017. Because the maximum level of available DV has been reached for fiscal year 2017, USCIS cannot grant AOS to you as DV applicant. There is no evidence to indicate that an inmigrant visa is inmediately available to you on any other basis. You do not qualify to adjust status, and, therefore, USCIS must deny your Form I-485, See INA 245 (a) (3).

You may not appeal this decision. However, if you believe that the denial is in error, you may file a motion to reopen or a motion to reconsider using Form I-290B."

I have an Infopass scheduled for next week, last week I went to Field office but the police lady didnt allow me to enter for not having an infopass.

Newark is my FO, what do you suggest? I read that the motions for reopening or reconsidering take 1 to 2 years to procces.

I will go to the appointment and base my arguments on the early filing memo, is that doesnt work I guess I will have to resend the package. Do they return the package or do I have to prepare it all over again?

Thank you
A classic example of why I always tell those current in October to not send in their AOS package before the first day of month of their applicable FY. The FO obviously erroneously denied your petition, they can however still try to wiggle their way out of this by claiming you filed prior to being current (regardless of what the early filing memo says) hence the denial stands.

Should that be the case, don't bother filing a motion to reopen or to reconsider, the case will remain pending until the end of your applicable FY. Your recommended option will be to re-file the AOS petition. The previous petition will not get returned or refunded since it was already accepted by the Chicago Lockb.
 
A classic example of why I always tell those current in October to not send in their AOS package before the first day of month of their applicable FY. The FO obviously erroneously denied your petition, they can however still try to wiggle their way out of this by claiming you filed prior to being current (regardless of what the early filing memo says) hence the denial stands.

Should that be the case, don't bother filing a motion to reopen or to reconsider, the case will remain pending until the end of your applicable FY. Your recommended option will be to re-file the AOS petition. The previous petition will not get returned or refunded since it was already accepted by the Chicago Lockb.
Indeed, you are right. I will let you know what happens after Infopass.

Thank you.
 
Hi Sm1smom, i just joined this forum and read very helpful information( i wish i got on this earlier but here i am now..)

Here's my story-

I was selected for the lottery- my number is 2018EU50** - currently in US on a P4 visa (spouse of P1). When me and my husband submitted our DS260 indicated in it that we want our case to be transferred to USCIS. I received an email from KCC that my case will not be proceed if i don't pay $330.00 to start the case- so we did and received receipt back. We collected all the other papers required- did the medical exam and sent the package with I-485 applications to USCIS Chicago.

After one week i received the papers back with rejected notice Form I-797C saying: The entire application package you filed along with any fees you submitted is being returned to you for the following reasons:
Please refer to the accompanying notice (Form M-180) for further information
.

This form M-180 was not in the package- there is only one green paper saying:

Dear applicant,

We are sorry to inform you that we have rejected your application for the reasons indicated on the I-797 Reject Notice.

You are invited to resubmit your application package after you have corrected the reasons for rejection.
When you resubmit your application, please enclose this letter with your re-submission.


When i go on the USCIS website to check the status of the case( there is Receipt number on the Reject Notice) it is saying was not properly filed.
I called them and the guy from there said you sent the package too early.

My question is now (i just want to make sure i am doing things right) do i wait for the bulletin or i can mail the package again after October 1st?

Also- do i send the rejection notices together with the applications as they sent it to me?

Thank you in advance!

**Ugh- why i didn't see this forum earlier... :(
 

Sm1smom

Super Moderator
Hi Sm1smom, i just joined this forum and read very helpful information( i wish i got on this earlier but here i am now..)

Here's my story-

I was selected for the lottery- my number is 2018EU50** - currently in US on a P4 visa (spouse of P1). When me and my husband submitted our DS260 indicated in it that we want our case to be transferred to USCIS. I received an email from KCC that my case will not be proceed if i don't pay $330.00 to start the case- so we did and received receipt back. We collected all the other papers required- did the medical exam and sent the package with I-485 applications to USCIS Chicago.

After one week i received the papers back with rejected notice Form I-797C saying: The entire application package you filed along with any fees you submitted is being returned to you for the following reasons:
Please refer to the accompanying notice (Form M-180) for further information
.

This form M-180 was not in the package- there is only one green paper saying:

Dear applicant,

We are sorry to inform you that we have rejected your application for the reasons indicated on the I-797 Reject Notice.

You are invited to resubmit your application package after you have corrected the reasons for rejection.
When you resubmit your application, please enclose this letter with your re-submission.


When i go on the USCIS website to check the status of the case( there is Receipt number on the Reject Notice) it is saying was not properly filed.
I called them and the guy from there said you sent the package too early.

My question is now (i just want to make sure i am doing things right) do i wait for the bulletin or i can mail the package again after October 1st?

Also- do i send the rejection notices together with the applications as they sent it to me?

Thank you in advance!

**Ugh- why i didn't see this forum earlier... :(
Your package was rightly rejected since you filed way before your CN is current. You need to wait until the VB shows your CN as current before filing.

Please take a look at the AOS process spreadsheet - link to it can be found on the first post on page one of this Thread.
 

Sm1smom

Super Moderator
Hi Sm1smom, i just joined this forum and read very helpful information( i wish i got on this earlier but here i am now..)

Here's my story-

I was selected for the lottery- my number is 2018EU50** - currently in US on a P4 visa (spouse of P1). When me and my husband submitted our DS260 indicated in it that we want our case to be transferred to USCIS. I received an email from KCC that my case will not be proceed if i don't pay $330.00 to start the case- so we did and received receipt back. We collected all the other papers required- did the medical exam and sent the package with I-485 applications to USCIS Chicago.

After one week i received the papers back with rejected notice Form I-797C saying: The entire application package you filed along with any fees you submitted is being returned to you for the following reasons:
Please refer to the accompanying notice (Form M-180) for further information
.

This form M-180 was not in the package- there is only one green paper saying:

Dear applicant,

We are sorry to inform you that we have rejected your application for the reasons indicated on the I-797 Reject Notice.

You are invited to resubmit your application package after you have corrected the reasons for rejection.
When you resubmit your application, please enclose this letter with your re-submission.


When i go on the USCIS website to check the status of the case( there is Receipt number on the Reject Notice) it is saying was not properly filed.
I called them and the guy from there said you sent the package too early.

My question is now (i just want to make sure i am doing things right) do i wait for the bulletin or i can mail the package again after October 1st?

Also- do i send the rejection notices together with the applications as they sent it to me?

Thank you in advance!

**Ugh- why i didn't see this forum earlier... :(
By the way, what is the duration of your granted stay? When does your P status expire?
 
Your package was rightly rejected since you filed way before your CN is current. You need to wait until the VB shows your CN as current before filing.

Please take a look at the AOS process spreadsheet - link to it can be found on the first post on page one of this Thread.
Thank you very much. I'll look it up right now
 
Hi all, I have questions about copies of Passport, Birth Certificate, Diploma, etc. Do I need to include a title on the copy? For instance: 'Copy of Marriage Certificate'.

Because it's not in English so somebody may be confused what to do with this copy.
 
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