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DV 2018 AOS Only

Discussion in 'Lottery Visas - DV' started by Sm1smom, May 2, 2017.

  1. Dr. Europe

    Dr. Europe New Member

    Thank you for you answer. I still have many questions despite reading and searching through the AOS process spreadsheet (and the forum) but I do not want to abuse your time. This is why I was thinking of contacting a lawyer.
    Is there any way to request an interview waiver? Would it make sense to mention this in the cover letter I would include in the AOS package?
     
  2. Xarthisius

    Xarthisius Active Member

    Do you think if that was an option, there would be a single person filing DV-related AOS without interview waiver due to "extraordinary circumstances" of wanting to get GC sooner, rather than later?
     
  3. Dr. Europe

    Dr. Europe New Member

    I think that you would have to have such circumstances unless you are making them up.
     
  4. Britsimon

    Britsimon Super Moderator

    DV lottery based AOS is different to "normal" AOS. FO processing is different, and usually faster than normal AOS cases. DV lottery represents about 5% of total annual immigration, and about 5% of that 5% is AOS. MOST of those cases (by far) are handled without a lawyer, because it is a straightforward process which Mom has managed to demystify for everyone and documented in her spreadsheet. So - lawyers, spread across the USA, handle a handful of cases each year - and the chances of you getting a lawyer that knows anything about DV AOS is slim at best. So - if you want to pay someone to learn a process from scratch, go ahead and hire a lawyer. Honestly, in our experience, almost without exception, lawyers have made DV AOS cases worse, not better.
     
  5. Britsimon

    Britsimon Super Moderator

    But your reason is NOT a pressing reason - it is a matter of convenience for you. That is not their definition of "urgent".
     
    SusieQQQ likes this.
  6. Sm1smom

    Sm1smom Super Moderator

    Okay, your case, your money. Good luck with finding an immigration lawyer more knowledge than what we’re able to share here with DV based AOS process to take you through the process.

    You may request an interview waiver on your cover letter if you like. Your FO is not obligated to grant the request. I’m actually certain an interview waiver WILL NOT be granted based on your request.

    DV based AOS cases are already being fast tracked because they are time limited petitions compared to an employment or family based AOS petition which takes much longer. The FO can at their discretion decide to waive an interview, but it’s not done for the purpose of fast tracking the process.
     
  7. Sm1smom

    Sm1smom Super Moderator

    An expedite request may be made if a petition meets one or more of the following criteria:
    • Severe financial loss
    • Emergency situation
    • Humanitarian reasons
    • DOD or national interest situation
    • USCIS error
    • Compelling imterest of USCIS
    https://www.uscis.gov/forms/expedite-criteria

    Your situation does not meet an expedite criteria IMO. Especially considering the fact that DV based AOS petitions are already expedited based on the need for them to be completed by the end of the applicable FY.

    And here’s a link with further explanation regarding expedite criteria:
    https://resources.envoyglobal.com/blog/expedite-green-card-processing-with-these-quick-tips
     
    6fii likes this.
  8. Britsimon

    Britsimon Super Moderator

    You didn't list the millennial exception - "because I really really want it".
     
    Sm1smom and Dr. Europe like this.
  9. Sm1smom

    Sm1smom Super Moderator

    :eek: Yeah, I forgot that one - most important reason :cool:
     
  10. W.M

    W.M New Member

    Hi Mom,
    I enrolled my two kids in head-start school program.
    Is that my hurt my AOS application because of the recent draft proposed by home land security to make it difficult for having the permenat residency or citizenship.
    Do I have to skip my kids from school to be in safe side or that will not make sense because they already had it ??
    Thanks
     
  11. Sm1smom

    Sm1smom Super Moderator

    Well, the new public charge memo is still a draft, it hasn’t been finalized or issued for implementation yet. I do not think IOs will be using it in adjudicating AOS petitions for now.

    And if IOs were to use it as is, withdrawing your kids will make no difference. It’s a benefit you’ve already used.
     
  12. Yosef

    Yosef New Member

    Hey. First thanks for your help and time. Do u think there will be current this year for Asia if the travel ban effected until the end of the year?
     
  13. Andrii

    Andrii New Member

    Hi Mom,

    I will be very appreciated for helping me to figure out a couple of moments.
    Our CN will be current in March, can we file documents for AOS right now or should we wait till March (I saw that in some cases documents were filed prior the month when CN would be current)?
    And another question, can we file 1040 forms instead of tax return transcripts along with w2 forms and pay stubs (I expected delays with getting tax return transcripts)?

    Thanks a lot.
     
  14. Sm1smom

    Sm1smom Super Moderator

    1. You may file early if you like or wait until March. Your call. Did you go through the AOS process spreadsheet to ensure you understand the process?

    2. A 1040 Form is not a proof of income tax filing - it only shows you filled the form. An IRS tax return is the prove you did file, it’s an unquestionable evidence from a recognized authority. If you expected delays with getting the IRS tax returns, you should have initiated the process of getting it a while back. Anyway you may submit the AOS package without it, you’ll have the opportunity of presenting it at your interview if it is required.
     
  15. Sm1smom

    Sm1smom Super Moderator

    Simon has a lot of analysis regarding this on his blog site, I suggest you read up on those.
     
    Yosef likes this.
  16. Dave138

    Dave138 New Member

    Our number OC8xx will be current in April and we're starting our AOS process. Hopefully visas will still be available at the end for us. Just like to say a big thanks to Sm1smom, Britsimon and other forum members that have contributed to the information about AOS as its a really helpful resource.
     
    Sm1smom likes this.
  17. Yosef

    Yosef New Member

    He is very hepful. But he said in this question I don’t know. That’s why I asked u
     
  18. Britsimon

    Britsimon Super Moderator

    That's because no one knows the answer to your question. We cannot be sure whether the ban will stay in effect, or how the ban will affect the DV progress. This has never happened before, so we can only speculate - and honestly, your guess is as good as anyone else's.

    You are simply going to have to accept the "wait and see" answer as the wisest answer at this point.
     
    Yosef likes this.
  19. Yosef

    Yosef New Member

    Thank you brother. You are here also . My purpose for this question to have plan if I am going to submit my application form to USCIS or not on May or june. I don’t want to submit the application if my number will not get current. I appreciate your help and time.
     
  20. Britsimon

    Britsimon Super Moderator

    The VB for September current numbers (the final of DV2017) will be published in July. As soon as it is published you will know whether you are current or not (unless AS region goes current earlier). So - have your I-485 ready to go. Have the DS260 ready to go, and get ready to submit the AOS fee. The fee is normally paid before you submit the I-485, but you can omit the receipt if you really have to (or gamble that based on the June published VB being close).

    Submitting in July still gives you time. It's not ideal, but people have done it before and succeeded. So - instead of trying to guess the unguessable, focus on making sure your I-485 will be perfect and that you are fully clued up how to push your case once it is submitted.
     
    Yosef likes this.

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