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DV 2018 AOS Only

74MARMORA74 said:
This is a TAX question which I know is not related to the AOS process but I would think some people in here might be facing this issue, if not accepted by the Admin, please remove.
My 2 dependents kids never issued SSN when I first started working in US since they are not eligible to work, when filing tax 2017 (first year to file) the accountant wants to get ITIN for the kids so she can file them as dependents on myself, I was hoping that by the time we file we would have the GC and SSN, but since the process have been slowed down for AF winners this is not the case any longer, my dilemma now is applying for ITIN this time of year could be up to 10 weeks which still does not help we might have the GC by then I hope, any one have had a similar situation to deal with?
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Yes this is a not a DV AOS related question and shouldn’t have been posted here in the first place. This is the only thread for AOSers and if everyone starts posting other issues they’re dealing with, with the mind that a fellow AOSer may be going through the same issue, the thread will get clogged up and derailed from its intended purpose. Let’s all have that in mind when posting and not ask Admin to move the post if it is not acceptable.
 
Dr. Europe said:
Thanks Mom, such a quick answer!

1.Gotcha. If I get a REF for not sending the I 693, will that freeze my EAD other than the GC itself? It looks like the EAD is quicker than the GC but I've been hearing of people waiting for 150 days!
2. The ECFMG is the US certification that allows me to get into an American medical residency. This means that the US is officialy recognizing me as a doctor (even though my med school was out of the US). Don't you think that will be considered enough to prove my level of education (thus allowing to bypass the HS diploma)?

7. Form I-485 (PART 1 - 22a) "how was I admitted?" - I entered the US with a J1: Can I actually type in "Research Scholar J VISA" or should I type something like "Exchange visitor"?
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I know you’re pressed for time, and I’m guessing you probably don’t have your HS diploma with you which is why you’re trying to use your ECFMG to prove your qualification. You do have the option of mailing your AOS package as is, then send for your HD diploma and have it on hand for when you go for the interview. You present it if the IO asks for it.
 
74MARMORA74 said:
I have all my police records with Finger printing / background check from the 3 different countries I lived in before moving to US available and valid, is there a way to send these to USCIS? hoping it would speed the background check process, I am a bit worried about the way things usually not on a good time manner in my birth country that might slow down the background check!
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No, it’s not going to help. USCIS will rely on the background checks conducted by the FBI.
 
Sm1smom said:
He’s hoping to gain some time to enable him start his medical residency program in June, he’s not quite paying attention to the consequences I already pointed out to him.

The fact that he could actually loose valuable time (up to one month) if his package was treated as incomplete by the Chicago Lockbox and sent back to him doesn’t seem to bother him. Getting an RFE in place of an IL looks acceptable to him as long as he has his EAD which can subsequently cost him his program and his stay in the US if his GC petition is not approved by 9/30 or gets denied.
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Thank you Mom, for pointing that out. The medical guys had a very silly issue that I cleared myself and form will be ready today.

Now, before applying for AoS, here is my final plan.
As crazy as it can sound my priority is starting residency rather than getting the EAD/GC (I worked 8 years for this and now is my chance). Starting residency WITH EAD/GC is a heavenly bonus BUT not essential. In fact, if I match in a program, the ECFMG (Educational Commission for Foreign medical graduates) CAN sponsor a J1 Clinical (with 2 year home residency rule) that allows me to start residency. Of course, this is not compatible with the AoS petition but it might represent a safety net. Here come the questions:

1. Can I even file for J1 Clinical (w/ 2 Y home residency rule) while my AoS is being processed? (of course this would cause the AoS to be canceled).
2.Can I withdraw the AoS petition if in April/May (more or less) I see that the EAD/GC application is not moving fast enough so that I can leave the US and request the J1 Clinical from home in time to start residency in middle of June?
(3. If it is not possible to withdraw AoS petition, would it make sense to directly leave the US so that AoS is considered abandoned and I can move on to request the J1 Clinical from home? I wonder the timeline in such case..)

Thank you all for your patience (especially Mom :D). I think that once this is cleared, I can finally submit my petition for AoS.
 
Dr. Europe said:
Thank you Mom, for pointing that out. The medical guys had a very silly issue that I cleared myself and form will be ready today.

Now, before applying for AoS, here is my final plan.
As crazy as it can sound my priority is starting residency rather than getting the EAD/GC (I worked 8 years for this and now is my chance). Starting residency WITH EAD/GC is a heavenly bonus BUT not essential. In fact, if I match in a program, the ECFMG (Educational Commission for Foreign medical graduates) CAN sponsor a J1 Clinical (with 2 year home residency rule) that allows me to start residency. Of course, this is not compatible with the AoS petition but it might represent a safety net. Here come the questions:

1. Can I even file for J1 Clinical (w/ 2 Y home residency rule) while my AoS is being processed? (of course this would cause the AoS to be canceled).
2.Can I withdraw the AoS petition if in April/May (more or less) I see that the EAD/GC application is not moving fast enough so that I can leave the US and request the J1 Clinical from home in time to start residency in middle of June?
(3. If it is not possible to withdraw AoS petition, would it make sense to directly leave the US so that AoS is considered abandoned and I can move on to request the J1 Clinical from home? I wonder the timeline in such case..)

Thank you all for your patience (especially Mom :D). I think that once this is cleared, I can finally submit my petition for AoS.
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1. I provide guidance/answer to DV related questions only.
But I will had that the J1 petition will clearly not be approved. You can’t have an IV and a NIV petition in the system at the same time.
2. You can withdraw your AOS petition anytime before it gets adjudicated. It’s highly doubtful EAD card will be out, you might as well not proceed with AOS and go get a new visa to proceed with your program since that is more important to you.
3. See 2 above. Possibility of being denied a new J1 is high because of your declared immigrant intent which has been undeniably demonstrated by the filed AOS petition. An abandoned AOS is not the only thing you’ll be dealing with at this point. You’re expected to not have an immigrant intent in order for a NIV to be approved, exception is if your NIV is a dual intent visa which a J1 is clearly not.
 
Sm1smom said:
1. I provide guidance/answer to DV related questions only.
But I will had that the J1 petition will clearly not be approved. You can’t have an IV and a NIV petition in the system at the same time.
2. You can withdraw your AOS petition anytime before it gets adjudicated. It’s highly doubtful EAD card will be out, you might as well not proceed with AOS and go get a new visa to proceed with your program since that is more important to you.
3. See 2 above. Possibility of being denied a new J1 is high because of your declared immigrant intent which has been undeniably demonstrated by the filed AOS petition. An abandoned AOS is not the only thing you’ll be dealing with at this point. You’re expected to not have an immigrant intent in order for a NIV to be approved, exception is if your NIV is a dual intent visa which a J1 is clearly not.
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Goodmorning everybody,

Thanks mom you were very precise.
1.My appointment as a researcher was recently extended although I do not know if a new DS2019 was already issued. Should I wait to file AoS until I receive the new DS2019?
2.I485 instructions (p.11) say "Include evidence for every time you entered the United States and for the time periods spent in the United States." Should I include all the passport pages with the admission stamps to prove that?
3.I found no official answer to this silly question: is it an issue if I printed double-sided forms? I am thinking especially about I-131 that has the barcode on the bottom (possible scanning issues?).
4.On the envelope of I-693 they just wrote: "do not open, for USCIS only". Should I add "FormI-693" just to be clear?

Thank you
 
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Dr. Europe said:
Goodmorning everybody,

Thanks mom you were very precise.
1.My appointment as a researcher was recently extended although I do not know if a new DS2019 was already issued. Should I wait to file AoS until I receive the new DS2019?
2.I485 instructions (p.11) say "Include evidence for every time you entered the United States and for the time periods spent in the United States." Should I include all the passport pages with the admission stamps to prove that?
3.I found no official answer to this silly question: is it an issue if I printed double-sided forms? I am thinking especially about I-131 that has the barcode on the bottom (possible scanning issues?).
4.On the envelope of I-693 they just wrote: "do not open, for USCIS only". Should I add "FormI-693" just to be clear?

Thank you
Click to expand...

1. The DS2019 form is a certificate of eligibility to apply for a J visa. It has nothing to do with the AOS process, I can’t advise you on that issue. By the way, aren’t you in a race against time?

2. You don’t need all the pages on your passport. Only the pages with biographic information and visa stamps. Plus copies of I-94. By the way, have you gone through the AOS process spreadsheet? It has the answers to most of these common questions you know?

3. I’m not going to provide a direct response to this question except to say when in doubt, follow your guts/instincts. This process is stressful enough without the need to start stressing and worrying over what I consider minor details.

4. You don’t need to add anything to the envelope. There’s nothing to be clear about, they will find out what’s in it when they open the envelope. Plus the people that received the AOS package are already aware of what to expect when a sealed envelope is included with the package. Again, stop stressing over minor details.
 
Sm1smom said:
1. The DS2019 form is a certificate of eligibility to apply for a J visa. It has nothing to do with the AOS process, I can’t advise you on that issue. By the way, aren’t you in a race against time?

2. You don’t need all the pages on your passport. Only the pages with biographic information and visa stamps. Plus copies of I-94. By the way, have you gone through the AOS process spreadsheet? It has the answers to most of these common questions you know?

3. I’m not going to provide a direct response to this question except to say when in doubt, follow your guts/instincts. This process is stressful enough without the need to start stressing and worrying over what I consider minor details.

4. You don’t need to add anything to the envelope. There’s nothing to be clear about, they will find out what’s in it when they open the envelope. Plus the people that received the AOS package are already aware of what to expect when a sealed envelope is included with the package. Again, stop stressing over minor details.
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Thank you for your answer.

Several forms require the same supporting documents. E.g. I485 and I765 both require a Passport/ID document. Should I make copies of the ID (or other documents) for all the forms that require it/them?
I went through the AOS spreadsheet yes, and it does not mention to do multiple copies: I am just double-checking.

If everything goes well I am sending the package today.

Thanks
 
Dr. Europe said:
Thank you for your answer.

Several forms require the same supporting documents. E.g. I485 and I765 both require a Passport/ID document. Should I make copies of the ID (or other documents) for all the forms that require it/them?
I went through the AOS spreadsheet yes, and it does not mention to do multiple copies: I am just double-checking.

If everything goes well I am sending the package today.

Thanks
Click to expand...

Each form must be accompanied by the required documents. Your FO adjudicates the I-485,while the NBC adjudicated I-131 and I-765. Each office with jurisdiction expects to see a complete petition.

I agree the spreadsheet does not mention multiple copies, it obviously can’t call out every single thing everyone needs to do which is why the first page/tab has the following disclaimer:
DISCLAIMER: Please note, this Spreadsheet is put together based on our experiences and those of others we've come across. It is not an official USCIS document, it is intended as a guide only! You are responsible for the success or otherwise of your own petition.
​
So I’m glad you’re double checking.
 
Sm1smom said:
Each form must be accompanied by the required documents. Your FO adjudicates the I-485,while the NBC adjudicated I-131 and I-765. Each office with jurisdiction expects to see a complete petition.

I agree the spreadsheet does not mention multiple copies, it obviously can’t call out every single thing everyone needs to do which is why the first page/tab has the following disclaimer:
DISCLAIMER: Please note, this Spreadsheet is put together based on our experiences and those of others we've come across. It is not an official USCIS document, it is intended as a guide only! You are responsible for the success or otherwise of your own petition.
​
So I’m glad you’re double checking.
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Thanks, yeah for someone that does not know anything about this kind of stuff nothing is obivious honestly :p

Form I485 instruction mentions "If you are filing Form I-485 as a DV applicant, you do not need to submit evidence of financial support". thus I suppose it is not necessary to file a I-864W ?

Thank you
 
Sm1smom said:

So I’m glad you’re double checking.
Click to expand...

Dear Mom,
Speaking about double-checking here is my cover-letter with all the forms ready to be filed.
I thought it was nice to share this with the community and might help people like me that seek for help in immigration matters.
I would like to point out that all of the content that I mention here was verified in the USCIS official form instructions and applies to a J1 VISA AOS. Nothing should be missing, if anything I added documents when I could have avoid that (e.g. SS card in I-765).

Please let me know if you would modify anything of the cover letter and/or of the package itself.

Thank you so much for your precious availability in this process!

------------------------------------------------------------------------------------------
Feb 17th, 2017

USCIS Chicago Lockbox
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

RE: I-485 Application for Adjustment of Status (AOS) for ------- - Diversity Visa Lottery Selectee
- Case Number: 2018EU------


To whom it may concern,

Please find enclosed Form I-485, Form I-131, Form I-765, and all relevant supporting documents. My eligibility is based on being a 2018 Diversity Visa Lottery Selectee. A copy of my selectee notification letter is included with this application.
My package is being submitted on the basis of the Diversity Visa cut off number listed on the Advanced Notification section of the March 2018 Visa Bulletin. The USCIS Policy Memorandum of August 9th, 2013 (hereby attached) supports my early filing of Form I-485.


This package includes:


Form I-485, Application to Register Permanent Residence or Adjust Status:
• USCIS Early Filing Policy Memorandum
• Form G-1145, E-Notification of Application/Petition Acceptance Copy of DV2018 Selectee Notification Letter
• Two (2) identical color Passport-Style Photographs with full name on back
• Personal check of $1,225 - Filing Fee for I-485 ($1140) and Biometrics ($85)
• Form I-485 - Application to Adjust Status.
• Copy of current Passport – biographic and photograph page + copy of page with admission stamp
• Copy of expired Passport – biographic and photograph page + copy of J1 nonimmigrant Visa
• Copy of Birth Certificate, type 1 (with notarized translation).
• Copy of Birth Certificate, type 2 (already in English).
• Copy of Last I-94 retrieved online + unofficial travel of records retrieved online.
• Copy of DS-2019 + Copy of Current Employment letter
• Form I-693 - Report of Medical Examination and Vaccination Record in sealed envelope
• Copy of the principal applicant’s selection letter for the diversity visa lottery from DOS
• Copy of Adjustment of Status Notification Letter from KCC.
• Copy of the receipt from DOS for the diversity visa lottery processing fee ($330)
• Copy of University Degree (Medical Diploma) (with notarized translation) + Copy of ECMFG Certification.
• Copy of Social Security Card (front and back)


Form I-131, Application for Travel Document – This form is being co-filed with form I-485
• Form G-1145, E-Notification of Application/Petition Acceptance
• Form I-131, Application for Travel Document
• Two (2) identical color Passport-Style Photographs with full name on back
• Copy of current Passport – biographic and photograph page + page with admission stamp
• Copy of expired Passport – biographic and photograph page + J1 nonimmigrant US Visa
• Copy of Last I-94 retrieved online + unofficial travel of records retrieved online.


Form I-765, Application for Employment Authorization – This form is being co-filed with form I-485:
• Form G-1145, E-Notification of Application/Petition Acceptance
• Form I-765, Application for Employment Authorization
• Copy of current Passport – biographic and photograph page + page with admission stamp
• Copy of expired Passport – biographic and photograph page + J1 nonimmigrant US Visa
• Copy of Last I-94 retrieved online + unofficial travel of records retrieved online.
• Two (2) identical color Passport-Style Photographs with full name on back
• Copy of Social Security Card (front and back)


Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date.

Should you require further clarifications or have any question, kindly contact me at ------- or email me at -----------


Sincerely,
Dr. Europe
 
Dr. Europe said:
Thanks, yeah for someone that does not know anything about this kind of stuff nothing is obivious honestly :p

Form I485 instruction mentions "If you are filing Form I-485 as a DV applicant, you do not need to submit evidence of financial support". thus I suppose it is not necessary to file a I-864W ?

Thank you
Click to expand...

What you need, or should include with your AOS package is listed on the AOS process is spreadsheet. I suggest you go through it AGAIN.
 
Dr. Europe said:
Dear Mom,
Speaking about double-checking here is my cover-letter with all the forms ready to be filed.
I thought it was nice to share this with the community and might help people like me that seek for help in immigration matters.
I would like to point out that all of the content that I mention here was verified in the USCIS official form instructions and applies to a J1 VISA AOS. Nothing should be missing, if anything I added documents when I could have avoid that (e.g. SS card in I-765).

Please let me know if you would modify anything of the cover letter and/or of the package itself.

Thank you so much for your precious availability in this process!

------------------------------------------------------------------------------------------
Feb 17th, 2017

USCIS Chicago Lockbox
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

RE: I-485 Application for Adjustment of Status (AOS) for ------- - Diversity Visa Lottery Selectee
- Case Number: 2018EU------


To whom it may concern,

Please find enclosed Form I-485, Form I-131, Form I-765, and all relevant supporting documents. My eligibility is based on being a 2018 Diversity Visa Lottery Selectee. A copy of my selectee notification letter is included with this application.
My package is being submitted on the basis of the Diversity Visa cut off number listed on the Advanced Notification section of the March 2018 Visa Bulletin. The USCIS Policy Memorandum of August 9th, 2013 (hereby attached) supports my early filing of Form I-485.


This package includes:


Form I-485, Application to Register Permanent Residence or Adjust Status:
• USCIS Early Filing Policy Memorandum
• Form G-1145, E-Notification of Application/Petition Acceptance Copy of DV2018 Selectee Notification Letter
• Two (2) identical color Passport-Style Photographs with full name on back
• Personal check of $1,225 - Filing Fee for I-485 ($1140) and Biometrics ($85)
• Form I-485 - Application to Adjust Status.
• Copy of current Passport – biographic and photograph page + copy of page with admission stamp
• Copy of expired Passport – biographic and photograph page + copy of J1 nonimmigrant Visa
• Copy of Birth Certificate, type 1 (with notarized translation).
• Copy of Birth Certificate, type 2 (already in English).
• Copy of Last I-94 retrieved online + unofficial travel of records retrieved online.
• Copy of DS-2019 + Copy of Current Employment letter
• Form I-693 - Report of Medical Examination and Vaccination Record in sealed envelope
• Copy of the principal applicant’s selection letter for the diversity visa lottery from DOS
• Copy of Adjustment of Status Notification Letter from KCC.
• Copy of the receipt from DOS for the diversity visa lottery processing fee ($330)
• Copy of University Degree (Medical Diploma) (with notarized translation) + Copy of ECMFG Certification.
• Copy of Social Security Card (front and back)


Form I-131, Application for Travel Document – This form is being co-filed with form I-485
• Form G-1145, E-Notification of Application/Petition Acceptance
• Form I-131, Application for Travel Document
• Two (2) identical color Passport-Style Photographs with full name on back
• Copy of current Passport – biographic and photograph page + page with admission stamp
• Copy of expired Passport – biographic and photograph page + J1 nonimmigrant US Visa
• Copy of Last I-94 retrieved online + unofficial travel of records retrieved online.


Form I-765, Application for Employment Authorization – This form is being co-filed with form I-485:
• Form G-1145, E-Notification of Application/Petition Acceptance
• Form I-765, Application for Employment Authorization
• Copy of current Passport – biographic and photograph page + page with admission stamp
• Copy of expired Passport – biographic and photograph page + J1 nonimmigrant US Visa
• Copy of Last I-94 retrieved online + unofficial travel of records retrieved online.
• Two (2) identical color Passport-Style Photographs with full name on back
• Copy of Social Security Card (front and back)


Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date.

Should you require further clarifications or have any question, kindly contact me at ------- or email me at -----------


Sincerely,
Dr. Europe
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1. I should point out you’re not processing a J1 Visa AOS because your AOS petition is not J1 based, it is DV based. You are a J1 status holder processing a DV AOS petition.

2. I honestly can’t go through the entire post. If what you’ve done here is based on the guidance already provided on the AOS process spreadsheet (in addition to verifying what’s listed on the instruction forms for each petition), which includes a cover letter by the way, then you’re fine.
 
Sm1smom said:
What you need, or should include with your AOS package is listed on the AOS process is spreadsheet. I suggest you go through it AGAIN.
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Hi Mom,

Thank you for your reply. I went through the spreadsheet again.
Since there is no need to prove financial support, the only document I am planning to send in relation to that is my Employment letter (I do not even have pay stubs cause I am funded by an institution outside the US). you probably remember that I do not pay taxes in my first J1 year thus no W2 for me nor tax return transcripts. Any other form listed in the AOS spreadsheet does not apply to me.

I do not see what I am missing here of mandatory.
thanks!
 
Dr. Europe said:
Hi Mom,

Thank you for your reply. I went through the spreadsheet again.
Since there is no need to prove financial support, the only document I am planning to send in relation to that is my Employment letter (I do not even have pay stubs cause I am funded by an institution outside the US). you probably remember that I do not pay taxes in my first J1 year thus no W2 for me nor tax return transcripts. Any other form listed in the AOS spreadsheet does not apply to me.

I do not see what I am missing here of mandatory.
thanks!
Click to expand...

Alright if you believe any other thing listed document on the spreadsheet is not applicable to you.

Yes, the I-485 instruction says DV applicants do not need to send in financial support documents. However there is the underlying requirement to be able to prove one will not become a public charge upon becoming a LPR regardless of what’s stated on the instruction form. As a matter of fact, it is more common for the IO to request those on F or J visa status to present an affidavit of support, especially when their income is below the applicable poverty guideline.

Take a look at the FAQ section of the DV instructions:

38. If I receive a visa through the DV program, will the U.S. government pay for my airfare to the United States, help me find housing and employment, and/or provide healthcare or any subsidies until I am fully settled?​

No. The U.S. government will not provide any of these services to you if you receive a visa through the DV program. If you are selected to apply for a DV, you must demonstrate that you will not become a public charge in the United States before being issued a visa. This evidence may be in the form of a combination of your personal assets, an Affidavit of Support (Form I-134) submitted by a relative or friend residing in the United States, an offer of employment from an employer in the United States, or other evidence.
https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2018-Instructions-Translations/DV-2018 Instructions English.pdf
​
I’m also happy to share with you 9FAM, the instruction manual used by adjudicators on what it says regarding DV petitioners and how to overcome public charge:

3) (U) Use of Form I-134, Affidavit of Support:

(a) (U) Because INA 212(a)(4)(C) and INA 213A require the use of Form I-864 for so many classes of immigrants, the use of Form I-134, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 may be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.

(b) (U) If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:

(i) (U) Returning resident applicants (SBs);

(ii) (U) Diversity visa applicants (DVs);
https://fam.state.gov/fam/09fam/09fam030208.html

If you look at my previous post with the disclaimer, it never said anything listed on the spreadsheet is mandatory, right? I referred you to it again because you were talking about I-864 which is clearly not required for DV applicants. We listed I-134 in its place.

Anyway, if you feel there’s no need for you to present any document as evidence of you not becoming a public charge down the road, follow your instincts.
 
Hi Mom,

I am preparing my AOS package these days since my case number will be current in March. However, I just noticed that I forgot to add the employment info of my recent internship to DS-260 form before final submission. I was wondering if it is necessary to contact KCC and ask them to unlock my DS-260 to update my employment info? Please advise. Thanks a lot!
 
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