DV 2019 AOS Only

I am just coming back from the infopass. It was completely fruitless. The gentleman was completely convinced but when he talked to a supervisor, she told him that the decision has already been made and the only option is to file a i-290. I insisted on what policy memorandum said he got back to his supervisor for the second time and this time she said the current visa bulletin means the bulletin for March! (Not April). I asked to talk to her directly but the man did not let me saying it could put him in jeopardy. I think it is almost impossible to convince them to admit they have made a mistake.

I only have a question. Suppose that I re-file tomorrow. Do I have an option to find an attorney only to come with me to the interview even if I have not worked with him/her at the beginning of filing process? Or I have to hire the lawyer and put his information on I-485 if I want him to come with me to the interview?
 

Sm1smom

Super Moderator
I am just coming back from the infopass. It was completely fruitless. The gentleman was completely convinced but when he talked to a supervisor, she told him that the decision has already been made and the only option is to file a i-290. I insisted on what policy memorandum said he got back to his supervisor for the second time and this time she said the current visa bulletin means the bulletin for March! (Not April). I asked to talk to her directly but the man did not let me saying it could put him in jeopardy. I think it is almost impossible to convince them to admit they have made a mistake.

I only have a question. Suppose that I re-file tomorrow. Do I have an option to find an attorney only to come with me to the interview even if I have not worked with him/her at the beginning of filing process? Or I have to hire the lawyer and put his information on I-485 if I want him to come with me to the interview?
I’m sorry your INFOPASS wasn’t successful. The feedback you were given from the supervisor is so wrong. Unfortunately you didn’t quite follow the guidance I gave, I’m not even sure you bothered to read the link I provided you with. In one of my previous post (shown below) to you, I had suggested you go with a print out of what’s written on their website to argue your case but it seems like you tried doing so with the early filing memo (which I had suggested you use as a back up):

Print out This page from USCIS’s website that clearly says early filing is allowed and highlight this section of the print out:
Section C contains a chart showing the Diversity Immigrant category rank cut-offs for the following month, which represents the advance notification of Diversity Immigrant visa availability. As soon as a monthly Visa Bulletin is published, anyone with a lower rank number than the rank cut-off number shown in Section C is eligible to file for adjustment of status. This provides lottery winners the opportunity to file for adjustment of status up to six or seven weeks before a visa number can actually be allocated. This gives USCIS additional time to determine your eligibility for adjustment of status before the end of the fiscal year.

Also take along a copy of the Early Filing Memo as additional evidence.

Point out this section as the reason why filing a motion to reconsider will not work due to sunset factor:
Other Considerations
The adjustment of status process for diversity visa winners must be completed by September 30 of the fiscal year the lottery pertains to. Visas cannot be carried over to the next fiscal year.
Anyways, that’s all water under the bridge now. The only way forward for you is to re-file.

Of course a lawyer doesn’t have to be listed on your I-485 before he/she can attend your interview with you, and I believe I did state this before. However if you believe more comfortable hiring a lawyer for the entire process this time around, you’re free to.

All the best!
 
I’m sorry your INFOPASS wasn’t successful. The feedback you were given from the supervisor is so wrong. Unfortunately you didn’t quite follow the guidance I gave, I’m not even sure you bothered to read the link I provided you with. In one of my previous post (shown below) to you, I had suggested you go with a print out of what’s written on their website to argue your case but it seems like you tried doing so with the early filing memo (which I had suggested you use as a back up):



Anyways, that’s all water under the bridge now. The only way forward for you is to re-file.

Of course a lawyer doesn’t have to be listed on your I-485 before he/she can attend your interview with you, and I believe I did state this before. However if you believe more comfortable hiring a lawyer for the entire process this time around, you’re free to.

All the best!
No mom I printed all those (the page on USCIS website and the policy memorandum) off and brought them along. I even highlighted the paragraph you mentioned and two examples in the policy memorandum because my case was exactly similar. I even succeeded to convince the man I spoke to and I had him take all the highlighted papers to his supervisor twice but his supervisor didn’t listen to him. The only thing was I couldn’t talk to the supervisor directly.
 

Sm1smom

Super Moderator
No mom I printed all those (the page on USCIS website and the policy memorandum) off and brought them along. I even highlighted the paragraph you mentioned and two examples in the policy memorandum because my case was exactly similar. I even succeeded to convince the man I spoke to and I had him take all the highlighted papers to his supervisor twice but his supervisor didn’t listen to him. The only thing was I couldn’t talk to the supervisor directly.
Both the IO that interviewed you and the FO supervisor we’re just being jerks. Again, I empathize with your situation which happens to be another example in support of the caution on the AOS process spreadsheet and which I continue to speak of, letting people know upfront of the slight possibility of the AOS package either being rejected by the Chicago Lockbox or being denied by the FO on the basis of early filing. I honestly wish this never happens to anyone.
 
Dear Sm1smom,

As we know USCIS conducts following background check mechanisms:
- The Interagency Border Inspection System (IBIS) Name Check
- FBI fingerprint Check
- FBI Name Check

FBI fingerprint check takes 1-2 days to be completed. The IBIS name check hardly takes more than 3 weeks. Only FBI name check may take longer than expected.
I read a policy memorandum by USCIS which dates back to a few years ago saying that I-485 applications can be adjudicated conditionally if The IBIS Name Check and FBI fingerprint Name check have been approved and they have the right to detain applicant further in the process if FBI Name Check result is positive.

I am wondering if:
1- This policy is still valid for I-485 applications ?
2- Being scheduled for interview means that security checks have already been completed ?
3- How is it possible security checks for someone who has already passed hard security checks before entering to the United States takes longer than someone who is outside the united States and applies through Consular Processing?

And my last question. I have noticed from spreadsheet that processing of AOS for those people whose case numbers go current in months within the beginning of the fiscal year takes normally two to three times longer than those who go current in final months. In my opinion the USCIS FOs push for the DV-related I-485 applications to be completed before the end of fiscal year. Am I right?

Thank you for your response.
 
I went for the Biometrics and after they were finished they stamped the Biometrics appointment letter and gave it back to me. My question is am I supposed to send this letter and if so where or keep it for my record?
 

Sm1smom

Super Moderator
Dear Sm1smom,

As we know USCIS conducts following background check mechanisms:
- The Interagency Border Inspection System (IBIS) Name Check
- FBI fingerprint Check
- FBI Name Check

FBI fingerprint check takes 1-2 days to be completed. The IBIS name check hardly takes more than 3 weeks. Only FBI name check may take longer than expected.
I read a policy memorandum by USCIS which dates back to a few years ago saying that I-485 applications can be adjudicated conditionally if The IBIS Name Check and FBI fingerprint Name check have been approved and they have the right to detain applicant further in the process if FBI Name Check result is positive.

I am wondering if:
1- This policy is still valid for I-485 applications ?
2- Being scheduled for interview means that security checks have already been completed ?
3- How is it possible security checks for someone who has already passed hard security checks before entering to the United States takes longer than someone who is outside the united States and applies through Consular Processing?

And my last question. I have noticed from spreadsheet that processing of AOS for those people whose case numbers go current in months within the beginning of the fiscal year takes normally two to three times longer than those who go current in final months. In my opinion the USCIS FOs push for the DV-related I-485 applications to be completed before the end of fiscal year. Am I right?

Thank you for your response.
1. Nope, I don’t think so. There are currently family and employment based AOSers waiting several months, sometimes years, to clear their background checks. Some of these people have ended up filing writ of mandamus forcing USCIS to adjudicate their petitions.

2. Nope. Some FOs have actually scheduled and sent out IL prior to the biometric appointment being completed. Each FO operates based on their own specific workload schedule, some (those with higher workloads) prefer for the background check to clear before scheduling the interview.

3. Security checks for an immigrant process is a lot more stringent than for that conducted for a non-immigrant process. It isn’t unusual for someone who got stuck in a prolonged background checking during the LPR process to experience an equally long, if not longer delay when applying for naturalization.

4. Yes. USCIS has been making some extra effort at getting those with higher CNs to complete the process because of the sunset factor - they are aware nothing else can be done for such people once their applicable FY is over.
 
Hi Mom and dear members,

I received my green card today)))) yay, what a relief, have been waiting for this moment 5 years since coming to the US. I played DV lottery 8 times))
Mom, there are no words to describe how grateful Iam to you, for youe support, advice and most importantly awesome spreadsheet)) if I didnt find this forum a year ago, I would end up having a lawyer and who knows how the process ended. Thank you thank you Mom)) needless to say that you run this forum and answer all the questions for free. You truly help hundreds of people. I am also thankful to you that every time I was panicking you told me to keep patient

Even though, I was not approved on spot, it took two weeks for the status to be changed. Also, the officer who interviewed me seemed to have knowledge about dv lotteries as he informed me that he would need a file from KCC to make a final decision and it would take 30days.

I wish everyone to have a successful interviews and get the green cards

Congratulations and wishing you the very best.
 
Hi Mom,

I am almost done with my package and planning to submit it by the end of this week as early filing (2019AS12XXX). I have the following questions in regards to early filing:

1- I saw that some people are having problems with early filing getting denied - very sad for them! AS region is Current in July, so do you think it will I be (safer) (or will it minimize the risk of being denind) if I delay my early filing submission until early June so that at least for USCIS I am sending my package one month before my case is current, or will it make no difference if I send it now in May?

2- If I don't want to do early filing when is the ideal time to submit a normal package? i.e: is it like the last week of the month before the month of when my case becomes current?

2-Giving my case number, do you really recommend early filing? I know it is difficult for you to answer this question as you can't be accountable for answering such a question, but any recommendation or hint is really appreciated. My FO is Detroit.

Thanks
 

Sm1smom

Super Moderator
Hi Mom,

I am almost done with my package and planning to submit it by the end of this week as early filing (2019AS12XXX). I have the following questions in regards to early filing:

1- I saw that some people are having problems with early filing getting denied - very sad for them! AS region is Current in July, so do you think it will I be (safer) (or will it minimize the risk of being denind) if I delay my early filing submission until early June so that at least for USCIS I am sending my package one month before my case is current, or will it make no difference if I send it now in May?

2- If I don't want to do early filing when is the ideal time to submit a normal package? i.e: is it like the last week of the month before the month of when my case becomes current?

2-Giving my case number, do you really recommend early filing? I know it is difficult for you to answer this question as you can't be accountable for answering such a question, but any recommendation or hint is really appreciated. My FO is Detroit.

Thanks
1. Be it two months, one month, one day early - I can’t predict how your FO is likely to react to early filing. So you decide for yourself.

2. For regular filing, the earliest the package should be received is the first day of the month in which the CN becomes current - which will be July 1st in this case.

3. Sorry I don’t have a recommendation for what you should do regarding early or regular filing. You can however take a look at both current and past timeline spreadsheets for insight into how your FO treated past selectees based on when they filed and how long the process took.
 
1. Be it two months, one month, one day early - I can’t predict how your FO is likely to react to early filing. So you decide for yourself.

2. For regular filing, the earliest the package should be received is the first day of the month in which the CN becomes current - which will be July 1st in this case.

3. Sorry I don’t have a recommendation for what you should do regarding early or regular filing. You can however take a look at both current and past timeline spreadsheets for insight into how your FO treated past selectees based on when they filed and how long the process took.
Thank you Mom!
 
Hi everyone!
Crazy news! I just got my interview letter today and my interview is in...2 DAYS. On Thursday. It took 2 weeks to be delivered, which is just crazy to me to think about.
Thankfully I already have all the documents collected, and I am going to ask my previous employer to write a letter for me tomorrow about their intent of re-hiring me if I get approved.
What a rollercoaster!
 
Hello Mom and everyone,
I have some issues about my lawyer and process.
1) I’m working usa as a a2 visa. And than when I was reading forum. Than I learnt A G and nato visas must fill the I566 and I508 forms. Which is I warned the lawyer and I sent an email to him. Than my lawyer didn’t fill the I566 form. And I’m adding all document picture on attachment.
After finger print uscis sent me a letter which mean ‘’ you didn’t fill the I566’’ and send the form before ... date. And I filled that form very quickly and uscis received that form on April 29.
When I check the uscis my cases it says ‘’we will review your respond to our request and mail you our decision’’
It’s almost 1 month and my process still waiting. Also I’m waiting from uscis responding with mail.
2) do you think my background check still continue? Or are they stopping my background check process??
3) Why does it take so long? And I don't have much trust in the lawyer. Could it be something he can do? or call uscis center?

Thank you so much Mom and all friends.
Good luck for everyone
 
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Hi everyone!
Crazy news! I just got my interview letter today and my interview is in...2 DAYS. On Thursday. It took 2 weeks to be delivered, which is just crazy to me to think about.
Thankfully I already have all the documents collected, and I am going to ask my previous employer to write a letter for me tomorrow about their intent of re-hiring me if I get approved.
What a rollercoaster!
How does a job offer work for Adjustment of Status application?!
 
How does a job offer work for Adjustment of Status application?!
I don't know if it will, I'm just gonna bring it (actually two) because I simultaneously applied for OPT as well. they just really liked me and want me to work for them again. I really think it is not a necessity, but should be an indicator that I won't be a public charge? That's how I understand it. Please, correct me in case if I shouldn't do that
I just asked to Express the intent of re-hiring if green card is approved, have it signed, sealed and signed on top of the seal, like at the medical exam
 
I don't know if it will, I'm just gonna bring it (actually two) because I simultaneously applied for OPT as well. they just really liked me and want me to work for them again. I really think it is not a necessity, but should be an indicator that I won't be a public charge? That's how I understand it. Please, correct me in case if I shouldn't do that
I just asked to Express the intent of re-hiring if green card is approved, have it signed, sealed and signed on top of the seal, like at the medical exam
That's fine. But I think it won't have any effect. This is diversity visa lottery and you have already shown your eligibility that is your education.
Good luck with your interview!
 
Hi, so I was illegally worked for 3 months at Japanese restaurant because I had to pay my tuition and had no money at the moment.
They didn't pay me tips so I complained about that on their Yelp.
Now they are refused(they say bring i9 and SSN, but they already know that I don't have it.) to pay and they said they are going to report me.(they know my phone number and full name only.)
I am so upset not and don't know what to do...
I just said I don't want to get paid and just want to forget about it since it would be only less than 1k.
I am not sure if he is really going to report it or not.
I just mailed my AOS package today. my CN will be current in July.
 
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