DV 2019 AOS Only
- Thread starter Sm1smom
- Start date
Do you happen to know if that is a mandatory step or just something they do sometimes?
I am wondering as I have yet to see the new letter in my account.
(it might be that I am looking at the wrong place, but I don't see where else to look)
The page I'm on (my.uscis.gov/account/applicant) is the one that reads:
We received your case
You do not need to do anything at this time
(which conflicts with the status displayed on egov.uscis.gov btw)
Hi everyone,
I am happy that I found your forum. My visa rank became current on July. I submitted the AOS package on 7th June. I attended on biometrics appointment on 10th July. The status of my case is: "Fingerprint Review was Completed".
Do you have any idea that how long it takes to receive the EAD card and interview notice?
Is there any timeline.
I really appreciate any feedback on this post. I need the EAD card to start my job.
I am happy that I found your forum. My visa rank became current on July. I submitted the AOS package on 7th June. I attended on biometrics appointment on 10th July. The status of my case is: "Fingerprint Review was Completed".
Do you have any idea that how long it takes to receive the EAD card and interview notice?
Is there any timeline.
I really appreciate any feedback on this post. I need the EAD card to start my job.
Hi all,
Today I attended my interview for AoS based on being a 2019 DV Lottery selectee.
Everything was perfect until the very end. I had every document ready, I answered every yes/no question with a NO, I had all the originals, copies, certified translations, all...
Then, after passing all the interview -I would have said at that moment, like PERFECT-, the officer told me she would deny my case because of the early filing date.
My cut-off number was announced on the October 2018 Visa Bulletin (published on September 2018), and my number was in announced in that bulletin as an advance number for the November 2018 bulletin. I had already everything prepared and submitted everything as soon as the bulletin announced my advanced number for November 2018 (again, the October bulletin was published on September, as usual), and USCIS received my package in September 20.
The officer told me it should have been submitted on or after October 1st.
When I mailed everything, I acted according to this memo:
August 9, 2013
Policy Memorandum
Acceptance of Diversity Visa-Related I-485 Applications During the Advance Notification Period Reflected in the Visa Bulletin
(I can't copy the URL, you can find the memo in google by typing "USCIS policy memo august 9 2013.)
That memorandum states:
"The “Receive Date” of the adjustment application (the date the application is received at the Lockbox) will dictate whether the application has been timely filed. As soon as a Visa Bulletin is published with advance notification of DV visa availability, then an individual with a rank cut-off number that is lower than that specified in the advance notification section may file for adjustment and the application will be considered as timely filed."
"For example, in the November 2012 Visa Bulletin, the advance notification DV rank cut-off number for Europe in December 2012 is listed as being 9,250. Therefore, immediately upon release of the November 2012 Visa Bulletin (i.e., on or about October 9, 2012), any person who could be charged to Europe who had a rank cut-off number below 9,250 was eligible to file an application for adjustment of status, even though the adjustment application could not be adjudicated to completion prior to December 1, 2012."
"In addition, an ISO must review the current month’s Visa Bulletin at the time of final adjudication to confirm that the applicant’s DV visa rank cut-off number is lower than that specified in that month’s Visa Bulletin (not the advance notification section), and if so, will request allocation of a visa number through IVAMSWEB."
I tried to explain this to the officer, and confirmed her that my number was lower than the specified in the actual November bulletin, not in the advance section of the October's one, but she invited me to review the filing procedure again. She handed me a notice that my case would be "held", and advanced me not to be surprise when I will receive the final decision as "denied" in my mail box.
What happened here? Did I do something wrong? Is that memo out of effect? I think I did the appropiate filing, on time, "immediately upon release of the October 2018 Visa Bulletin" (which was published in September 2018).
What are my options now? There are only 2 months left... will I have enough time to get my GC before September 30? Some people is telling me to apeal (which cost around $675? and may took years...), other people is telling me to restart all the process, and submit everything again (including payment checks, biometrics, do a new medical check...).
I am very surprised and lost.
Thanks in advance. Any help is more than welcome.
Today I attended my interview for AoS based on being a 2019 DV Lottery selectee.
Everything was perfect until the very end. I had every document ready, I answered every yes/no question with a NO, I had all the originals, copies, certified translations, all...
Then, after passing all the interview -I would have said at that moment, like PERFECT-, the officer told me she would deny my case because of the early filing date.
My cut-off number was announced on the October 2018 Visa Bulletin (published on September 2018), and my number was in announced in that bulletin as an advance number for the November 2018 bulletin. I had already everything prepared and submitted everything as soon as the bulletin announced my advanced number for November 2018 (again, the October bulletin was published on September, as usual), and USCIS received my package in September 20.
The officer told me it should have been submitted on or after October 1st.
When I mailed everything, I acted according to this memo:
August 9, 2013
Policy Memorandum
Acceptance of Diversity Visa-Related I-485 Applications During the Advance Notification Period Reflected in the Visa Bulletin
(I can't copy the URL, you can find the memo in google by typing "USCIS policy memo august 9 2013.)
That memorandum states:
"The “Receive Date” of the adjustment application (the date the application is received at the Lockbox) will dictate whether the application has been timely filed. As soon as a Visa Bulletin is published with advance notification of DV visa availability, then an individual with a rank cut-off number that is lower than that specified in the advance notification section may file for adjustment and the application will be considered as timely filed."
"For example, in the November 2012 Visa Bulletin, the advance notification DV rank cut-off number for Europe in December 2012 is listed as being 9,250. Therefore, immediately upon release of the November 2012 Visa Bulletin (i.e., on or about October 9, 2012), any person who could be charged to Europe who had a rank cut-off number below 9,250 was eligible to file an application for adjustment of status, even though the adjustment application could not be adjudicated to completion prior to December 1, 2012."
"In addition, an ISO must review the current month’s Visa Bulletin at the time of final adjudication to confirm that the applicant’s DV visa rank cut-off number is lower than that specified in that month’s Visa Bulletin (not the advance notification section), and if so, will request allocation of a visa number through IVAMSWEB."
I tried to explain this to the officer, and confirmed her that my number was lower than the specified in the actual November bulletin, not in the advance section of the October's one, but she invited me to review the filing procedure again. She handed me a notice that my case would be "held", and advanced me not to be surprise when I will receive the final decision as "denied" in my mail box.
What happened here? Did I do something wrong? Is that memo out of effect? I think I did the appropiate filing, on time, "immediately upon release of the October 2018 Visa Bulletin" (which was published in September 2018).
What are my options now? There are only 2 months left... will I have enough time to get my GC before September 30? Some people is telling me to apeal (which cost around $675? and may took years...), other people is telling me to restart all the process, and submit everything again (including payment checks, biometrics, do a new medical check...).
I am very surprised and lost.
Thanks in advance. Any help is more than welcome.
Grug
Member
Sorry to hear you had that unfortunate surprise at the end of the interview. Unfortunately this has happened before, some FOs are really strict on what your IO said (“on or after October 1st”). If you get a denial, you may resubmit your AoS file as soon as you receive the denial letter(assuming your status won’t require a long background check and processing), other members and moderators here will advise on what documents need to be resubmitted; and hopefully you’ll be able to get another interview before the FY deadline. What’s your status and FO location?(I don’t see you on the timeline sheet).
Thanks, Grug...
My FO is New York, and I've been working legally here in NY since 2015. My current Visa will expire early in 2020, so, probably, I would have to leave the country if I don't get the GC now...
So how this process work? Do I still have any option to be "approved"? Will the IO send my "denied" file to a supervisor or someone of a higher rank in the FO to double-check the reason of denial...?
When I'll receive the "final decision"? Should I make an appointment with a doctor to get a new medical check...? pay all the amounts again...? do the biometrics...? wait for a new interview appointment...? Do all the process again, but express, in only 2 months...? ...or should I appeal...? How the appealing works? Is it possible to get everything done in 2 months? I was waiting several months for the today's interview...
Sorry for all the questions... This is so unfortunate to me
My FO is New York, and I've been working legally here in NY since 2015. My current Visa will expire early in 2020, so, probably, I would have to leave the country if I don't get the GC now...
So how this process work? Do I still have any option to be "approved"? Will the IO send my "denied" file to a supervisor or someone of a higher rank in the FO to double-check the reason of denial...?
When I'll receive the "final decision"? Should I make an appointment with a doctor to get a new medical check...? pay all the amounts again...? do the biometrics...? wait for a new interview appointment...? Do all the process again, but express, in only 2 months...? ...or should I appeal...? How the appealing works? Is it possible to get everything done in 2 months? I was waiting several months for the today's interview...
Sorry for all the questions... This is so unfortunate to me
SusieQQQ
Well-Known Member
There should be a tab called “documents” that has the letters sent.
SusieQQQ
Well-Known Member
Current EAD processing is usually 4-6 months, you’d usually be unlikely to receive it before completing AOS in a DV case,
Thanks for your reply. Do you have an estimation to receive the interview notice?
My cut off number was available on July. Would I be able to complete the process since there is just two more months to the end of the fiscal year. Thank you in advance.
SusieQQQ
Well-Known Member
Did you see if anyone at your FO has completed their timelines on the spreadsheet?
Generally it should be enough time, but keep on top of it.
I'm new here. Where can I find the spreadsheet?
I believe that I've found the spreadsheet. Thank you
I can see no such tab (searched everywhere I could, not much options to begin with), it may be hidden until it contains something :/
SusieQQQ
Well-Known Member
Mine has 3 tabs, case status (the default that comes up when I log in), case history, and documents.
Grug
Member
Thanks, Grug...
My FO is New York, and I've been working legally here in NY since 2015. My current Visa will expire early in 2020, so, probably, I would have to leave the country if I don't get the GC now...
So how this process work? Do I still have any option to be "approved"? Will the IO send my "denied" file to a supervisor or someone of a higher rank in the FO to double-check the reason of denial...?
When I'll receive the "final decision"? Should I make an appointment with a doctor to get a new medical check...? pay all the amounts again...? do the biometrics...? wait for a new interview appointment...? Do all the process again, but express, in only 2 months...? ...or should I appeal...? How the appealing works? Is it possible to get everything done in 2 months? I was waiting several months for the today's interview...
Sorry for all the questions... This is so unfortunate to me
You didn’t answer the question about your visa(which visa/status?are you on?) also, some countries and occupations are subject to longer background checks (what country are you from?) Only time will tell if you’ll receive a denial or not, as the IO said “don’t be surprised you receive a denial”(probably because the supervisor has the final word), so it’s a 50/50 shot, either denial or approval. You’ll just have to wait and see.
About your resubmission/or appeal, others on this forum may advise more precisely on the process, I don’t know what changes need to be done on the list of documents and fees before resubmission. One forum member who had an unfair experience with an unprofessional and biased IO @ the Kansas City, MO FO resubmitted their file after a similar denial(early filing used as a pretext to deny the application because they’re from Iran ; differently from your case where your IO raised their concern and the possibility of denial fairly at the end of the interview). Look up that member’s posts on this thread, and see what advice they were given for resubmission of their AoS file, that should give you an idea of what items in your AoS file need resubmission.
Sm1smom
Super Moderator
Did the caller leave their name?
Contact USCIS, request to speak with a Tier 2 officer and explain the call you got. Ask the Tier 2 officer if they’re able to see the missing in your case file. Request an INFOPASS appointment to enable you submit the missing document in person.
If the missing document turns out to be the medical exam, reach out to your CS to see if they can issue a copy of your previous medical exam. If it gets issued, be aware of the possibility of IO rejecting that copy though as it could be considered no longer valid. So you (your husband) may have to redo the exam after all.
Sm1smom
Super Moderator
1. The cancellation message could possibly be a technical glitch due resulting from the recent system maintenance.
2. Still plan on attending unless you receive a cancellation notice in the mail. Meanwhile, contact USCIS 1800 number to see what they have to say.
3. Yes, it is not unusual for the FO to cancel and reschedule interview appointments without a cancellation request being made by the petitioner. But I don’t recall that happening to a DV based AOS petition though.
4. The interview gets rescheduled eventually after several months of waiting.
Sm1smom
Super Moderator
Don’t read any meaning to the message. Check the timeline spreadsheets for other cases processed by your FO to get an idea of how long it typically takes to get the IL after the bio.