Sm1smom
Super Moderator
EAD typically takes 4 to 6 months. Check the timeline spreadsheets to get an idea of your FO’s average processing time.
DV 2019 AOS Only
- Thread starter Sm1smom
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EAD typically takes 4 to 6 months. Check the timeline spreadsheets to get an idea of your FO’s average processing time.
Sm1smom
Super Moderator
This is unfortunate, I wish you had found this forum before you sent in your AOS package back in September. This is exactly why I always discourage selectees whose CN becomes current in Oct or Nov in particular to not rely take advantage of early filing as you don’t want your package to be received by USCIS before your FY starts - this is what happened in your case. Your IO was trying to tell you your FY starts on October 1st, she would have been more understanding of your early filing attempt if your package was received on Oct. 1st or after.
You can’t do anything now until a formal decision has been made on your case. You can’t file an appeal nor re-file because the case is still alive. Until then, all you can do is wait and hope she changes her mind and approves the case.
Sm1smom
Super Moderator
Review the timeline spreadsheets to see if your case is currently behind the processing time reported for your FO - then you can begin to think of applicable steps for following up on your case.
Dear Mom,
Today I talked to Tier 2 officer. She told me that my interview was cancelled because of my request. I told her that I never requested for cancellation of my interview. Even I told her that my spouse's interview is also cancelled. Then she told me that sometimes field office do that. Her answer is not very clear enough to explain the cause of cancellation. She also mentions that she has sent the service request to the field office and then the field office will respond me within 15-30 business days which will delay my case so far. I am just worried that it might cross the September 30th deadline. Also, when I asked her if I can attend the interview on July 22nd, she says that we may not be interviewed as the field officer can see that our interview is cancelled. When I asked her for infopass so that I can talk about this in my field office, she says she does not provide infopass for such things.
Now my questions are:
1. What are the options for me that you see?
2. Should I call to the customer service again to talk to another tier 2 officer for info pass?
3. If we don't receive any letter in the mail regarding the reason of cancellation, we plan to attend the interview on July 22nd with the IL that we received. What will be the chance that we will be interviewed?
4. Should I ask them the evidence that I have ever requested for the cancellation of interview? It is so crazy when they say that I have requested for interview cancellation.
Please help. I am really very much upset.
PS: Thanks a lot for your immense help and will be always grateful for your help.
Today I talked to Tier 2 officer. She told me that my interview was cancelled because of my request. I told her that I never requested for cancellation of my interview. Even I told her that my spouse's interview is also cancelled. Then she told me that sometimes field office do that. Her answer is not very clear enough to explain the cause of cancellation. She also mentions that she has sent the service request to the field office and then the field office will respond me within 15-30 business days which will delay my case so far. I am just worried that it might cross the September 30th deadline. Also, when I asked her if I can attend the interview on July 22nd, she says that we may not be interviewed as the field officer can see that our interview is cancelled. When I asked her for infopass so that I can talk about this in my field office, she says she does not provide infopass for such things.
Now my questions are:
1. What are the options for me that you see?
2. Should I call to the customer service again to talk to another tier 2 officer for info pass?
3. If we don't receive any letter in the mail regarding the reason of cancellation, we plan to attend the interview on July 22nd with the IL that we received. What will be the chance that we will be interviewed?
4. Should I ask them the evidence that I have ever requested for the cancellation of interview? It is so crazy when they say that I have requested for interview cancellation.
Please help. I am really very much upset.
PS: Thanks a lot for your immense help and will be always grateful for your help.
Britsimon
Super Moderator
I agree with Mom's comment above that we always recommend people DO NOT file prior to October 1. It's a silly risk to take when you have a Full year in hand anyway by filing on October 1.
However, I have an alternative suggestion on how to handle it at this point. Now let me say - MOM, is the AOS expert here. I am not. However, I would try to get the officer to change their mind BEFORE they send out the notice. It's also a pity you did not prepare for this prior to the interview because that is your best chance to argue your case. But assuming this happened in the last few days, and assuming you can contact the FO, I would draw their attention to the part of the memorandum that you seem to have overlooked. The memo SPECIFICALLY addresses the case of filing before the start of the year. As I said, I am NOT suggesting anyone does this - but since you have you should argue the facts to try and avoid the turnaround delays for the denial, refiling and so on. It's worth a shot in my opinion.
The part of the memo you are missing is this:
"On the other hand, these guidelines do apply to adjustment applications that are filed on the basis of advance notification in the prior year’s September Visa Bulletin for the next fiscal year’s DV numbers. For example, the September 2013 Visa Bulletin will contain advance notification of FY 2014 DV rank cut-off numbers for October 2013. Persons having a rank cutoff number below that listed in the advance notification will be eligible to file their FY 2014 DV application immediately upon publication of the September 2013 Visa Bulletin (i.e., on or about August 9, 2013). In all cases, the ISO must review"
The memo is saying it is OK to file as much as 5 or 6 weeks before you did. It is crystal clear. Try and use that to avoid the denial to save yourself some time. The IOs hate to be corrected and may argue their position simply to avoid being contradicted, so go carefully with how you argue it. Play the sympathy card, not aggression.
Best of luck, and I hope Mom doesn't tell me off for my dissenting opinion.
Hi, I am new here. I have just one question concerning DS-260. What shall be written under the following point of Have you ever served in the military?
A person was a citizen of one country and served in the army of the country of his citizenship, but he passed military service in the territory of other country.
Shall we chose the name of the state of his citizenship army or the territory, where he passed the service ?
Thank you in advance.
A person was a citizen of one country and served in the army of the country of his citizenship, but he passed military service in the territory of other country.
Shall we chose the name of the state of his citizenship army or the territory, where he passed the service ?
Thank you in advance.
Sm1smom
Super Moderator
1. I suggest you still plan on attending your scheduled appointment. You can also reach out to your Congress person now and request their assistance in getting a message across to your FO letting them know you never requested any cancellation.
2. Yes, do that also.
3. Either you get interviewed or you don’t.
4. You can ask, I doubt if you’ll get one.
Sm1smom
Super Moderator
I agree with Mom's comment above that we always recommend people DO NOT file prior to October 1. It's a silly risk to take when you have a Full year in hand anyway by filing on October 1.
However, I have an alternative suggestion on how to handle it at this point. Now let me say - MOM, is the AOS expert here. I am not. However, I would try to get the officer to change their mind BEFORE they send out the notice. It's also a pity you did not prepare for this prior to the interview because that is your best chance to argue your case. But assuming this happened in the last few days, and assuming you can contact the FO, I would draw their attention to the part of the memorandum that you seem to have overlooked. The memo SPECIFICALLY addresses the case of filing before the start of the year. As I said, I am NOT suggesting anyone does this - but since you have you should argue the facts to try and avoid the turnaround delays for the denial, refiling and so on. It's worth a shot in my opinion.
The part of the memo you are missing is this:
"On the other hand, these guidelines do apply to adjustment applications that are filed on the basis of advance notification in the prior year’s September Visa Bulletin for the next fiscal year’s DV numbers. For example, the September 2013 Visa Bulletin will contain advance notification of FY 2014 DV rank cut-off numbers for October 2013. Persons having a rank cutoff number below that listed in the advance notification will be eligible to file their FY 2014 DV application immediately upon publication of the September 2013 Visa Bulletin (i.e., on or about August 9, 2013). In all cases, the ISO must review"
The memo is saying it is OK to file as much as 5 or 6 weeks before you did. It is crystal clear. Try and use that to avoid the denial to save yourself some time. The IOs hate to be corrected and may argue their position simply to avoid being contradicted, so go carefully with how you argue it. Play the sympathy card, not aggression.
Best of luck, and I hope Mom doesn't tell me off for my dissenting opinion.
SIMON!
Just because I have the honor of answering to the mom title doesn’t mean I know it all - but then we all know parents can sometimes act in that manner especially when their kids keep saying “but why”, “why”, “why” and they end up replying “just because I say so” On a more serious note, I encourage the OP to give your suggestion a shot, IF they’re able to get back into their FO of course. I however wouldn’t be surprised if the IO responds by saying the early filing memo is no longer applicable considering that memo was issued in 2013.
Since we haven’t come across a more recent memo, in the past two years, my recommendation for anyone wishing to take advantage of early filing has been for them to print out USCIS Diversity Lottery page and highlight the section that addresses early filing:
“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.”
That page gets refreshed more often (last updated Jan. 2018) - more recent than the 2013 memo. They can still hold on to the memo of course as another backup document to proof their point.
Sm1smom
Super Moderator
1. Are you a DV 2019 selectee and are you processing AOS?
fozlong
New Member
My FO is San Antonio and there's only one instance in the spreadsheet for the San Antonio FO. For that person it says interview date / bio date was 68 days, if we go by that, it would mean my interview would be around September 17th which is very close to the cut off date.
Dear Mom,
Thank you for your encouraging tips. I will definitely attend the interview on the scheduled date. Furthermore, I will call the congressman today and tell them about my case.
1. How long do they typically take to deal with the field office? I hope they deal with my field office before the date of scheduled interview which is not very far away.
Best regards,
Prasin
Thank you for your encouraging tips. I will definitely attend the interview on the scheduled date. Furthermore, I will call the congressman today and tell them about my case.
1. How long do they typically take to deal with the field office? I hope they deal with my field office before the date of scheduled interview which is not very far away.
Best regards,
Prasin
FOs are aware of the deadline. Have a look at the previous year's timeline. The FOs that would typically take all year still manage to process those who are current later. If a previous case only took 60 days and you have an easy background check then I'd say you have a good shot.
@Prasin
Tier one officers can schedule info pass callbacks without much hassle. I think the only way to get them booked is by talking to the people who call you back.
When you get your call, maintain that you require an infopass due to USCIS error and that the lottery is time sensitive.
There was a someone on the thread a while back who got one after an error on their end.
Tier one officers can schedule info pass callbacks without much hassle. I think the only way to get them booked is by talking to the people who call you back.
When you get your call, maintain that you require an infopass due to USCIS error and that the lottery is time sensitive.
There was a someone on the thread a while back who got one after an error on their end.
That is not the correct URL. I also made the same mistake. Please sign up in this page egov.uscis.gov/casestatus/landing.do and when you created user login you can add your case and track it.
Thank you very much for all your advice and support.
Seemingly, I did everything correct and this is a "basic mistake" of my IO?
Since the memo is correct, and as you said, it's "crystal clear"... I believe I am technically 100% correct with my early filing, and with all the protocol and applicable laws and procedures for my AoS based on the DV Program 2019, correct?
On the other hand, I have been advised to file asap a "WRIT OF MANDAMUS"`, with the support of an experienced attorney. Apparently, this is something possible to do at this moment, without having to wait for the "final decision" on my case, since the time is flying and Sept 30 is almost there.
Problem is, this "writ of mandamus" would cost me around ~$ 4,000, including taxes and all.
Thoughts?
Thanks, again.
Seemingly, I did everything correct and this is a "basic mistake" of my IO?
Since the memo is correct, and as you said, it's "crystal clear"... I believe I am technically 100% correct with my early filing, and with all the protocol and applicable laws and procedures for my AoS based on the DV Program 2019, correct?
On the other hand, I have been advised to file asap a "WRIT OF MANDAMUS"`, with the support of an experienced attorney. Apparently, this is something possible to do at this moment, without having to wait for the "final decision" on my case, since the time is flying and Sept 30 is almost there.
Problem is, this "writ of mandamus" would cost me around ~$ 4,000, including taxes and all.
Thoughts?
Thanks, again.
Hello Mom and all,
Today I talked to Tier 2 officer trying to attempt for info pass for my case (please see the previous post), he was so knowledgeable and prudent in such case. He told me that interviews are scheduled by two ways:
1. Field office (FO) sends the official IL to the applicant.
2. Incase FO does not send the IL, then the online system (my.uscis.gov or egov.uscis.gov) generates the IL for the applicant.
In my case, since FO has already sent the IL, so online system generates the automatic email of interview cancelled so that it can prevent the scheduling of second lL for the same applicant who is already scheduled.
The officer assures me to go to the interview on the scheduled date. Thank you Mom and Damo for your precious suggestions.
Today I talked to Tier 2 officer trying to attempt for info pass for my case (please see the previous post), he was so knowledgeable and prudent in such case. He told me that interviews are scheduled by two ways:
1. Field office (FO) sends the official IL to the applicant.
2. Incase FO does not send the IL, then the online system (my.uscis.gov or egov.uscis.gov) generates the IL for the applicant.
In my case, since FO has already sent the IL, so online system generates the automatic email of interview cancelled so that it can prevent the scheduling of second lL for the same applicant who is already scheduled.
The officer assures me to go to the interview on the scheduled date. Thank you Mom and Damo for your precious suggestions.
Sm1smom
Super Moderator
There’s no noted timeframe. Each Congress person’s office operates according to their own schedule. So could be days, could be weeks.
Sm1smom
Super Moderator
Whoever suggested filing a WOM at this stage doesn’t know what they’re talking about IMHO because:
- WOM cannot force USCIS to revert an adverse decision
- WOM is typically filed when a case adjudication is outside what is considered an acceptable
- WOM takes a while to go through the system
- And like you’ve already discovered, filing a WOM is super expensive. You’ll basically be contributing to the next vehicle whichever attorney you chose to go is planning on buying.
Oh, thank you
This gives me more informations, I still don't see the 3 tabs Susie was talking about though.
(I can see the case status, case history and next steps)
Is it possible that it is on yet another website?