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DV 2019 AOS Only

1. You can write it down by pen in your paper copy. Another trick is to open the file on a mac system! it allows you to enter letters there! (I don't know why but you can try and see).

2. Yes, but I would fill it out in a normal way. The way you actually fill out any other forms.
Okay, thanks!
 
Hi there!

I hope you can shed some light about my case...

I am an european legally living and working in the US since 2014 thanks to my current visa, which will expire in May 2020.

In May 2018 I won the DV Program 2019. Lucky me. I decided to file my AOS with USCIS without leaving the US. I have not travelled outside the US since 2017.

I hired an experienced inmigration lawyer to help me and guide me through the process. She is nice. I received excellent first-hand references from close friends of her work, and she's doing a great job for a fair amount.

I filed the DS-260, I-485 (AoS) and I-131 (Advance Parole). I paid all the fees, passed the medical exam, everything... My number was up in the visa bulletin in september 2018 and I filed everything then. We took exceptional care of everything. We include a front page in the package remarking that my case should be expedited because of the DV Program deadline by September 30, 2019.

I received every receipt in my mailbox. I got an appointment for the biometrics and passed it in october 2018. Everything was correct.

I have not received any news since then (+6 months ago).

In March 2019 I changed my address and submitted the address change within the first 10 first days. We filed 2 submissions, one for the I-485 and other one for the I-131.

The I-131 is already out of normal processing time and we already requested an inquiry to USCIS. We also called USCIS several times. No news.

Two weeks ago I contacted my congresswoman office, and requested their help to intercede and check the status of my case with USCIS and the National Benefits Center, which is in charge of my case.

Now, April 2019, we still have no updates regarding my case.

What should I do...? Just keep waiting...? Is this normal procedure...? I see september is coming "soon" and I am starting to be concerned and nervous. I did miss xmas holidays in my home country and are worries about the Green Card, my case status, the september deadline approaching, the summer... and I have still to receive the interview appointment, pass it, and then finally would receive the Green Card... what's going on? Anyone on a similar situation...?

Thanks in advance. Your help is appreciated.

Do you mean that the visa bulletin indicated that you were current in October but you took advantage of the early filing memo?

You can't be current in September 2018 for DV 2019. Hopefully that's a misunderstanding on your end, otherwise your immigration lawyer is not as experienced as you thought.

Where is your field office? How do present timelines match your own? Have you personally cross checked your number with the visa bulletin to make sure that you were eligible to send it in in September?
 

Thank you for your quick answer.

Is your current (new address) under the same FO jurisdiction as your previous address when your AOS petition was submitted?

I'm based in New York. My previous address was in Queens, so I guess my FO was the one in Queens. Since March 1st I'm living in Manhattan, so I guess my new FO is the one in Manhattan.


Have you gone on an INFOPASS appointment to follow up in person with your FO?

1554992006470.png


What was the response from your congressional inquiry?

Dear Mr. XXX,

Thank you so much for your email. The office of Congresswoman XXX is verifying the status of your case with the NBC, once I hear back I will be in touch with you.

Best.
 

Thank you for your help & interest!

Do you mean that the visa bulletin indicated that you were current in October but you took advantage of the early filing memo? You can't be current in September 2018 for DV 2019. Hopefully that's a misunderstanding on your end, otherwise your immigration lawyer is not as experienced as you thought.

Yes. I was current in October but early filed in September.

Where is your field office? How do present timelines match your own? Have you personally cross checked your number with the visa bulletin to make sure that you were eligible to send it in in September?

New York: previously I lived in Queens & now I'm based in Manhattan.

I'm already out of normal processing time for the Advance Parole (I-131). I do not know where to find the processing time for the AOS based on DV Program. The excel file at the beggining of this thread shows some New York cases and all of them had the interviews 1-3 months after Biometrics. I am waiting since October 2018 (+6 months). When I submitted my change of address was already +5 months waiting (that happened last month March 2019).

I personally checked my number with the Visa bulletin and made sure I was eligible to submit everything in September.
 
Thank you for your quick answer.

Is your current (new address) under the same FO jurisdiction as your previous address when your AOS petition was submitted?

I'm based in New York. My previous address was in Queens, so I guess my FO was the one in Queens. Since March 1st I'm living in Manhattan, so I guess my new FO is the one in Manhattan.


Have you gone on an INFOPASS appointment to follow up in person with your FO?

View attachment 1035


What was the response from your congressional inquiry?

Dear Mr. XXX,

Thank you so much for your email. The office of Congresswoman XXX is verifying the status of your case with the NBC, once I hear back I will be in touch with you.

Best.

If your current address falls under the jurisdiction of a new FO different front that which was previous address was under, that will create additional delay. Your lawyer should have told you about that. It means your petition has to be transferred to the new FO with jurisdiction over your new address - an added layer of delay that’s often best to avoid as much as possible.

You should follow up with the congressional persons office if it’s been up to two weeks since they sent you that response. It typically doesn’t take that long for USCIS to respond to them.

If there’s no update regarding your interview by the end of this month, contact the Ombudsman’s office for case follow up assistance.
 
I'm already out of normal processing time for the Advance Parole (I-131). I do not know where to find the processing time for the AOS based on DV Program. The excel file at the beggining of this thread shows some New York cases and all of them had the interviews 1-3 months after Biometrics. I am waiting since October 2018 (+6 months). When I submitted my change of address was already +5 months waiting (that happened last month March 2019).

I personally checked my number with the Visa bulletin and made sure I was eligible to submit everything in September.

USCIS does not have a separate online processing time for DV based AOS petitions. The only place you’ll find that information are on the Timeline spreadsheets we maintain here specifically for that purpose.

What is your current visa status? Have you travelled to a country under the executive travel ban or one of the countries designated as “state sponsors of terrorism” before? What’s your line of study or work? Does it fall within the realm of the TAL? These are some of the things that may be contributing to the delay you’re experiencing.
 
Thank you so much, Sm1smom!

My lawyer informed me that there could be additional delay, but the change of address was something inevitable. However, the change of address took place already +5 months since the day I passed the biometrics without having any news.

My service center has been always the National Benefits Center. I'm not sure about the Field Office since in New York City they have 3 (placed in Manhattan, Queens and Brooklyn), but all 3 are working as a single one -at least according to USCIS infopass website- and both zipcodes (my previous one and my current one) are referring me to the same FO.

I called my (new) congresswoman's office about 2 weeks ago. The next day, I submitted them a privacy release form, and one week later (last week) went personally with an appointment. I met there with the team, explained everything and provided all kind of supporting documents, evidences, receipts and information at hand. They told they would be working on it and would let me know something shortly. As of Yesterday, I emailed them for an update, and that was their answer (-no news-).

I will contact the Ombudsman's office (or the senator first?) -thank you.

I can't explain why this is taking so long and believe this is not normal procedure. I dont know what else I have to do, thats why I found this forum and decided to post my story...

THANKS!
 
USCIS does not have a separate online processing time for DV based AOS petitions. The only place you’ll find that information are on the Timeline spreadsheets we maintain here specifically for that purpose.

I know... and according to your spreadsheet (thank you for that!), all NY interviews took place 1 to 3 months after Biometrics... but I was already waiting +5 months before I changed my address, and now I'm +6 months waiting...


What is your current visa status? Have you travelled to a country...

I hold an A visa which will expire on May 2020, and am working as a locally employed administrative for my homecountry government. I have not travelled out of the US since xmas 2017. In fact, I've been in NYC all the time, except a short trip to the west coast in the summer of 2018. I do not know anything regarding the TAL, but I think it does not affect my status...
 
Oh, and I never travelled (in my whole life) to any country as the ones you suggest. I only travelled around safe European countries, US and Canada...
 
Thank you so much, Sm1smom!

My lawyer informed me that there could be additional delay, but the change of address was something inevitable. However, the change of address took place already +5 months since the day I passed the biometrics without having any news.

My service center has been always the National Benefits Center. I'm not sure about the Field Office since in New York City they have 3 (placed in Manhattan, Queens and Brooklyn), but all 3 are working as a single one -at least according to USCIS infopass website- and both zipcodes (my previous one and my current one) are referring me to the same FO.

I called my (new) congresswoman's office about 2 weeks ago. The next day, I submitted them a privacy release form, and one week later (last week) went personally with an appointment. I met there with the team, explained everything and provided all kind of supporting documents, evidences, receipts and information at hand. They told they would be working on it and would let me know something shortly. As of Yesterday, I emailed them for an update, and that was their answer (-no news-).

I will contact the Ombudsman's office (or the senator first?) -thank you.

I can't explain why this is taking so long and believe this is not normal procedure. I dont know what else I have to do, thats why I found this forum and decided to post my story...

THANKS!

If your Congress person is new, it may kind of explain the slow pace of progress. Yes do reach out to your Senate person first in that case before escalating to the Ombudsman level.

I know about the NBC operation, it is the same for all DV based AOSers regardless of each one’s FO, it’s not the issue and no need to bring them up. So your change of address has been ruled out in this case since both still fall under the jurisdiction of the same FO.

By the way, there’s no such thing as passing the biometric if your background check hasn’t cleared which may be responsible for the delayed interview. I noticed you’ve written about passing your biometric - all you did was attend the biometric appointment. Unless you’ve been told your background check has cleared, you have no way of knowing if you “passed the biometric” or not.

p.s. quote the specific post you’re responding to, it makes it easier to follow up on the conversation/discussion taking place. Don’t just copy/paste. Quoting links posts together.
 
USCIS does not have a separate online processing time for DV based AOS petitions. The only place you’ll find that information are on the Timeline spreadsheets we maintain here specifically for that purpose.

I know... and according to your spreadsheet (thank you for that!), all NY interviews took place 1 to 3 months after Biometrics... but I was already waiting +5 months before I changed my address, and now I'm +6 months waiting...


What is your current visa status? Have you travelled to a country...

I hold an A visa which will expire on May 2020, and am working as a locally employed administrative for my homecountry government. I have not travelled out of the US since xmas 2017. In fact, I've been in NYC all the time, except a short trip to the west coast in the summer of 2018. I do not know anything regarding the TAL, but I think it does not affect my status...

It seems like the delay you’re experiencing has to do with a pending background check completion.

The travel history I was asking about goes way beyond when you last left the US, back to way before you ever came to the US. That’s as far back as the background can involve.

Regarding TAL, go through the link I provided to verify your study/work is not related to what is listed there, your response does not indicate you actually checked the link.
 
USCIS does not have a separate online processing time for DV based AOS petitions. The only place you’ll find that information are on the Timeline spreadsheets we maintain here specifically for that purpose.

I know... and according to your spreadsheet (thank you for that!), all NY interviews took place 1 to 3 months after Biometrics... but I was already waiting +5 months before I changed my address, and now I'm +6 months waiting...


What is your current visa status? Have you travelled to a country...

I hold an A visa which will expire on May 2020, and am working as a locally employed administrative for my homecountry government. I have not travelled out of the US since xmas 2017. In fact, I've been in NYC all the time, except a short trip to the west coast in the summer of 2018. I do not know anything regarding the TAL, but I think it does not affect my status...

If you look at the previous years timelines, NY is well-known for stacking the petition together, and do everything at the end of fiscal year. The earlier you file, the longer you will wait for interview. Unfortunately, it's not something that a lot of people are aware of.
That's why I moved to NJ from NY, and filed my petition.


My full experience is page-77#post-2489963 (don't know why I can't post the hyperlink)
 
I was current in January (submitted all the paperwork back in Nov) and I did my biometrics mid December. I am in Los Angeles (from Australia) and I still have not been given an interview date. On the timelines another person in Los Angeles was current in January has received their interview letter and someone who was current in Feburary in Los Angeles has received their interview letter. I have contacted my local congressional representative and they have been of no help.

I'm really not sure what else to do. Very worried as my E3 visa expires May 29th.
 
I was current in January (submitted all the paperwork back in Nov) and I did my biometrics mid December. I am in Los Angeles (from Australia) and I still have not been given an interview date. On the timelines another person in Los Angeles was current in January has received their interview letter and someone who was current in Feburary in Los Angeles has received their interview letter. I have contacted my local congressional representative and they have been of no help.

I'm really not sure what else to do. Very worried as my E3 visa expires May 29th.

Did you contact your congressman/woman like I recommended back in early March? What was the outcome?
 
Did you contact your congressman/woman like I recommended back in early March? What was the outcome?
Yes, I did right away. They contacted USCIS and were told on March 19:

“We apologize for the delay in responding to your letter. Your correspondence is important to us, and we are working to respond to your inquiry as promptly as possible. In APPLICANT’s case, additional research time is required in order to provide you with complete and accurate information. We anticipate providing a response to you within the next 30 days.”

They refuse to do anything else until the 30-days is up (April 19) but this is already way out of the ordinary wait time and waiting another 8-days to do anything is very much pushing my luck with getting this in time for my visa.

And just to note: I contacted them on March 4 and they took 15-days to get back to me that they were going to take another 30-days to get back to me.
 
Yes, I did right away. They contacted USCIS and were told on March 19:

“We apologize for the delay in responding to your letter. Your correspondence is important to us, and we are working to respond to your inquiry as promptly as possible. In APPLICANT’s case, additional research time is required in order to provide you with complete and accurate information. We anticipate providing a response to you within the next 30 days.”

They refuse to do anything else until the 30-days is up (April 19) but this is already way out of the ordinary wait time and waiting another 8-days to do anything is very much pushing my luck with getting this in time for my visa.

And just to note: I contacted them on March 4 and they took 15-days to get back to me that they were going to take another 30-days to get back to me.

This response doesn’t come across to me as you’ve interpreted it. I don’t see where it says they will do nothing until after 30 days after passed. Or if by ‘they’ you mean your congressman’s office, in which case they’ve told you the truth. They can’t initiate another follow up attempt since USCIS already said they’ll get back to them within 30 days. If there’s no update from USCIS after the 30 day timeline, then they may initiate another follow up for case update.

By the way, Congress person cannot compel USCIS to adjudicate any petition especially if background check clearance is still pending. Contacting them is just a way of getting information about a petition you the petitioner wouldn’t have been able to obtain on your own, it also helps in bringing the petition back to USCIS’s attention in situations where a case has sort of fallen through the cracks.
 
This response doesn’t come across to me as you’ve interpreted it. I don’t see where it says they will do nothing until after 30 days after passed. Or if by ‘they’ you mean your congressman’s office, in which case they’ve told you the truth. They can’t initiate another follow up attempt since USCIS already said they’ll get back to them within 30 days. If there’s no update from USCIS after the 30 day timeline, then they may initiate another follow up for case update.

By the way, Congress person cannot compel USCIS to adjudicate any petition especially if background check clearance is still pending. Contacting them is just a way of getting information about a petition you the petitioner wouldn’t have been able to obtain on your own, it also helps in bringing the petition back to USCIS’s attention in situations where a case has sort of fallen through the cracks.

Okay, thanks! I'll wait until the 30-days are up. Fingers crossed this can get me in before the visa ends. Just strange because other people in my area received there's a while ago.
 
Okay, thanks! I'll wait until the 30-days are up. Fingers crossed this can get me in before the visa ends. Just strange because other people in my area received there's a while ago.

Hi! Just a quick question regarding this. We are in a similar situation (VISA expiring in July, have been current and sent everything in October but still haven't been called to interview). Aren't you supposed to be able to stay until September 30th, even if your VISA expired? I thought I read in an older post, or maybe it was somewhere else, that this was allowed...
 
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