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DV 2020 AOS Only

I will suggest not to send AOS package until your numbers goes current. But u can pay $330 and get the receipt soon.
as I understand it, his number is already current even after the visa bulletin for June was released in late April. And he could send as from the end of April after the release of the bulletin and during May.
 
Hello,

I just learned about this forum and went through the file from the first page. I hired a lawyer to procees my application as originally I planned to go via CP, but due to the virus and a travel ban I panicked and decided to go via AOS as I am already in the states.


My number is As21xxx. I am current in June. I sent DS 260 in February and indicated I will be going via CP. In may I decided to change it to AOS. The lawyer prepared the package but did not include the 330 diversity visa fee in it. The package has been sent already. When I asked the lawyer about it he said I don't need it as I'm doing AOS not CP. The package was sent in may but I'm not sure if the lawyer included request for early filing. The lawyer said that if they need anything else, they will ask for it.


At this point I wonder if there is a way I can drop the lawyer and do it myself. I am ok with immigration asking for additional documents, but I don't want them to schedule me for interview only to deny me because I didn't include the fee or request for early filing.


If it's possible to drop the lawyer can I send the new package with the 1.2k receipt from the previous package?

Anyone have any advice?

Your lawyer is not supposed to include the $330 DV administrative fee in your AOS package. What should have been included is the payment receipt as you’re expected to have made that payment separately prior to mailing in the AOS package. Clearly your lawyer has no DV based AOS processing experience considering they told you you’re not required to make the DV administrative fee payment which is applicable to ALL regardless of the processing route.

Of course you can always fire your lawyer at any point. What else are they doing for you at this point? You basically paid them to fill out your forms (after gathering all of your own documents/information and providing those to them), and mail out your package on your behalf. You filing will not receive a preferential treatment from USCIS on the basis of you having a legal representative. If you’re paying the lawyer to attend your interview with you in addition, they wouldn’t be answering questions on your behalf either, they will basically be there as a 3rd party observer.

Have you received your NOA since the AOS filing?
 
Some cases may require more follow ups and nudging than others, regardless of when the AOS petition was filed. Of course there’s more anxiety for those filing towards the end of the FY than for those who filed at the beginning. A good starting point is to use the timeline spreadsheets, both present and past, to get an idea of the average processing time for your applicable FO.
In your opinion, given the current situation and possible delay of the closure, even if USCIS opens up on June 4th, how comparable would those timelines be? For example, I have done that for my FO and frankly I liked the average processing times from previous years, but I'm afraid that because of everything going on this year, those might not be as comparable as we may wish. :)
 
Your lawyer is not supposed to include the $330 DV administrative fee in your AOS package. What should have been included is the payment receipt as you’re expected to have made that payment separately prior to mailing in the AOS package. Clearly your lawyer has no DV based AOS processing experience considering they told you you’re not required to make the DV administrative fee payment which is applicable to ALL regardless of the processing route.

Of course you can always fire your lawyer at any point. What else are they doing for you at this point? You basically paid them to fill out your forms (after gathering all of your own documents/information and providing those to them), and mail out your package on your behalf. You filing will not receive a preferential treatment from USCIS on the basis of you having a legal representative. If you’re paying the lawyer to attend your interview with you in addition, they wouldn’t be answering questions on your behalf either, they will basically be there as a 3rd party observer.

Have you received your NOA since the AOS filing?
I have not received the NOA yet. At this point should I go ahead and pay the 330 fee and mail the receipt later?
 
In your opinion, given the current situation and possible delay of the closure, even if USCIS opens up on June 4th, how comparable would those timelines be? For example, I have done that for my FO and frankly I liked the average processing times from previous years, but I'm afraid that because of everything going on this year, those might not be as comparable as we may wish. :)

I don’t think my opinion on how comparable those timelines will be, given the current situation is relevant. Use the information you have to make a possible deduction on your own. USCIS office closure, COVID-19, State government SIP policies, etc are never before experienced situations. When I recommend using the past timeline spreadsheets to figure out the average processing time, I expect users to take the present situation into consideration when trying to figure out what their own timeline may eventually end up being like.

The timeline spreadsheets may not be as comparable as you wish, they still serve a very useful purpose IMHO. Using the timeline spreadsheets should at least give filers an idea of how their FOs tend to treat DV based AOS petitions - do they tend to bunch cases together and process towards the end of the FY, do they have a history of approving without an interview, how long it takes them to schedule an interview from when the bio gets completed, do they send out IL before the bio appointment takes place or they wait until after bio is completed before sending IL, do they wait until the background check clears before sending out the IL, do they have a history of approving without an interview, etc.
 
I have not received the NOA yet. At this point should I go ahead and pay the 330 fee and mail the receipt later?

When was your AOS package mailed - precise date?

Yes you need to make the payment. No you cannot mail out the receipt on its own.
 
Treat each as an independent application, provide the applicable documents as if each person is applying alone - that is what I will do.

Thank you for that statement because I wasn`t aware of that. This point of view helps me a lot on what to include and how to structure everything.
 
In your opinion, given the current situation and possible delay of the closure, even if USCIS opens up on June 4th, how comparable would those timelines be? For example, I have done that for my FO and frankly I liked the average processing times from previous years, but I'm afraid that because of everything going on this year, those might not be as comparable as we may wish. :)
Even if they reopen on June 4th they are gonna do it according to so-called "CDC guidelines", that is Application Support Centers and Field Offices will be operating at 50% of their full capacity at maximum. It means that less number of biometrics appointments and interviews per day.
For now we should worry about biometrics appointment since it is being scheduled through the normal system, that is first-come first out meaning that USCIS will give priority to those who have filed before you. It seems that those who have filed after mid-February have not had their biometrics done. So mid-February is a reference point. For example, if you had your application received at USCIS on April 1st, May 1st, June 1st, the rationale dictates that you will be waiting for around 1.5 month, 2.5 months, 3.5 months after June 4th before your biometrics appointment is scheduled.
However, if necessary, the Field Office may send the applicant to the ASC to expedite the capture of biometrics and fingerprints which would be tricky to make USCIS do that for you.
 
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This journey is so stressful and I am close to loose my mind.
From our situation I should have nothing to worry about but still I feel so anxious because I have the feeling if I forget one paper or skip another our case gets denied and there is nothing I can do about it. We are 4 people and it is so much paperwork. And then there is this irritation on what to provide. If we would have been able to do CP most of these documents would not be needed. And our situation is still better than any family still in Europe without US job and health insurance. My husband is no help, he thinks I am overthinking everything. What I do but I can`t help myself being stuck at home with 3 little kids.

So what is all this about? Well first I want to thank @Sm1smom and @Britsimon for all their help so far here and elsewhere. I feel completely lost and you provide so much information and help to navigate me and so many others through this jungle. Thank you so much!
Then I don`t have anybody who I can talk to. Family and friends don`t understand and have no idea about DV Lottery and Selectees from Europe have other worries.

I know I have little right to complain in these hard and confusing times but is anybody out there who has an idea what I am talking about and feels the same? Thanks for everybody reading this far!
 
Even if they reopen on June 4th they are gonna do it according to so-called "CDC guidelines", that is Application Support Centers and Field Offices will be operating at 50% of their full capacity at maximum. It means that less number of biometrics appointments and interviews per day.
For now we should worry about biometrics appointment since it is being scheduled through the normal system, that is first-come first out meaning that USCIS will give priority to those who have filed before you. It seems that those who have filed after mid-February have not had their biometrics done. So mid-February is a reference point. For example, if you had your application received at USCIS on April 1st, May 1st, June 1st, the rationale dictates that you will be waiting for around 1.5 month, 2.5 months, 3.5 months after June 4th before your biometrics appointment is scheduled.
However, if necessary, the Field Office may send the applicant to the ASC to expedite the capture of biometrics and fingerprints which would be tricky to make USCIS do that for you.
I am fairly aware of that. However, I'm just hoping that USCIS may apply some common sense towards DV lottery winners since we have a time constraint (as opposed to other categories). Especially with a number of visas being issued so low like it's the case this year. I guess, they MIGHT try to maximize that by processing every case possible. Also, number of AOS cases for DV usually is not that big - it's possible that this year it might be bigger since a lot of people (myself incldued) first expected to go through CP and then because of the situation development switched to AOS.
Now, these are obivously just my speculations and "wishful thoughts" in a way. Once USCIS reopens, I guess we will have much more information.
 
MrsH, We are all in the same boat and have similar feeling and anxiety.
But, as you mentioned, we are still currently in a better situation than people in Europe.
I'm sending my package today, whatever is the outcome, I did my best.

Thank you, @Sm1smom , @skip1 , @rabey and others for help. It was invaluable.
 
This journey is so stressful and I am close to loose my mind.
From our situation I should have nothing to worry about but still I feel so anxious because I have the feeling if I forget one paper or skip another our case gets denied and there is nothing I can do about it. We are 4 people and it is so much paperwork. And then there is this irritation on what to provide. If we would have been able to do CP most of these documents would not be needed. And our situation is still better than any family still in Europe without US job and health insurance. My husband is no help, he thinks I am overthinking everything. What I do but I can`t help myself being stuck at home with 3 little kids.

So what is all this about? Well first I want to thank @Sm1smom and @Britsimon for all their help so far here and elsewhere. I feel completely lost and you provide so much information and help to navigate me and so many others through this jungle. Thank you so much!
Then I don`t have anybody who I can talk to. Family and friends don`t understand and have no idea about DV Lottery and Selectees from Europe have other worries.

I know I have little right to complain in these hard and confusing times but is anybody out there who has an idea what I am talking about and feels the same? Thanks for everybody reading this far!
We are living in times stresful enough - no need to put more burden on yourself :)

I'm approaching this whole thing as a lottery still - given the circumstances it will seem that even if manage to succesfully do the AOS this year, that will almost count as winning the lottery once again :D So, once I finally put my AOS package together and mail it out, I will try not to think too much about it since I can't do much anyways. If times come to it - yes, I will reach out to representative and try to get help that way, but that's in the worst case scenario. Even if I don't succeed in it - I can be happy knowing that AT LEAST I got a chance to participate. Is it going to be a dissapointment - for sure, but it shouldn't be a stop for you to continue living life as normal as possible in these already hard times :)
 
1. Write N/A - that section is not applicable to DV based AOS.
2. You’re not exempt. You’ve not earned nor earning the qualifying 40 quarters to be exempt.
3. You must make the $330 DV administrative fee payment payment before filing AOS - the payment receipt needs to be included with your AOS package.

p.s.
1. Number your questions (when you have more than one question in a post).
2. Go through the AOS process spreadsheet.

Hi Mom,

Thanks so much for your answers. I`m still quite unsure what to chose in the Affidavit section. Should I submit I-864 even though I`m on full- time (40h a week), paid OPT? Neither of exempt options work for me either
 
Hi Mom,

Thanks so much for your answers. I`m still quite unsure what to chose in the Affidavit section. Should I submit I-864 even though I`m on full- time (40h a week), paid OPT? Neither of exempt options work for me either
Read all the Exempt conditions (from 62.a to 62.n) on that question, then you will realize what's the correct answer.
 
Hi Mom,

Thanks so much for your answers. I`m still quite unsure what to chose in the Affidavit section. Should I submit I-864 even though I`m on full- time (40h a week), paid OPT? Neither of exempt options work for me either
I864 is not applicable to DV lottery cases.
 
Hi,
Thanks for this forum is very helpful!
I have a question:
On april 6th,Chicsgo lockbox received my aos package,for some reason they accept the package for processing on may15th.
The past saturday i received the NOA, on that it is written: as a receive date april 6th,but when i check the processing time online is written may 15th.
My question is: if i want to estimate the processing time,should i take in considerationthe date on the NOA (so april 6th)or on the date that they notice me that the package was processing(may 15th)?

Thanka
 
Hi Mom,

Thanks so much for your answers. I`m still quite unsure what to chose in the Affidavit section. Should I submit I-864 even though I`m on full- time (40h a week), paid OPT? Neither of exempt options work for me either

In addition to all that’s been said, go through the AOS process spreadsheet like I earlier recommended.
 
Hi,
Thanks for this forum is very helpful!
I have a question:
On april 6th,Chicsgo lockbox received my aos package,for some reason they accept the package for processing on may15th.
The past saturday i received the NOA, on that it is written: as a receive date april 6th,but when i check the processing time online is written may 15th.
My question is: if i want to estimate the processing time,should i take in considerationthe date on the NOA (so april 6th)or on the date that they notice me that the package was processing(may 15th)?

Thanka

The received date on the NOA is typically what is considered as the USCIS official acceptance date.
 
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