DV 2020 AOS Only

[asm_dv]

Good to know. Do I need to prepare my background check? Or it will be performed when I submit my documents?

Nothing extra needed for background check just submit all the forms and supporting documents for AOS. Based on that your background check will happen. Also, Part of the check also happens after the Bio as they need to check your biometrics against their database (as far I know).

 

[AOS2020]

out of anxiety and prob out of AOS context but what I just read says the new proclamation will suspend GC issuance outside USA throughout dec, does that mean the CP for all the DV will be affected as well? @mom do you knw where do we stand on this one, as per my understanding the people who are already here are not affected? m i right? I am literally getting anxiety by now

 

[AoShole]

You’ll need to contact KCC to inform them you’re switching from CP to AOS. Yes, they will respond, the response may be a couple of days or weeks. You can however initiate the other steps such as paying the DV administrative fee, medical exam, gathering documents and filling out your forms while waiting for the response from KCC.

To add to this- when I spoke to the KCC about switching my CP to AoS, I was advised it would happen automatically, when DV payment was received; and sure enough, after they received my payment, and before my receipt arrived, I received an email from them, confirming AoS.

Hi @Sm1smom,
Thanks all the helps for answering all the questions. I'm in the similar situation like wem2015

I’m DV 2020 selectee. AS17XXX. My case goes current as May. And I have F1 in USA and I stay here. I choose to go with CP when I submit my applications. For now, if I would like to change to AOS, what are the steps I need to do? I've checked the 'AOS Process and Documents_Updated' spreadsheet. It seems like it doesn't mention about how to transfer from CP to AOS. Do I just email KCC to transfer to AOS? ( will I get a confirmation after that?) And how long does it take to transfer from CP to AOS?

Having recently done this, I recommend you read through the I-485 and I-944 (and other relevant forms to you) instructions, carefully noting all the evidence/documentation you'll need to provide, and begin gathering it ASAP. I filled out the forms in an afternoon, but I spent a few weeks waiting for DV fee receipt, credit letters, my medical, and other documentation, which was not on hand. Also carefully check your application/signatures/attachments before submitting the AoS package, because a rejection/RFE will seriously slow things down, and affect your chances, at this point in the year.

out of anxiety and prob out of AOS context but what I just read says the new proclamation will suspend GC issuance outside USA throughout dec, does that mean the CP for all the DV will be affected as well? @mom do you knw where do we stand on this one, as per my understanding the people who are already here are not affected? m i right? I am literally getting anxiety by now

AoS is not affected. Quoting from BritSimonSays' latest post, on his blog:

• It does not affect people already in LPR status (Green Card holders)
• It does not affect anyone already holding a DV visa from before April 22 (and extensions should still be possible as I have previously explained).
• It does not affect DV cases doing adjustment of status in the USA
• It does affect DV2020 cases (unless the order is successfully challenged).
• It affects DV2020 cases who were on 221(g) AP and waiting for the resolution of their cases.
• It will affect DV2021 cases, delaying the start of the process (unless the order is successfully challenged)

 

[Aor]

I am a new member here and what I can tell is all the information here is very insightful. I should have came here for a long time ago.
Anyway, after Trump announced to suspend issuing green card outside U.S, I’ve got a lot of questions in my mind since DV2020 got impacted directly from his ban.

My case number for DV is 19xxx which normally scheduled to interview this month, in June, and I set the interview for CP. Normally I live in The U.S. as a student (which means I lived in The U.S when Trump first ban issuing green card on April 23rd) but I just left The U.S. 3 days before Trump extended this ban for preparing CP interview in my home country.

Do you guys think do I still have any chance to interview my Visa ? Is it possible that I go back as student to America and adjust status to AOS and get interview before September?

Pls Advise
Thank you in advance

 

[Sm1smom]

out of anxiety and prob out of AOS context but what I just read says the new proclamation will suspend GC issuance outside USA throughout dec, does that mean the CP for all the DV will be affected as well? @mom do you knw where do we stand on this one, as per my understanding the people who are already here are not affected? m i right? I am literally getting anxiety by now

AOSers are not impacted by the proclamation.

 

[Sm1smom]

I am a new member here and what I can tell is all the information here is very insightful. I should have came here for a long time ago.
Anyway, after Trump announced to suspend issuing green card outside U.S, I’ve got a lot of questions in my mind since DV2020 got impacted directly from his ban.

My case number for DV is 19xxx which normally scheduled to interview this month, in June, and I set the interview for CP. Normally I live in The U.S. as a student (which means I lived in The U.S when Trump first ban issuing green card on April 23rd) but I just left The U.S. 3 days before Trump extended this ban for preparing CP interview in my home country.

Do you guys think do I still have any chance to interview my Visa ? Is it possible that I go back as student to America and adjust status to AOS and get interview before September?

Pls Advise
Thank you in advance

You would have been eligible to file AOS if you had a change of heart while still in the US. You’re no longer eligible because you already left. Entering the US on a NIV with a preconceived intent of filing AOS is frowned upon.

 

[Aor]

You would have been eligible to file AOS if you had a change of heart while still in the US. You’re no longer eligible because you already left. Entering the US on a NIV with a preconceived intent of filing AOS is frowned upon.

I mean, in my situation I have to go back in New York to study anyway in July. Not exactly just only entry the U.S. for filling AOS. Is that make sense ?

 

[Sm1smom]

I mean, in my situation I have to go back in New York to study anyway in July. Not exactly just only entry the U.S. for filling AOS. Is that make sense ?

Previous response still applies AFAIK. Change in circumstance leading to the AOS decision happened while outside the US, not when you were already admitted. Do you plan on declaring your plan to process AOS upon admission at the POE, or you simply intend to say you’re returning for schooling alone? Because if the AOS intent is declared at POE, you definitely will not be admitted into the US. The preconceived intent of AOS filing is already at play here. But if you think you’ll be fine, return and file AOS, then wait and see if you’ll be approved or not. Your case, your resources, your decision.

 

[kong17]

Hello @Sm1smom ,

I submitted all the required documents for DV on last year November.
Interview is the last step I need to get approved for green card; however it has been 7 months and I am starting to get worried about it.
I am currently on F-1 OPT status, which ends on July 12th. I applied for EAD card a month ago so that I can work until the card gets approved - still waiting on this too. I've been seeing some cases from other people who got their GC approved without the interview on this page (congrats!!!!) and they seem to have a similar timeline for the application process as I am.

I've been googling and researching a lot - however I want to hear back from Mom (Thank you in advance).
Here are my questions,

1. How long does it usually takes for them to schedule an interview after they receive all the documents?
2. Can I still work while I'm waiting for my EAD card after when my OPT ends? - similar to how you can still work while waiting for STEM approval.
3. Based on my information and my chronological similarity with others who got GC without interviews, do you think its also a possibility for me that GC can be approved without an interview?
4. Will there be a hard deadline for abolishing all the this year's pending DV applications on September even during time like this?

Any advice or information would be appreciated.
Please let me know if you need more information on my end.

Thank you!

Hi Kats Kits,

For question 2,

You should have asked that question to your DSO at school as that’s part of their job. Anyhow, I am in the same situation as you and this is what I was told by my DSO:

If you file your STEM OPT accurately, you can present your NOA to HR after your current EAD card expires. After that, you can work up to 180 days while you are on STEM OPT pending status. If your request is denied, then you must stop working immediately even through the 180 days is not reach.

You should also confirm with your DSO at school.

 

[aussie expat]

Hi guys, I am so happy.... you cannot believe it. My number became current in November and in fact on November 1st I sent my documents. After so long, (it seems) they finally approve my case, without interview! I want to thank @Sm1smom, he helped me so much. Thanks to his knowledge, I saved a lot of money and I took the right choices.

Giovanna, did you do biometrics before getting approved? That’s amazing! Congratulations.

 

[Giovanna]

Giovanna, did you do biometrics before getting approved? That’s amazing! Congratulations.

Thank you!!!!!!!!! Yes, December 4, 2019

 

[Sm1smom]

Hi Kats Kits,

For question 2,

You should have asked that question to your DSO at school as that’s part of their job. Anyhow, I am in the same situation as you and this is what I was told by my DSO:

If you file your STEM OPT accurately, you can present your NOA to HR after your current EAD card expires. After that, you can work up to 180 days while you are on STEM OPT pending status. If your request is denied, then you must stop working immediately even through the 180 days is not reach.

You should also confirm with your DSO at school.

I believe the OP wasn’t asking about STEM OPT, not everyone is eligible to apply for that. The EAD card they were asking about is the AOS based EAD, which is not under the realm of what a school’s DSO can advise on. If a DSO tells someone who is waiting in an AOS based EAD approval to keep working after their current OPT expires, that equates to bad advise.

 

[americanvisa]

hi mom, would you recommend me to follow up with a Mandamus act against USCIS to make them process the case faster?

 

[Sm1smom]

hi mom, would you recommend me to follow up with a Mandamus act against USCIS to make them process the case faster?

You can file one if you like. USCIS can always argue your case is not currently outside of the “normal” processing time - normal as in pre COVID-19 which led to office closures, normal as in average processing time (by your FO) of all AOS cases.

Right now, my recommendation is to be patient until we’re certain your FO as fully resumed operations. Once that is s ascertained, initiate a congressional inquiry. Based on what the response is, you can then follow up by seeking Ombudsman’s assistance. Prior to doing all these, do an online case follow up request, this may trigger bringing your case to the attention of the IO in charge of it, which wouldn’t require the other follow steps I listed above.

 

[AoShole]

I just had a troubling conversation with KCC. I was calling to find out if this interpretation of the proclamation, posted in the relevant forum, was correct:

But one of the other conditions is the the proclamation only applies to people who are outside the US on the effective date of the proclamation (which for immigrants is actually April 23). So if he was in the US on that date, it should not affect him even if he goes outside the US to do CP.

Before I even got to that, the representative, Tammy (if you've called KCC enough times, you would have spoken to her, as there are only a few call center staff), advised that the DV program has been suspended, affecting BOTH those outside, and inside, the United States, including AoS- no interviews are being, or will be scheduled. I couldn't believe it, and I clarified a few times, as I've seen nothing in these forums, or online, to this effect, but she iterated that no DV cases will be proceeding to interview.

I am going to call the USCIS when I have a moment, and will update, but if anyone has seen or heard anything, I would encourage them to advise.

 

[Ale85]

Hi Mom,

I need a sugegstion:
I sent my first aos package at the end of march,for more then a month i did not know anything about my package,i called uscis m,chicago lockbox..nothing.
So i assumed that they lost my package,so i mail again my i485...that week my first packagr was accepted,so to avoid to have 2 i485 form,i cancelled the money check on my second form,and i believed that chicago lock box was going to rejected it due to fee problem.
Instead chicago lockbox accepted it,and i get another NOA,i called USCIS,and every time they give me a different suggestion.
1.send a letter in which i ask to put down that case,with that specific receipt number
2. Wait that they denied it
3.wait that they send my the request of money,and refused to pay

Now when i called USCIS,they are able to see that i filed 2 i485 and in one there is a fee problem,and they are waiting that i will.pay it,(they did not send me any request yet).
Now i do not want that this problem.will reflect on the processing of the i485 form.woth the correct fee, they keep going that it won't,because they are processed in a separate way,but the uscis officet change always ideas..and i am getting confused.

What should i do?
Should i send the letter?
If i do not do anything,are they going to process the correct form in a normal way and timing?

Thanks

 

[americanvisa]

You can file one if you like. USCIS can always argue your case is not currently outside of the “normal” processing time - normal as in pre COVID-19 which led to office closures, normal as in average processing time (by your FO) of all AOS cases.

Right now, my recommendation is to be patient until we’re certain your FO as fully resumed operations. Once that is s ascertained, initiate a congressional inquiry. Based on what the response is, you can then follow up by seeking Ombudsman’s assistance. Prior to doing all these, do an online case follow up request, this may trigger bringing your case to the attention of the IO in charge of it, which wouldn’t require the other follow steps I listed above.

Thanks Mom for the advice, appreciate it. I submitted a request about my case to USCIS yesterday and today it was updated to: "On June 23, 2020, your inquiry about why your case is taking longer than our processing time, referral number XXXXXXXXXX was assigned to an officer for response." I am afraid that they would send me a generic response, even though I stated that my case is the DV Lottery one and should be different than the employment and family-based cases. On my USCIS case status, it doesn't really state that my case was even sent to the Field Office yet. So I am afraid that the officer will just inform me that the case is still with the general center.. Hopefully I will get something informative out of this. I'll update everyone here once I get a response.

I also emailed the Congressman's office yesterday, asking for a legal assistance. I tried to call but they didn't pick up. Hoping that they will get back to me in a timely manner.

 

[SusieQQQ]

I just had a troubling conversation with KCC. I was calling to find out if this interpretation of the proclamation, posted in the relevant forum, was correct:



Before I even got to that, the representative, Tammy (if you've called KCC enough times, you would have spoken to her, as there are only a few call center staff), advised that the DV program has been suspended, affecting BOTH those outside, and inside, the United States, including AoS- no interviews are being, or will be scheduled. I couldn't believe it, and I clarified a few times, as I've seen nothing in these forums, or online, to this effect, but she iterated that no DV cases will be proceeding to interview.

I am going to call the USCIS when I have a moment, and will update, but if anyone has seen or heard anything, I would encourage them to advise.

Well, she’s wrong about AOS . There have been a few cases reported approved here in the past week or so already, and likely more that aren’t on the forum. Again, staff at both uscis and KCC can and do give out incorrect information.
USCIS schedule AoS appointments (or as we have also seen, including the past few days, approve without interview).
This report you provide does however underscore the scepticism that both mom and I have about KCC scheduling any consular appointments for DV regardless of claimed exception.

 

[Sm1smom]

Hi Mom,

I need a sugegstion:
I sent my first aos package at the end of march,for more then a month i did not know anything about my package,i called uscis m,chicago lockbox..nothing.
So i assumed that they lost my package,so i mail again my i485...that week my first packagr was accepted,so to avoid to have 2 i485 form,i cancelled the money check on my second form,and i believed that chicago lock box was going to rejected it due to fee problem.
Instead chicago lockbox accepted it,and i get another NOA,i called USCIS,and every time they give me a different suggestion.
1.send a letter in which i ask to put down that case,with that specific receipt number
2. Wait that they denied it
3.wait that they send my the request of money,and refused to pay

Now when i called USCIS,they are able to see that i filed 2 i485 and in one there is a fee problem,and they are waiting that i will.pay it,(they did not send me any request yet).
Now i do not want that this problem.will reflect on the processing of the i485 form.woth the correct fee, they keep going that it won't,because they are processed in a separate way,but the uscis officet change always ideas..and i am getting confused.

What should i do?
Should i send the letter?
If i do not do anything,are they going to process the correct form in a normal way and timing?

Thanks

Write to the Chicago Lockbox requesting to withdraw the AOS with the cancelled payment.

 

[Sm1smom]

I just had a troubling conversation with KCC. I was calling to find out if this interpretation of the proclamation, posted in the relevant forum, was correct:



Before I even got to that, the representative, Tammy (if you've called KCC enough times, you would have spoken to her, as there are only a few call center staff), advised that the DV program has been suspended, affecting BOTH those outside, and inside, the United States, including AoS- no interviews are being, or will be scheduled. I couldn't believe it, and I clarified a few times, as I've seen nothing in these forums, or online, to this effect, but she iterated that no DV cases will be proceeding to interview.

I am going to call the USCIS when I have a moment, and will update, but if anyone has seen or heard anything, I would encourage them to advise.

Yet, we’ve had at least two AOS approvals, since the first proclamation came into effect (bearing in mind this same proclamation has impacted CPers since then), and there’s recently issued IL for another AOSer scheduled for July. Ask Tammy to about DV based AOS cases and processing to test her understanding of DV based AOS cases to start with.