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DV 2020 AOS Only

2020AS00011xxx said:
So what you did wasn't to request an expedite. Expedite is different than e-Request.
For expedite you can only call USCIS and mention the reason for your expedite. But you just e-Requested through USCIS website. Right?
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Sm1smom said:
Agreed with above. You did not initiate an expedite request. Case outside normal processing time is not one of the criteria for an expedite request. You initiated a case follow up inquiry via e-Request. There are 4 specific criteria an expedite request must meet and the request needs to be supported with evidence when initiated:
  • Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
    1. File the benefit request or the expedite request in a reasonable time frame, or
    2. Respond to any requests for additional evidence in a reasonably timely manner;
  • Urgent humanitarian reasons;
  • Compelling U.S. government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests); or
  • Clear USCIS error.
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thanks for the clarification for others,
I just checked the email that i got and in the "type of service requested" it says "expedite"
 
Sm1smom said:
Yes it is a dual intent visa, that is not the issue. The issue is the preconceived intent of filing AOS - these are two different issues. Having an immigrant intent is not the issue, H1B allows for one to have an immigrant intent. It however doesn’t mean it allows for a preconceived intent of filing AOS because AOS is meant for people already inside the US prior to the decision to file AOS was made.
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Hi,

I can’t see how both scenarios are different. Even if I don’t apply now for AOS and apply for it later after 5 years i still have the same intent of immigration and they know about it and is well recognized at time of interview. I can’t see how I will immigrate eventually without going through adjustment of status process. Also the intent of AOS is preconceived before arriving not after in both cases (now or five years later). Either both scenarios are legal or both are fraudulent. Is there a certain guideline about a time frame for that? I know there is 90 day rule guideline for other types of non immigrant visas but not for H1B.

Best Wishes
Mohammed
 
Sm1smom said:
There’s no way to directly get in touch with your FO except by INFOPASS appointment which can only be scheduled via the 1800 number. INFOPASS appointments are no longer being scheduled just for case follow up. The response they gave you was correct.

Which country are you chargeable to by the way?
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I am chargable to Nepal.
 
udxyz said:
Yes and I am currently on F1. My FO is New Orleans.
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It seems that New Orleans Field Office doesn't treat DV lottery cases very well. It stressed me out looking at your information and other person whose case number became current in November and seeing no progress in your cases. I'm in the same FO. Though it's just been three months that I have filed:(
 
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udxyz said:
Yes and I am currently on F1. My FO is New Orleans.
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Your FO appears to be one of those that bunches DV cases together, considering there’s another CN current/filed within a month of your filing which also seems pending. I see two other cases from 2014 (?) which got approved around the same time (I can’t seem to find NOLA listed under any other year on the past timeline spreadsheets). Of course pending background check clearance could have also played a role back then and could equally be playing a role in your case also.
 
2020AS00011xxx said:
It seems that New Orleans Field Office doesn't treat DV lottery cases very well. It stressed me out looking at your information and other person whose case number became current in November and seeing no progress in your cases. I'm in the same FO. Though it's just been three months that I have filed:(
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If you are talking about the 'other person' in row 17 of the spreadsheet, you might be referring to me.
Anyway, it has been stressful because i submitted my docments at the end of november and had to wait long for my biometrics and now this.
 
udxyz said:
If you are talking about the 'other person' in row 17 of the spreadsheet, you might be referring to me.
Anyway, it has been stressful because i submitted my docments at the end of november and had to wait long for my biometrics and now this.
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I meant row 6 whose case number became current in November. That's what you have put it as December in the spreadsheet!
 
Sm1smom said:
Your FO appears to be one of those that bunches DV cases together, considering there’s another CN current/filed within a month of your filing which also seems pending. I see two other cases from 2014 (?) which got approved around the same time (I can’t seem to find NOLA listed under any other year on the past timeline spreadsheets). Of course pending background check clearance could have also played a role back then and could equally be playing a role in your case also.
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Looks like the FO doesn't have much experience with DV cases. This is really worrying.
 
udxyz said:
Looks like the FO doesn't have much experience with DV cases. This is really worrying.
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I wouldn’t conclude the information we have means the FO has little DV experience. We just don’t seem to have enough data to go by in this forum.
 
Sm1smom said:
Agreed with above. You did not initiate an expedite request. Case outside normal processing time is not one of the criteria for an expedite request. You initiated a case follow up inquiry via e-Request. There are 4 specific criteria an expedite request must meet and the request needs to be supported with evidence when initiated:
  • Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
    1. File the benefit request or the expedite request in a reasonable time frame, or
    2. Respond to any requests for additional evidence in a reasonably timely manner;
  • Urgent humanitarian reasons;
  • Compelling U.S. government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests); or
  • Clear USCIS error.
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@Sm1smom Re-reading the criteria to meet for the expedite request, wonder if DV AOSers can initiate based on the timing/end-FY considerations?
 
HI @Sm1smom and all,

If you remember I am the one who put a wrong house number (156 instead of 165) in my form and although filed it early in Feb, and got two times bio-metric appointments, did not receive the physical letter. And when I finally found out what was the problem, it was too late and COVID caused the closure (funny that every time I called USCIS they were checking my address and they also couldn't realize the difference between 165 vs. 156).

1. Anyway, I am still waiting for re-opening and receive again a letter for bio-metric appointment:( Is this what I still should wait for? or should I call again, file e-request, etc.? any suggestions? (I live in Phoenix)

2. Also, when reading the previous messages I saw something about IRS online account and transcript which is necessary for the interview. Is this something new? I filled my case in Feb and before the change of I485 form, Do I need to do this? I included my W2s for the past 3,4 years in my package, but never heard of this before. Can someone help me with this or direct me to a link or message where it is discussed?

3. Maybe sounds ridiculous, but do you think hiring a lawyer might be a help at this point?

Thank you all, and congratulations to those who has recived their GC without interview, and probably to those who have recieved interview wo/ finger print!
 
MNA2020 said:
@Sm1smom Re-reading the criteria to meet for the expedite request, wonder if DV AOSers can initiate based on the timing/end-FY considerations?
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I listed out the 4 specific criteria used in considering an expedite request (which by the way is applied on a case by case basis - meaning no blanket or automatic approval), which of those do you think a DV will fit under?

Sun-set clause used to be one of the criteria a couple of years back, this is the criteria that used to be applicable to DV based AOS cases, it has since been removed.
 
Magmag said:
HI @Sm1smom and all,

If you remember I am the one who put a wrong house number (156 instead of 165) in my form and although filed it early in Feb, and got two times bio-metric appointments, did not receive the physical letter. And when I finally found out what was the problem, it was too late and COVID caused the closure (funny that every time I called USCIS they were checking my address and they also couldn't realize the difference between 165 vs. 156).

1. Anyway, I am still waiting for re-opening and receive again a letter for bio-metric appointment:( Is this what I still should wait for? or should I call again, file e-request, etc.? any suggestions? (I live in Phoenix)

2. Also, when reading the previous messages I saw something about IRS online account and transcript which is necessary for the interview. Is this something new? I filled my case in Feb and before the change of I485 form, Do I need to do this? I included my W2s for the past 3,4 years in my package, but never heard of this before. Can someone help me with this or direct me to a link or message where it is discussed?

3. Maybe sounds ridiculous, but do you think hiring a lawyer might be a help at this point?

Thank you all, and congratulations to those who has recived their GC without interview, and probably to those who have recieved interview wo/ finger print!
Click to expand...

1. File an eRequest, it may or may not trigger the case but it’s better than doing nothing at this point in this particular case. If the eRequest response ends up being unhelpful, follow up by contacting your congress person and request their assistance with case follow up.

2. If you had gone through the AOS process spreadsheet, you would have seen the IRS tax transcript being listed as a recommended financial document to include with the AOS package. Starting from February 24th, the IRS tax transcript became a required form in support of the required I-944 Self Sufficiency form.

3. I don’t see what any lawyer can accomplish on your behalf at this point. But hire one if you think it is necessary.
 
A question about filing I-134. Based on the description. The sponsor must be a natural U.S. citizen or a resident by law (green card holder). My parents support me ( This is listed in I-944 ), but they are not U.S. citizen. Do I still need to file I-134?
 
justin5566 said:
A question about filing I-134. Based on the description. The sponsor must be a natural U.S. citizen or a resident by law (green card holder). My parents support me ( This is listed in I-944 ), but they are not U.S. citizen. Do I still need to file I-134?
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If you have or know someone in the US who qualifies and is willing to fill out one for you, then yes having an I-134 is recommended.
 
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