DV 2020 AOS Only

Sm1smom

Super Moderator
Thank you for your response. I have clarified my situation with USCIS before i started my application on DV l base. They said I am eligible for AOS. I have never been on any illegal status in the US. Hopefully, there won't be any problem. I am still not sure why his case was denied, hopefully it is not related to his asylum status.

How did you clarify your situation with USCIS? You called the 1800 number and they confirmed your eligibility to file? Sorry to let you down, I believe you’ve been misinformed. The reps answering the 1800 number are not IOs, they are mere contractors hired to read prepared responses to questions over the phone. They are not in a position to determine your eligibility. The denial has nothing to do an illegal status. It simply has to do with the fact that adjustment can only be done from an actual status. You have no status to adjust from as asylum pending.
 

glandghar

New Member
How did you clarify your situation with USCIS? You called the 1800 number and they confirmed your eligibility to file? Sorry to let you down, I believe you’ve been misinformed. The reps answering the 1800 number are not IOs, they are mere contractors hired to read prepared responses to questions over the phone. They are not in a position to determine your eligibility. The denial has nothing to do an illegal status. It simply has to do with the fact that adjustment can only be done from an actual status. You have no status to adjust from as asylum pending.
So you mean there is no way to do AOS while having asylum pending? There are articles indicating pending asylum cases can do AOS through marriage based. I maybe wrong, i ma just curious.
 

mmmb

Member
Hi all,
Could you please those who have or already have done biometric help to understand an issue regarding code 2 or code 3 bio appointments?
Recently, some of us including me received code 2 biometrics for I-485 which is just taking 1 finger biometric. While the biometric for I-485 should be 10 fingers which is shown by a code-3 on the top right corner of the appointment letter for Biometrics.
How many of you guys received code-2 biometrics or 1 finger and if then was able to do an interview or even get approved?
In my case, I received 1 finger biometrics and I have never done any background check in the USCIS.
I would be grateful if you guys can reply.

As stated in the last page, we had code 3 for March which was canceled due to ASC closure and the new one we got has code 2. We did our bio today and brought up the mismatch between the two notices to the officer. She didn’t know what to do and just took one finger as requested by the system. Also both notices were for 485 and 765. We never received anything for 131.

I also asked if she can call to ask any supervisor from NBC (as both letters were from there) and she said no.

I would also assume since the case type is 485 the code would have been automatically generated and not entered by someone. But I guess this year we are experiencing lots of new things.
 

SusieQQQ

Well-Known Member
So you mean there is no way to do AOS while having asylum pending? There are articles indicating pending asylum cases can do AOS through marriage based. I maybe wrong, i ma just curious.
You don't have to be in status to adjust on the basis of marriage to a US citizen (or as the parent of one, in fact). For almost every other AOS you need to be, and always have been, in status. If you have asylum pending but still have a valid underlying status (such as F1 when you continued to maintain all F1 requirements) then you can adjust as you have a status to adjust from. Note: we used to generally see no problem with people adjistung from asylum pending to DV. Lately, it seems the law has been applied differently.
 

RezaReza

Member
As stated in the last page, we had code 3 for March which was canceled due to ASC closure and the new one we got has code 2. We did our bio today and brought up the mismatch between the two notices to the officer. She didn’t know what to do and just took one finger as requested by the system. Also both notices were for 485 and 765. We never received anything for 131.

I also asked if she can call to ask any supervisor from NBC (as both letters were from there) and she said no.

I would also assume since the case type is 485 the code would have been automatically generated and not entered by someone. But I guess this year we are experiencing lots of new things.
Hi,
Have you done your interview?
I saw you said that your interview was in 27th. Have you talked with the officer about this issue?
 
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Gerald p

Member
[QUOTE = "glandghar, post: 2531231, member: 431724"] ¿Entonces quiere decir que no hay forma de hacer AOS mientras el asilo está pendiente? Hay artículos que indican que los casos de asilo pendientes pueden hacer AOS a través del matrimonio. Tal vez me equivoque, solo tengo curiosidad. [/ CITA]
Conoci a una persona que hizo AOS y tenia asilo pendiente y al final le aprobaron la DV.
 

mmmb

Member
Hi,
Have you done your interview?
I saw you said that your interview was in 27th. Have you talked with the officer about this issue?
Yes the interview was yesterday, and at the end of the interview the officer said let’s see how we can schedule you for bio. I asked if we can do it on the spot as the ASC has opened that day. He said no they are full and then I should him the email stating that we can have our bio be taken in another state and he was surprised about it. He took the print out of the email and showed it to his supervisor and said this looks good and go take the bio so I can make my decision sooner.
At that time I wasn’t aware of code 2 or 3 and came to know about it today when only one finger was scanned. So in summary the codes were not mentioned to the interviewing officer.

But is a good point that those that have code 2 and have an interview soon can discuss it with their interviewing officer about it.
 

glandghar

New Member
[QUOTE = "glandghar, post: 2531231, member: 431724"] ¿Entonces quiere decir que no hay forma de hacer AOS mientras el asilo está pendiente? Hay artículos que indican que los casos de asilo pendientes pueden hacer AOS a través del matrimonio. Tal vez me equivoque, solo tengo curiosidad. [/ CITA]
Conoci a una persona que hizo AOS y tenia asilo pendiente y al final le aprobaron la DV.
Did he/she had any other legal status except pending asylum application?
 

SusieQQQ

Well-Known Member
Did he/she had any other legal status except pending asylum application?
It also matters when. As noted, they seem to have changed how they apply the rules this past year or so.

Edit: example:

Hi D3Zi,

Yes, we did recently. Unfortunately, they denied us saying that pending asylum is not a status(((

User D3zi was also an asylum DV applicant denied last year.

I think both above users continued to pursue their asylum cases after DV denial.
 
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Gata2203

Member
@Ertyui

I did so for all I-485 forms and for I-944 as well. My documents were accepted.

BUT you'd better to ask other MORE experienced persons to avoid a rejection.

P.S. I was worried my package could be rejected because I put "N/A" everywhere (not applicable to me or my derivatives).
 

txoutback

Active Member
Dose anyone know if I have to write “N/A” for all the blanks on I-944, I-485, I-765?
I didn’t put N/A for A number/USCIS account number.
Also, I didn’t put N/A for preparer/translator for 2nd package and it was accepted.

My first package was rejected due to no sign for the document, but I did sign in.
The speculation is that somebody misunderstood I didn’t sign it, because I put N/A for preparer/translator for 1st package and left blank for signature section for Preparer/translator.
 

Hirouri

Member
Hello,
(reminder: NOA received on 06/25)
I finally managed to reach a Tier2 Rep who told me that my BIO appointment was scheduled on 08/04 at Cleveland, OH while live in Detroit, MI !!! He was confused about my appointment being in a different state (3 hours driving). He asked me if I already lived in Ohio before to check any possible mistake, he double checked with me "are you sure you want to drive there?" --> of course yes!
It looks like there are many well-intentionned officers that work hard to find the best compromise (earliest date vs distance from ASC).
Thank you guys!
 

AOSnewbie

Member
Hi,
I got an interview letter by email in a word file. But it's very brief without any signatures or something. It just says bring with you:"All passports, visas or other entry documents; student records while studying in the U.S."
It's like I myself have created it. Lol
Will they allow me to enter USCIS building with this fakeish letter?
 

SusieQQQ

Well-Known Member
Hi,
I got an interview letter by email in a word file. But it's very brief without any signatures or something. It just says bring with you:"All passports, visas or other entry documents; student records while studying in the U.S."
It's like I myself have created it. Lol
Will they allow me to enter USCIS building with this fakeish letter?
They’ll have your name down if there is an appointment for you.
 

Jumanjied

Member
I have a question regarding furloughs. If you are furloughed and are not receiving a paycheck but the company is still paying you for your benefits every month until they call you back to work are you still considered out of status?
 

Reiden

Member
Hi Fellow winners, thank you for your support and help with the process, this forum is a gem!
My case status says that On April 3, 2020 they received my application and fingerprint fee. I live in San Jose, and see on the tracker that all cases before and after me have been scheduled for the interview. Tier 1 & 2 representatives just told me to wait. Is there any way to check what's the problem and expedite the appointment?
Thank you!
 

asm_dv

Active Member
I received the hardcopy Bio letter today by mail. Few information to note:

1. Notice date: 07/22/2020
2. Bio Date: 08/03/2020
3. Post mark stamp date: 07/27/2020
4. Code 3

So this is interesting, even though NBC made the notice on 22 July but it took 4 business days for it to be reach the the postal service. So I guess all the notices are circulating inside NBC for few days before being sent to USPS. It took only 2 days after post office for me to get it.

Hope this helps with understanding the timeline a bit for everyone waiting.
 
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