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DV 2020 AOS Only

Hi @Sm1smom
This is so Urgent!!! Please respond me.
I have a phone call from my FO. They are saying why you have filed two months before getting current. I got current in April and filed in February.
They asked which policy told you can file two months earlier. I know there is a memo. But I cannot find exactly where it says two month earlier. The FO is going to call me and ask again. Please help me to find the exact answer for that.
 
Hi @Sm1smom
This is so Urgent!!! Please respond me.
I have a phone call from my FO. They are saying why you have filed two months before getting current. I got current in April and filed in February.
They asked which policy told you can file two months earlier. I know there is a memo. But I cannot find exactly where it says two month earlier. The FO is going to call me and ask again. Please help me to find the exact answer for that.
https://www.uscis.gov/sites/default/files/document/memos/DV-Related I-485 Applications .pdf
 
Hi @Sm1smom
This is so Urgent!!! Please respond me.
I have a phone call from my FO. They are saying why you have filed two months before getting current. I got current in April and filed in February.
They asked which policy told you can file two months earlier. I know there is a memo. But I cannot find exactly where it says two month earlier. The FO is going to call me and ask again. Please help me to find the exact answer for that.
It’s linked in the spreadsheet
 
Hi,
thanks for your response. Could you please help me to find where exactly stated that we can file 2 months earlier? Thanks
Page 2 last paragraph: page 3 1st.
"The rank cut-off number listed in the advance notification section indicates the DV rank cut-off numbers for the specific month covered by the advance notification. Anyone with a rank number below the listed rank cut-off number in the Visa Bulletin may file an adjustment of status application. For example, in the November 2012 Visa Bulletin, shown on page 5 of this PM, the advance notification DV rank cut-off number for Europe in December 2012 is listed as being 9,250. Therefore, immediately upon release of the November 2012 Visa Bulletin (i.e., on or about October 9, 2012), any person who could be charged to Europe who had a rank cut-off number below 9,250 was eligible to file an application for adjustment of status, even though the adjustment application could not be adjudicated to completion prior to December 1, 2012. "
 
Hi @Sm1smom
This is so Urgent!!! Please respond me.
I have a phone call from my FO. They are saying why you have filed two months before getting current. I got current in April and filed in February.
They asked which policy told you can file two months earlier. I know there is a memo. But I cannot find exactly where it says two month earlier. The FO is going to call me and ask again. Please help me to find the exact answer for that.

Several members have already shown you the Early filing memo and the section that specifically outlines that (thanks everyone who responded). However because that memo is dated 2013, you may get a push back saying it is no longer valid. So you should start with the USCIS website and what it says as of today (when they call you back):


For visa availability, check the latest month's DOS Visa Bulletin. Section B contains a chart showing the current month's visa availability in the Diversity Immigrant category. The chart shows when the Diversity Immigrant cut-off is met. When the cut-off is met, visas will be available in that month for the applicants with Diversity Immigrant lottery rank numbers below the specified cut-off numbers for their geographic areas.

Section C contains a chart showing the Diversity Immigrant category rank cut-offs for the following month, which represents the advance notification of Diversity Immigrant visa availability. As soon as a monthly Visa Bulletin is published, anyone with a lower rank number than the rank cut-off number shown in Section C is eligible to file for adjustment of status. This provides lottery winners the opportunity to file for adjustment of status up to six or seven weeks before a visa number can actually be allocated. This gives USCIS additional time to determine your eligibility for adjustment of status before the end of the fiscal year.

A Diversity Immigrant-based adjustment application cannot be adjudicated until a visa can be allocated, as indicated in the Visa Bulletin’s current Diversity Immigrant rank cut-offs for a particular month.

Eligibility through Diversity IV Program - USCIS Website
 
Hello sm1smom
I called uscis today and spoke with tier 2, I explained my case to her she said I totally understand your concerns and it’s Diversity visa program and it’s time sensitive ( she state expedite request was canceled ) bcoz I didn’t do my bio yet.
She said I sent a msg to NBC to schedule bio for you . After the call I got email from uscis that within 48 hrs and IO will call me ( sane email like expedite request)
 
Hi! Good news. FO: Los Angeles

I got a phone call from a normal number (not no Caller ID) about 20 mins ago and it's my FO. They're sending out my interview letter now but the interview date is two days from now (8/26 Wednesday). She wanted to make sure that I can come to the interview and told me specifically what to tell the security guard if my letter doesn't arrive before my appointment. She also mentioned that if I receive the letter, my husband's appointment time might be different from mine and we should still show up together because they'll interview us together. She was super nice the whole time. I guess chance is high that I won't be able to receive the letter before the interview but I'm not worried about that after what she told me. I'll update the process once the interview is done!

Thank you @Sm1smom for telling me to maybe wait a week before contacting my congressperson. It made me calmer and turned out I don't even have to!
 
My case status was changed today to New Card being produced. I did my interview and biometrics on July 28th but I had to do biometrics again on August 13th because the my fingerprints were deemed unclassifiable from the first time. Thank you to everyone. This forum made it so much easy. I wish good luck to everyone!
 
Hi! Good news. FO: Los Angeles

I got a phone call from a normal number (not no Caller ID) about 20 mins ago and it's my FO. They're sending out my interview letter now but the interview date is two days from now (8/26 Wednesday). She wanted to make sure that I can come to the interview and told me specifically what to tell the security guard if my letter doesn't arrive before my appointment. She also mentioned that if I receive the letter, my husband's appointment time might be different from mine and we should still show up together because they'll interview us together. She was super nice the whole time. I guess chance is high that I won't be able to receive the letter before the interview but I'm not worried about that after what she told me. I'll update the process once the interview is done!

Thank you @Sm1smom for telling me to maybe wait a week before contacting my congressperson. It made me calmer and turned out I don't even have to!

Glad to know my response calmed you down and that things are moving forward for you. Best of luck with the interview.
 
You’ve spent the last few months trying to pull everything together with your lawyer, the I-944 requirements added quite a bit of a delay and as of today, Aug. 24th, you’re still at the stage of hoping submit in the next couple of days? How familiar is your lawyer with DV based AOS process, or AOS in general? I’m surprised, considering you claim to have been at this for the last few months, your lawyer isn’t aware of the court injunction suspending the I-944 requirement as of July 29th.

What is your current status? When did you enter the US?

Thanks for the quick responses. I'm currently on an E3 visa and arrived for the first time on it in March 2019. Your summary is correct. For context: I had my medical done in February but lapsed after 60-days because of COVID shutdowns so needed to go through that again recently and also needed to have my educational equivalency completed via documents from home etc. I'm sure there are things that could have happened sooner but seems like everything was made more difficult. My lawyer is aware of the court injunction but thought we still needed to submit just in case there was any change.

If the application will only be submitted for processing this week, is there any hope of it being reviewed prior to September 30? Follow up question: does everything have to be completed and approved prior to this date (interview, bio, green card in hand) or is it simply the processing time? Forgive me if this information is repetitive. Just trying to assess whether it's worth continuing to spend money on the application if there's no hope.

Thanks again for your help.
 
Thanks for the quick responses. I'm currently on an E3 visa and arrived for the first time on it in March 2019. Your summary is correct. For context: I had my medical done in February but lapsed after 60-days because of COVID shutdowns so needed to go through that again recently and also needed to have my educational equivalency completed via documents from home etc. I'm sure there are things that could have happened sooner but seems like everything was made more difficult. My lawyer is aware of the court injunction but thought we still needed to submit just in case there was any change.

If the application will only be submitted for processing this week, is there any hope of it being reviewed prior to September 30? Follow up question: does everything have to be completed and approved prior to this date (interview, bio, green card in hand) or is it simply the processing time? Forgive me if this information is repetitive. Just trying to assess whether it's worth continuing to spend money on the application if there's no hope.

Thanks again for your help.

1. AOS completion is rather dicey (IMO), but go for it if you think it is worth giving it a shot. You could end up with a pleasant surprise, and I will be very happy for you should that happen.
2. AOS application must be approved COB Sept. 30th, actual GC could be received much later, no problem with that.
 
Thanks, @EU44K , @SusieQQQ , @Hirouri , @rabey , and @Sm1smom ,

I got a call back again from the officer in the FO, and she asked again the early filing and I mentioned the Visa Availability section of the USCIS website as MOM mentioned. She thanked me for showing that and told me she needs to invest more in this issue.
Then, I asked whether I have an interview scheduled and she told me she needs to work on the file and will call me again on Wednesday, However, she also mentioned to me other than this early filing everything looks good and I may get a waiver for the interview.
I am extremely worried about this situation, what is your opinion? The case got accepted in April to be processed, why again they are talking about early filing near deadline?
 
Thanks, @EU44K , @SusieQQQ , @Hirouri , @rabey , and @Sm1smom ,

I got a call back again from the officer in the FO, and she asked again the early filing and I mentioned the Visa Availability section of the USCIS website as MOM mentioned. She thanked me for showing that and told me she needs to invest more in this issue.
Then, I asked whether I have an interview scheduled and she told me she needs to work on the file and will call me again on Wednesday, However, she also mentioned to me other than this early filing everything looks good and I may get a waiver for the interview.
I am extremely worried about this situation, what is your opinion? The case got accepted in April to be processed, why again they are talking about early filing near deadline?

They’re asking about it because the IO is now reviewing your case file. The AOS process spreadsheet calls out the fact the Chicago lockbox acceptance (and rejection) does not mean no further issue with early filing, cases may still be denied by the IO later on down the road.

Anyway in this particular case, you can stop being worried. Look forward to an IL or an approval notice. Typically when the IO calls with intent to deny and they get provided with documented evidence supporting early filing, the case does not get denied for that reason. We’ve seen that happen every year. It would have been bad if she went ahead and denied the case without first reaching out like she did. You’ll be fine ;)
 
I received both mine and my wife's interview letters today. Lawrence FO 9th September. I was thinking of filing congressional enquiry today but no need for now I guess.

Also, my guess is the process was going normally and they were waiting for my wife's biometrics to be done. Because her biometrics was last Monday (17th August) and just after that and after her review showed complete Wednesday(19 Aug), and today (24 Aug) we received interview letters (postmarked 21 Aug). Even though there were service request made through tier 2 officers prior but given from their response and timeline it would seem the case was in que and those requests did not expedite it much.

I will update you all once the interview is done.
 
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