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DV 2020 AOS Only

Sero1033 said:
I would call tier 2 and ask if interview notice was sent or not. If yes, I would just wait the letter, you have plenty of time to receive it by the day of the interview. If not, see if you can reach to the person you spoke with, but I doubt you can... maybe tier 2 can help you with that...

In any case you must show up at the office on the day and time of your interview (with or without notice on hand)
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Thank you for your response!

My FO called me he is gonna send me emails instead of letters. I should've asked him when I can receive the email with letters. So I am not sure if a tier 2 officer can find the emails are sent or not.
But I would call USCIS next week to make sure my interview is scheduled.
 
Hello everyone, I have a question about my case. After I file service request, I got this mail from my FO. I'm not sure it's a good sign or bad? Should I do the next step, find the congressman?
 
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Nyankosensei said:
Thank you for your response!

My FO called me he is gonna send me emails instead of letters. I should've asked him when I can receive the email with letters. So I am not sure if a tier 2 officer can find the emails are sent or not.
But I would call USCIS next week to make sure my interview is scheduled.
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The tier 2 will not see the email sent to you by FO but he/she can see the interview date and the time. He also might be able to send you a copy of it by email. Usually FOs send a paper notice by email when schedule an interview, specially when it is plenty of time like in your case, so never know, just check with tier 2.
 
Sero1033 said:
The tier 2 will not see the email sent to you by FO but he/she can see the interview date and the time. He also might be able to send you a copy of it by email. Usually FOs send a paper notice by email when schedule an interview, specially whern it is plenty of time like in your case, so never know, just check with tier 2.
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We have had people with scheduled interviews report that the tier 2 officer did not see them at all. I don’t think things are always working like in normal times.
 
Nyankosensei said:
Thank you for your response!

My FO called me he is gonna send me emails instead of letters. I should've asked him when I can receive the email with letters. So I am not sure if a tier 2 officer can find the emails are sent or not.
But I would call USCIS next week to make sure my interview is scheduled.
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My wife also received a called. It was two days after the call. So, IO told her to tell to the security that she has an interview and officer xxx expecting. When my wife showed up in the FO, the security had a list of people who have interview on that date. So, they let her in and checked in. There was no problem at all.
 
Sero1033 said:
The tier 2 will not see the email sent to you by FO but he/she can see the interview date and the time. He also might be able to send you a copy of it by email. Usually FOs send a paper notice by email when schedule an interview, specially when it is plenty of time like in your case, so never know, just check with tier 2.
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I see..
Yeah I should call a tier 2 anyway to check my schedule. FO already asked me if I don't mind to get Emails instead of sending mails because he was not sure if I can receive the mails before my interview.
Thank you for your help!
 
rabey said:
My wife also received a called. It was two days after the call. So, IO told her to tell to the security that she has an interview and officer xxx expecting. When my wife showed up in the FO, the security had a list of people who have interview on that date. So, they let her in and checked in. There was no problem at all.
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Thank you so much!!
That made me feel a little better.
I have a question. The IO told her to bring any back up documents ? Or she just brought some original documents that on the spreadsheet?
When my FO called me he just mentioned I need to bring original birth certificate and graduation certificate but I sent original birth certificate already by my misunderstanding. I told him about it then he said "oh I just got your documents so I'll check it"
So I thought he will send me emails with appointment letters include some back up documents.
I still have time so I should just call tier 2 officer anyway but I'm curious.
 
Nyankosensei said:
Thank you so much!!
That made me feel a little better.
I have a question. The IO told her to bring any back up documents ? Or she just brought some original documents that on the spreadsheet?
When my FO called me he just mentioned I need to bring original birth certificate and graduation certificate but I sent original birth certificate already by my misunderstanding. I told him about it then he said "oh I just got your documents so I'll check it"
So I thought he will send me emails with appointment letters include some back up documents.
I still have time so I should just call tier 2 officer anyway but I'm curious.
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No, he didn't ask to bring any specific documents but she took all the originals.
If you sent an original, must probably the IO have it with your file. I saw my original translations when I have my interview.
To be honest with you, I think you are overthinking ( I know it's easier for me to say it, but be patient, at least you know when you are going to be interviewed)
 
Hi Mom,
Today we(2 adult-3 kids) attended the interview. It took almost 4-5 hours. But he didnt approved our case because of me(derivative husband). I overstayed 98 days in US. And i said i that overstayed less than 180 days are forgivable and there is no 3 years bar rule. And he made some research and he could get the info. So he asked a RFE for explanation of overstaying and evidence for “overstay less than 180 days are not blocking the green card ways”. I need to prepare a letter for this. Mom i need your help or any advise or any lawyer. Plzz mom plz :)
Thanks
 
rabey said:
No, he didn't ask to bring any specific documents but she took all the originals.
If you sent an original, must probably the IO have it with your file. I saw my original translations when I have my interview.
To be honest with you, I think you are overthinking ( I know it's easier for me to say it, but be patient, at least you know when you are going to be interviewed)
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You are right. I've been thinking about it all the time like crazy.
Thank you for your help! I feel much better and have more confidence. It's gonna be fine.
 
d.zel said:
Hi Mom,
Today we(2 adult-3 kids) attended the interview. It took almost 4-5 hours. But he didnt approved our case because of me(derivative husband). I overstayed 98 days in US. And i said i that overstayed less than 180 days are forgivable and there is no 3 years bar rule. And he made some research and he could get the info. So he asked a RFE for explanation of overstaying and evidence for “overstay less than 180 days are not blocking the green card ways”. I need to prepare a letter for this. Mom i need your help or any advise or any lawyer. Plzz mom plz :)
Thanks
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Wait. You have an overstay? You never disclosed this before. When was the overstay? Have you been out of the US and back since the overstay happened? What is your current status? How about your spouse - what is her current status?
 
Sm1smom said:
Wait. You have an overstay? You never disclosed this before. When was the overstay? Have you been out of the US and back since the overstay happened? What is your current status? How about your spouse - what is her current status?
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Mom i came US on JAN 2018 and apllied asylum on September 2018, my legal status ended on June 2018
Now i have pending asylum status. Officer said i you have applied asylum on July you wouldnt be overstayed for 98 days. You would be good. My wife applied for asylum within the 6 months and he said, she is good. and i have shown this to the officer E75E4509-D354-4946-AB9D-997BCF113FCE.pngE75E4509-D354-4946-AB9D-997BCF113FCE.pngThen he asked RFE, he need some proof for this
 
d.zel said:
Mom i came US on JAN 2018 and apllied asylum on September 2018, my legal status ended on June 2018
Now i have pending asylum status. Officer said i you have applied asylum on July you wouldnt be overstayed for 98 days. You would be good. My wife applied for asylum within the 6 months and he said, she is good. and i have shown this to the officer
Then he asked RFE, he need some proof for this
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Okay you clearly are mis-applying the the interpretation of the less than 180 days of overstaying.
1. You were not eligible to file a DV based AOS application in the first place because of that overstay - the lapse between when your authorized stay expired and when you subsequently applied for asylum put you in an unlawful status which made you ineligible to file AOS.
2. The less than 180 day overstay you’re referring to is applicable to CP, not AOS. Meaning if you had exited the US and processed CP, you wouldn’t have incurred a 3 year bar because the unlawful presence you accrued was less than 180 days. That rule is not applicable to a DV based AOS. The two exceptions I know of where such an overstay is not taken into consideration are if such a person is filing as the spouse of a USC or an employment based AOS.
3. Then there’s the fact that both you and your wife do not have a current valid status to adjust from, asylum pending is not a status. So even if you didn’t have the issue of this overstay, I would have been pleasantly surprised if you guys got approved.

So sorry, I don’t have any good news to share with you.
 
d.zel said:
Mom i came US on JAN 2018 and apllied asylum on September 2018, my legal status ended on June 2018
Now i have pending asylum status. Officer said i you have applied asylum on July you wouldnt be overstayed for 98 days. You would be good. My wife applied for asylum within the 6 months and he said, she is good. and i have shown this to the officer he need some proof for this
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You are confusing two issues. it is true that you need an overstay of 180+ days before you get a ban, however, any overstay is a bar to adjustment of status. It would not be a problem (in principle - obviously currently it can’t be done) for a visa to be issued through consular processing because there is no ban, but it is a problem for AOS.


https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4

Any adjustment applicant is ineligible to adjust status under INA 245(a) if, other than through no fault of his or her own or for technical reasons, he or she has ever:
  • Failed to continuously maintain a lawful status since entry into the United States; or
  • Violated the terms of his or her nonimmigrant status.
...
The bar to adjustment for failing to continuously maintain a lawful status since entry into the United States applies to an applicant for adjustment who has:
  • Failed to maintain continuously a lawful status since their most recent entry; and
  • An applicant who has ever been out of lawful status at any time since any entry. [10]
 
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SusieQQQ said:
You are confusing two issues. it is true that you need an overstay of 180+ days before you get a ban, however, any overstay is a bar to adjustment of status. It would not be a problem for a visa to be issued through consular processing because there is no ban, but it is a problem for AOS.


https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4
The bar to adjustment for failing to continuously maintain a lawful status since entry into the United States applies to an applicant for adjustment who has:
  • Failed to maintain continuously a lawful status since their most recent entry; and
  • An applicant who has ever been out of lawful status at any time since any entry. [10]
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So is there any way to convince him with explanation letter? Or there is nothing to for this point ?
 
d.zel said:
So is there any way to convince him with explanation letter? Or there is nothing to for this point ?
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How would you explain it? It seems to me that if it is correct that you have overstay on record, then you are barred from adjustment. I’m not sure if @Sm1smom maybe thinks a lawyer might help.
 
SusieQQQ said:
How would you explain it? It seems to me that if it is correct that you have overstay on record, then you are barred from adjustment. I’m not sure if @Sm1smom maybe thinks a lawyer might help.
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Thanks Sussie. My friend, he was also (DV2018-SanAntonio) derivative and he got aproved with 164 overstayed days. Maybe i need to talk with lawyer but i dont know any immigration lawyer.
 
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