Hi Mom,
Sorry forgot to mention that, yes i had a pending asylum and now granted GC through DVL. I was asking how to cancel the previous status? Thanks
DV 2020 AOS Only
- Thread starter Sm1smom
- Start date
Sorry forgot to mention that, yes i had a pending asylum and now granted GC through DVL. I was asking how to cancel the previous status? Thanks
Kentavar2397
Active Member
That is very interesting. We saw people with pending asylum who have been denied due to not having an actual “status”. Was there anything special about your case and would like to share?
Sm1smom
Super Moderator
Write a letter to the asylum office with jurisdiction over the asylum case letting them know you wish to withdraw the asylum application.
By the way if you don’t mind sharing more, did you have some other valid status while the asylum application was pending? Which FO had jurisdiction over your AOS application? Asking all these questions because I’m trying to understand about how your case got approved since most DV based AOS cases filed by those with just asylum pending status tend to get denied more and more of late.
Sm1smom
Super Moderator
You can ask, I doubt they will reschedule. They already scheduled you for the best available spot in their opinion. It’s unfortunate your IO didn’t work with you in getting you scheduled earlier for the bio. For most people, background check clearance happens within 24 - 48 hours of the bio being taken.
Sm1smom
Super Moderator
Current: August 2020
AOS package sent: July 1st
NOA received: July 25th
Interview and bio date: September 3rd
Today I received “New Card is been produced” update. Thank you so much everyone for your help and please keep faith on god. I hope everybody get their GC soon.. Good luck
AOS package sent: July 1st
NOA received: July 25th
Interview and bio date: September 3rd
Today I received “New Card is been produced” update. Thank you so much everyone for your help and please keep faith on god. I hope everybody get their GC soon.. Good luck
mendokusai
Active Member
Update and graduation info of team "stuck in bio"
TX / 8/7 bio / O
MA / 8/3 bio / X
CA / 8/4 bio / O
FL / 7/28 bio / O ☺
CA / 8/18 bio / X ☺
TX / 8/13 bio / O
NY / 8/13 bio / X
WA / 8/3 bio / O
Hello! We requested to expedite our case on Aug 4th. On Aug 6th TSC denied our request as we did not provide evidences (DV deadline was not convincing enough). On Aug 31 we spoke to tier 2 officer who said our case was not ready for an interview yet and refused to send a service request for interview appointment, however the officer acknowledged the fact it was a DV case and that they kept an eye on it. On Sept 4th we spoke to another tier 2 officer, who agreed to send an interview appointment request (he sent it to Nebraska SC, it is still not assigned). Not sure if the 2nd person was just more helpful or our case is now ready for interview. We have also sent a letter to our congress person, asking to assist. While our service request is pending and not yet assigned, would you recommend any additional steps to improve our chances? Would another expedite request work given just 3 weeks left or we should wait what happens to our interview inquiry? Many thanks to y'all!
Our timeline: Current - June; I-485 received date 06/01/2020; Acceptance text: 06/08/2020; Bio Applied (from other case) 06/16/2020; Expedite request 08/04/2020, denied 08/06/2020; service request 09/04/2020 - pending.
Our timeline: Current - June; I-485 received date 06/01/2020; Acceptance text: 06/08/2020; Bio Applied (from other case) 06/16/2020; Expedite request 08/04/2020, denied 08/06/2020; service request 09/04/2020 - pending.
+CA/8/19 bio / O on my case
This is ridiculous, given that I submitted my package back in March.
Maybe I should just go to FO office in the morning and talk with them while they coming/leaving from work? Don't know what else to do at this stage
Hello MOM,
We had an interview at Houston field office a month ago and case has been held for review then after. We contacted USCIS and they told the files are located at National record center and has asked to reroute to FO. Is national record center same as national benefit center?
We had an interview at Houston field office a month ago and case has been held for review then after. We contacted USCIS and they told the files are located at National record center and has asked to reroute to FO. Is national record center same as national benefit center?
MNA2020
Active Member
We had our interview earlier today. Like what others reported, it was pretty quick – in and out within 35 minutes, including waiting time. When I asked at the end of the interview, the IO said that the background check has been completed, and the only thing left for her is to request the file from KCC. She said that the notice is supposed to be sent within a week. In the meantime, she printed and gave us the standard letter that others had shared before, stating that our case is being held for review. No change of status online, FYI.
Hope we are close to the positive decision (fingers crossed).
A few points FYI:
Hope we are close to the positive decision (fingers crossed).
A few points FYI:
- Given the checking-in is similar to what one would go through at airports, you may want to take liquids out. We knew but somehow my wife forgot her eye drops in the bag, so there was a few minutes hiccup there.
- We were wearing face masks the entire time we spent in the building; were not asked to show faces even for the interview.
- No originals were asked to be presented, except IDs at the beginning – we showed our driver licenses.
- We told her that my wife has gotten her EAD card through a separate process and asked if it needs to be added to the file - she said not really, unless we really want it to be added, so we kept it as it was.
- Upon completing the interview, the IO asked to sign the i-485. When I asked if we are supposed to sign the i-944 form too, she looked stumbled for a moment, then looked through the documents and requested to sign that form too. I got an impression she was not expecting that form to be signed…
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browneyes_eu
New Member
Same situation here (7/28 - interview, 8/4 -bio) :/+CA/8/19 bio / O on my case
This is ridiculous, given that I submitted my package back in March.
Maybe I should just go to FO office in the morning and talk with them while they coming/leaving from work? Don't know what else to do at this stage
Opened a service request and here's the answer I got :
"The status of this service request is:
We are waiting for your Service file to arrive at our office for review before a decision can be made on your case."
A very nice Tier2 representative told me that the officers need to review all previous visas/ US entrances (Tier2 representative example: If you visited the US when you were 7, they need to get those files if you came on a student visa after that - they need to internally receive those files, etc)
I visited the US multiple times on multiple visas (never overstayed). Tier2 representative also confirmed my background check was done and clear
mendokusai
Active Member
Update and new member info of team "stuck in bio"
MA / 8/3 bio / X
WA / 8/3 bio / O
CA / 8/4 bio / O
TX / 8/7 bio / O
TX / 8/13 bio / O
NY / 8/13 bio / X
CA/ 8/19 bio / O
MA / 8/3 bio / X
WA / 8/3 bio / O
CA / 8/4 bio / O
TX / 8/7 bio / O
TX / 8/13 bio / O
NY / 8/13 bio / X
CA/ 8/19 bio / O
Hi Mom, Pending asylum cases not a problem if someone has applied to asylum during the lawful satus. If applied after any status expired then IO cant accept pending asylum status as a valid status. shortly: they dont accept if there is any lack between expiration date of lawful status and asylum application date. this is what io told me.
Sm1smom
Super Moderator
Nope, pending asylum with no other status, regardless of when the asylum application was filed is a problem because ‘asylum pending’ is not a valid status to AOS from. I covered this in one of my earlier responses when I indicated your wife may actually end up not being approved because of that. Here's a couple of quotes from immigration attorney's websites:
"One of the most common misconception is that a person who came to the United States in some legal status (let’s say J1, F1 or B) can create a bridge in his/her legal status with an asylum application necessary for a successful employment based application. I have to disappoint all those who believe that pending asylum application provides any “legal” status in the United States. It does not. All it provides is an “authorized stay”, a permission to stay and at some point engage in employment in the United States.
Asylum pending” in fact is not a legal non-immigrant status necessary for effective change or extension of status, or adjustment of status when there is a gap between the priority date, first legal status and I 485 filing date.
So, let’s say Masha came on a F1 visa on January 1, 2020. Masha’s F1 status expired on June 1, 2020. On May 25, 2020 Masha filed for asylum. On January 1, 2022, while Masha’s asylum application was still pending, Masha found an employer ready to file for green card. Masha was under impression that filing for asylum “saved” her “legal status” in the United States. In fact, it did not. For Masha to receive an employment based green card, she would have to leave the United States and go to a consulate… in a country she was asking asylum from! (most likely)"
Source: Asylum Attorney - Alena Shautsova
"The Misconception About Asylum Seekers
One of the most common misconceptions is that a person who came to the United States in some legal status (let’s say J1, F1 or B) can create a bridge in his/her legal status with an asylum application necessary for a successful employment-based application. I have to disappoint all those who believe that pending asylum application provides any “legal” status in the United States. It does not. All it provides is an “authorized stay”, permission to stay and at some point engage in employment in the United States. “Asylum pending” in fact is not a legal non-immigrant status necessary for effective change or extension of status, or adjustment of status when there is a gap between the priority date, first legal status and I 485 filing date.
So, let’s say Masha came on an F1 visa on January 1, 2020. Masha’s F1 status expired on June 1, 2020. On May 25, 2020, Masha filed for asylum. On January 1, 2022, while Masha’s asylum application was still pending, Masha found an employer ready to file for a green card. Masha was under impression that filing for asylum “saved” her “legal status” in the United States. In fact, it did not. For Masha to receive an employment-based green card, she would have to leave the United States and go to a consulate… in a country she was asking asylum from! (most likely).
The only “positive” in this scenario is that since Masha’s F1 status expired on June 1, 2020, she did not accumulate unlawful presence from that date until her application is denied (if not granted), and she would not be subject 3/10 year bars of unlawful presence if she has to travel outside the United States."
Source: Yekrangi & Associates Website
Sm1smom
Super Moderator
No, they are not the same. National Record Center is a centralized location for managing USCIS generated records:
National Records Center
The NRC is the keystone to USCIS recordkeeping re-engineering effort. Millions of paper records have been centralized into a single, state-of-the-art facility, dramatically improving the integrity of USCIS recordkeeping and cutting the time spent on file retrieval—a vital component of application processing—from weeks and even months to only a few days.
The NRC helps enhance data integrity by ensuring that source records match electronic data files. The NRC began operations in November 1999 to provide records management and information retrieval services, Freedom of Information Act/Privacy Act (FOIA) processing, and immigrant status verification services to benefit-granting agencies and employers.
The NRC is not open to the public and serves an internal record-keeping role for USCIS as well as the role of the main office for the processing of FOIA requests.
Source: USCIS National Records Center
Sm1smom
Super Moderator
Which FO has jurisdiction over your I-485? Also which country are you chargeable to?
Thank you MOM! Do you have any idea, what kind of file IO is requesting?
Sm1smom
Super Moderator
Have you ever applied for any type of immigration benefit from USCIS apart from the pending AOS application?