DV 2021 AOS Only
- Thread starter Sm1smom
- Start date
jasperrrr.c
Active Member
Hi @Dejavu9334!
Just wanted to let you know that @raphael1899 and I both hired lawyers, but unfortunately did not realise that they are not very experienced. It causes a lot of confusion and unneeded debate about what should and what should not be included in our package.
I still keep my lawyers just in case of any hiccups down the line, but generally people on this forum do it themselves. If you do hire one, do your homework first, so you can make sure the lawyer you're interested in actually knows about DV. As for whether they can speed things up, I'll leave it to everyone else to answer that.
Just wanted to let you know that @raphael1899 and I both hired lawyers, but unfortunately did not realise that they are not very experienced. It causes a lot of confusion and unneeded debate about what should and what should not be included in our package.
I still keep my lawyers just in case of any hiccups down the line, but generally people on this forum do it themselves. If you do hire one, do your homework first, so you can make sure the lawyer you're interested in actually knows about DV. As for whether they can speed things up, I'll leave it to everyone else to answer that.
raphael1899
Well-Known Member
Yes, I absolutely agree. In the first post on this thread, it says "The AOS process may initially seem complicated and confusing." I want to emphasize the "initially" part. If you take the time to familiarize yourself with the process, read the whole spreadsheet carefully, and ask any follow-up questions you have here, you can do it without a lawyer. Of course, the final choice is yours, but I quickly realized that, as someone who hired a lawyer, I am an exception because most people go through the process without one.
Sm1smom
Super Moderator
1. Here's what the USCIS Policy Manual says about the so called 90-day rule:
"Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers. However, USCIS officers must examine all of the factors in an applicant’s case. After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States. [9] Officers should carefully assess each situation and continue to evaluate cases for potential fraud indicators. When appropriate, officers should also refer cases to Fraud Detection and National Security, according to existing procedures." USCIS Policy Manual
Basically, I cannot tell you if you need to wait 90 days or not prior to filing AOS, you'll need to decide on that on your own. The IO will review the totality of your case in making a determination as to if you entered the US with the preconceived intent of filing AOS or not. If you're able to demonstrate you did not engage in any form of willful or false misrepresentation when you applied for your NIV, when you were admitted into the US, evidence to back up plans of departing from the US, etc. you generally should be okay regardless of if you waited 90 days or not.
2. We've had applicants whose CN's became current in September (and subsequently filed for AOS in July or August) who successfully completed the process.
3. Nope, having/using a lawyer WILL NOT accelerate the process for a DV based AOS application. If any lawyer tells you they can, they are out-rightly lying to you. FYI - those "4 famous lawyers" were not famous for working on DV related cases until last year as a matter of fact. Most of what they know today about DV (which is actually focused on CP) is courtesy of Simon.
4. See 3 above.
Sm1smom
Super Moderator
You honestly need to relax and continue to exercise some patience. Waiting close to a week after your interview is not that long of a wait. Really! This kind of situation is actually covered on the FAQ section of the AOS spreadsheet you know
QUESTION:
I expected to be approved at the end of my interview, but my IO did not approve the case, why? / How come someone else got approved at the end of their interview and I did not?
ANWER:
Your IO is not obligated/required to issue an approval immediately following your interview. There may be several reasons as to why the IO is yet to approve your case:
1. Your background check clearance is still pending (even if you did your bio several weeks/months before the interview, you may still be subjected to a prolonged background check clearance)
2. Your IO did not request your KCC file ahead of the interview - your application cannot be approved without this KCC file
3. Your IO may be a junior IO, or one who has no experience with DV based AOS cases - the IO will therefore need a supervisory review/approval for your case
4. The IO is unable to retrieve a visa number or is not familiar with how to log into IVAMSWEB to retrieve the visa number
Just be patient! There's plenty of time left to get approved before the FY is over.
thanks - trying to save some time for FTJ
Hello, welcome to the forum. I am glad to see you took my advice and joined, you will find much greater advice here than on reddit (I did, as you know).
Sm1smom
Super Moderator
1. Yes, DS260 submission demonstrates an immigrant intent.
2. AOS fee payment or AOS package submission (in addition to demonstrating an immigrant intent) demonstrates an intent to process AOS. So the non payment or non submission of the AOS package does not invalidate the already demonstrated intent with the DS260 submission.
FORESTWOOD
New Member
Hello,
I have a question in regards to receiving a 2NL.
I recently wrote KCC to inform them of my change from a CP application process to AOS. They wrote me back a week later (see message below), confirming receipt of my change to AOS. Does this qualify as my 2NL or how and when will I be able to receive this form? I am unsure about what the process is to receive the 2NL form after having notified KCC about my change from CP to AOS. I hope you can help clarify. Thank you
Based on the information you have provided, your interview location has been changed from ******** to Adjustment of Status. The new interview location will not appear on your DS-260, but will be used by KCC for scheduling purposes. When we have scheduled your interview, you will be required to log into the Entrant Status Check (ESC) to view your appointment notification. At that time, please verify that your appointment is scheduled for the correct post. If for any reason it is not, you may contact KCC again at K****@*****.***. You will also need to request that KCC unlock your DS-260, so that you can update your application with your new address. (Please note that Post Office Boxes and mailing addresses in care of another person do not justify a change of interview location.)
I have a question in regards to receiving a 2NL.
I recently wrote KCC to inform them of my change from a CP application process to AOS. They wrote me back a week later (see message below), confirming receipt of my change to AOS. Does this qualify as my 2NL or how and when will I be able to receive this form? I am unsure about what the process is to receive the 2NL form after having notified KCC about my change from CP to AOS. I hope you can help clarify. Thank you
Based on the information you have provided, your interview location has been changed from ******** to Adjustment of Status. The new interview location will not appear on your DS-260, but will be used by KCC for scheduling purposes. When we have scheduled your interview, you will be required to log into the Entrant Status Check (ESC) to view your appointment notification. At that time, please verify that your appointment is scheduled for the correct post. If for any reason it is not, you may contact KCC again at K****@*****.***. You will also need to request that KCC unlock your DS-260, so that you can update your application with your new address. (Please note that Post Office Boxes and mailing addresses in care of another person do not justify a change of interview location.)
Update on my money order for DV administrative fee. My money order just cashed today. I put payable to "U.S. Department of State Diversity Visa Program."
So for future reference, I think payable to either "U.S. Department of State Diversity Visa Program" or "U.S. Department of State" will work!
So for future reference, I think payable to either "U.S. Department of State Diversity Visa Program" or "U.S. Department of State" will work!
raphael1899
Well-Known Member
Awesome. When did you send it?
Sm1smom
Super Moderator
AOS 2NL = KCC’s acknowledgment of a selectee’s plan to process AOS. That is all it is. It is not a form. So consider that email your 2LN
Sm1smom
Super Moderator
I get it. Just give it one to two more weeks for now. By the way, did your IO confirm if your background check had cleared as at the time of your interview?
I sent it on March 20.
jewelmerit1995
Active Member
HappyDV2021
Active Member
Could you please add your dates to the timelines spreadsheet? It would greatly help everyone waiting for their approval after the interview.
HappyDV2021
Active Member
Did the officer update your name during the interview? I see, that you have been waiting almost 2 weeks for your approval. Maybe they have to redo a background check, the same as they are doing in my case. Because my name was updated during the interview and officer had to run a background check once again.
I am also wondering, how much time will approval take? Because if my name was not updated, I know, that my background check has been finished and cleared.
I had other names listed on the i485
He did not explicitly mention about it - he only mentioned that once the KCC file is here he can go ahead and approve ..