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DV 2021 AOS Only

Hey guys, so this is what happened to me.
My CN is EU29XXX. All EU numbers went current in June and I could see that on April 20th.
I did early filing and sent my I-485, it was at Chicago lockbox on April 30. They accepted my package on May 28th.

Today June 23rd I received a "Decision letter" from USCIS service center in the city where I live. They said they are denying my I-485 application because of early filing. I didn't even know it could happen once they have accepted the package at the lockbox.

They said in the letter that I can NOT appeal but if I believe the decision is an error I can file a motion to reconsider the decision.
I just wanted to share my story and also ask if anyone here has heard of/experience this and what the chances are to get the motion reconsidered and approved?

Any tips or advice are very appreciated.
 
I think I made a huge mistake for waiting for my CN to be current in June.
I already have other documents ready and after checking other's timeline, I don't think I can wait for the DV receipt.
My check was cashed on 06/13/2021
Should I send the AOS package right now or should I wait for the receipt?
 
SELisa said:
Hey guys, so this is what happened to me.
My CN is EU29XXX. All EU numbers went current in June and I could see that on April 20th.
I did early filing and sent my I-485, it was at Chicago lockbox on April 30. They accepted my package on May 28th.

Today June 23rd I received a "Decision letter" from USCIS service center in the city where I live. They said they are denying my I-485 application because of early filing. I didn't even know it could happen once they have accepted the package at the lockbox.

They said in the letter that I can NOT appeal but if I believe the decision is an error I can file a motion to reconsider the decision.
I just wanted to share my story and also ask if anyone here has heard of/experience this and what the chances are to get the motion reconsidered and approved?

Any tips or advice are very appreciated.
Click to expand...
I'm very sorry to hear this.

I've no experience on this, but I believe you can just file another AOS package. Only difference is that you would say yes to the question of have you ever been denied a GC. I believe that filing a motion to reconsider the decision would take forever and is a lost cause. You should make your payments again but I think your $330 DOS payment should still be good to go.
 
SELisa said:
Hey guys, so this is what happened to me.
My CN is EU29XXX. All EU numbers went current in June and I could see that on April 20th.
I did early filing and sent my I-485, it was at Chicago lockbox on April 30. They accepted my package on May 28th.

Today June 23rd I received a "Decision letter" from USCIS service center in the city where I live. They said they are denying my I-485 application because of early filing. I didn't even know it could happen once they have accepted the package at the lockbox.

They said in the letter that I can NOT appeal but if I believe the decision is an error I can file a motion to reconsider the decision.
I just wanted to share my story and also ask if anyone here has heard of/experience this and what the chances are to get the motion reconsidered and approved?

Any tips or advice are very appreciated.
Click to expand...
I’m sorry to learn your case has been denied due to early filing. I’m surprised you had no idea it could still be denied by the FO after it had been accepted by the Chicago Lockbox - I’m surprised because the AOS process spreadsheet extensively talks about these two different scenarios! Anyway, that is currently irrelevant.

Yes there have been a few reports of similar cases in the past. When it was possible to visit the FO on a drop in basis, or even when self scheduled INFOPASS appointment option was available, those applicants were able to go to the FO and plead their cases in person which subsequently led to a reversal of the denied decision.

In some cases prior to the denial decision being issued, some IOs would reach out and let the applicant know in advance their application will be denied due to early filing. This gave the applicants the opportunity to also plead their case in writing by providing documentation to justify the early filing which subsequently leads to their cases being approved.

Last FY (and maybe the year before?) I recollect a couple of similar denials. Those applicants basically had to re-file after the initial denial. They fortunately had enough time and we’re still in a valid status which enabled them to do so. They were subsequently approved.

I’ve written everything above simply to say yes, it has happened before but you can forget about filing a motion to reconsider. Such filings do not get expedited as they do not take into consideration the fact that a DV based AOS is time sensitive. By the time a decision gets made, your FY will long be over, so even if they admit the denial was erroneous, they will not be able to issue you with a GC because of the time limitation.

I don’t know if your current status has already expired, I seem to recall you previously stated it expires in June. If it hasn’t, and you’re able to quickly put a new package together before it does, then consider sending in a new application right away. If it has already expired, you unfortunately cannot file a new application based on your being in AOS pending - yes, I recall you also have a marriage based AOS application in the system (unless you already withdrew that?). In which case you’ll just have to patiently wait for the outcome of that application.
 
Sm1smom said:
I’m sorry to learn your case has been denied due to early filing. I’m surprised you had no idea it could still be denied by the FO after it had been accepted by the Chicago Lockbox - I’m surprised because the AOS process spreadsheet extensively talks about these two different scenarios! Anyway, that is currently irrelevant.
Click to expand...
Dear Mom,

Do Chicago lockbox staff also scan the early filling memo and the cover letter or they just scan the required documents and discard the rest? I'm wondering if IO will see those.

@SELisa May I ask if you included any of "early filling memo/visa availability/cover letter with explanation on early filling" in your package?
 
Emmanuel Kay said:
Thanks you all, really appreciate the comments on this platform. I read every comment and set it into my situation. I made an expedite request 2 times. Got interviewed today and was approved on the spot. The IO was from my country
Click to expand...
Lol. Im soo happy Mom and susie Are the best and pro in DV AOS and better than some lawyers ❤️. Thank you I completed this process in 4month because I took every comment serious.
 
Blade_ said:
Dear Mom,

Do Chicago lockbox staff also scan the early filling memo and the cover letter or they just scan the required documents and discard the rest? I'm wondering if IO will see those.

@SELisa May I ask if you included any of "early filling memo/visa availability/cover letter with explanation on early filling" in your package?
Click to expand...
Those get discarded AFAIK.
 
SELisa said:
Hey guys, so this is what happened to me.
My CN is EU29XXX. All EU numbers went current in June and I could see that on April 20th.
I did early filing and sent my I-485, it was at Chicago lockbox on April 30. They accepted my package on May 28th.

Today June 23rd I received a "Decision letter" from USCIS service center in the city where I live. They said they are denying my I-485 application because of early filing. I didn't even know it could happen once they have accepted the package at the lockbox.

They said in the letter that I can NOT appeal but if I believe the decision is an error I can file a motion to reconsider the decision.
I just wanted to share my story and also ask if anyone here has heard of/experience this and what the chances are to get the motion reconsidered and approved?

Any tips or advice are very appreciated.
Click to expand...
I am sorry to hear about this outcome in your case. I hope you'll be able to send a new package or that the other pending AOS application you have will get you your visa.
 
Emmanuel Kay said:
Lol. Im soo happy Mom and susie Are the best and pro in DV AOS and better than some lawyers ❤️. Thank you I completed this process in 4month because I took every comment serious.
Click to expand...
Congratulations. Can you confirm, you first package did get rejected due to your use of expired form, (in addition to the package going "missing" per USPS tracker for a period of time) right?
 
Emmanuel Kay said:
Thanks you all, really appreciate the comments on this platform. I read every comment and set it into my situation. I made an expedite request 2 times. Got interviewed today and was approved on the spot. The IO was from my country lol
Click to expand...
Extremely happy for you!
 
Emmanuel Kay said:
Thanks you all, really appreciate the comments on this platform. I read every comment and set it into my situation. I made an expedite request 2 times. Got interviewed today and was approved on the spot. The IO was from my country lol
Click to expand...
Congratulations!! I am considering making an expedite request too since I don't even have the bio letter and the clock keeps ticking, did yours get approved?
 
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