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DV 2021 AOS Only

Hi all,

My AOS package arrived on Jun 4 and the personal check of $1225 has not been cashed as of today (Jun 24), neither have I received the text message or email. Packages that have arrived before and after mine were/are being cashed last week and this week, with the lastest of them having arrived on Jun 9. I am very sure that:

1. the check I submitted is associated with my checking account instead of savings account
2. there's no mistake in writing the check (I wrote it following the USCIS tutorial and checked multiple times before sending. I also wrote the check for OPT in March. It was all good and I now have my EAD card)
3. To avoid overdraft, I've prepared more than $2500 in my checking account and have not touched it since Jun 4

I've also tried calling USCIS customer service but the robot wouldn't let me speak to a representative.

What might be causing the delay which seems to happen only to me? What can I do to get my case moving forward?

Thank you!
 
DV2021winnercouple said:
Yes, that's right. We have the following complicating factors.
1. We have a pending "decision" asylum application and our legal status expired two years after the interview. we are hoping for the "technical exception".
2. My husband's prior BCG vaccine showed TB trace in the blood and not in the X-ray. The CS requires him to take treatment and the econ professor is refusing to do so due to possible effects on the liver. It's like asking someone to remove their COVID Vaccine by using another toxic drug cocktail. The CS did sign but on the condition that he continue treatment. We received a call from the health department about it and have not yet accepted the medication which is administered by nurses on a live cam - to make sure that you do swallow the drug. Can we legally swap the medical or do you see any solution?
3. My son is registered in the DS-260 and we have not paid a DV fee for him because he is a USC. Can I just go ahead and pay to avoid possible delays?
4 Due to the anticipated delay after the AOS interview and given that we received fingerprint waiver letter on 04/22 I submitted a service request today and am also submitting a congressional inquiry.

I am sorry for the lengthy writing.
Thanks,
Click to expand...
how were you able to submit the e-request. Mine says error when i try to do that and live chat agent says its because its within processing time
 
Mom and others,

My husband was arrested and charges dropped a few years ago. Form i485 states this:
"A. If you were EVER arrested or detained by a law enforcement officer for any reason anywhere in the world, including the United States, and no criminal charges were filed, you must submit: (1) An original or certified copy of the complete arrest report; and (2) Either an official statement by the arresting or detaining agency or prosecutor’s office OR an applicable court order that indicates the final disposition of your arrest or detention;"

Now for his initial O1 Visa and then E3D, he submitted the court records and final disposition and that was sufficient for USCIS. He wasn't asked to submit the arrest report. He doesn't have it and at this stage it will take too long to get them to send it from Australia. Do you think what he submits is enough or could our package be rejected because of this? Have you seen this happen before? Thanks so much.

Edit: If we get it sent in the meantime then perhaps we can include a note saying that we will bring the arrest report to the interview?
 
DV2021winnercouple said:
Yes, that's right. We have the following complicating factors.
1. We have a pending "decision" asylum application and our legal status expired two years after the interview. we are hoping for the "technical exception".
2. My husband's prior BCG vaccine showed TB trace in the blood and not in the X-ray. The CS requires him to take treatment and the econ professor is refusing to do so due to possible effects on the liver. It's like asking someone to remove their COVID Vaccine by using another toxic drug cocktail. The CS did sign but on the condition that he continue treatment. We received a call from the health department about it and have not yet accepted the medication which is administered by nurses on a live cam - to make sure that you do swallow the drug. Can we legally swap the medical or do you see any solution?
3. My son is registered in the DS-260 and we have not paid a DV fee for him because he is a USC. Can I just go ahead and pay to avoid possible delays?
4 Due to the anticipated delay after the AOS interview and given that we received fingerprint waiver letter on 04/22 I submitted a service request today and am also submitting a congressional inquiry.

I am sorry for the lengthy writing.
Thanks,
Click to expand...
2. You cannot legally swap the medical report (AFAIK). The refusal to take the TB treatment is a separate issue with the health department which you guys will need to work out a solution on. You submitted a valid medical report, albeit with a conditional statement, your IO is not going to have a problem with that.
3. Not something I will recommend, there's no point throwing money away needlessly. If you haven't informed KCC your son is already a USC, you need to email and inform them, if you want to be proactive. But if you feel better paying, then go ahead and do so.
 
GCholdertobe said:
Hi all,

My AOS package arrived on Jun 4 and the personal check of $1225 has not been cashed as of today (Jun 24), neither have I received the text message or email. Packages that have arrived before and after mine were/are being cashed last week and this week, with the lastest of them having arrived on Jun 9. I am very sure that:

1. the check I submitted is associated with my checking account instead of savings account
2. there's no mistake in writing the check (I wrote it following the USCIS tutorial and checked multiple times before sending. I also wrote the check for OPT in March. It was all good and I now have my EAD card)
3. To avoid overdraft, I've prepared more than $2500 in my checking account and have not touched it since Jun 4

I've also tried calling USCIS customer service but the robot wouldn't let me speak to a representative.

What might be causing the delay which seems to happen only to me? What can I do to get my case moving forward?

Thank you!
Click to expand...
Although USCIS response time is getting faster, I don't think you should worry yet. Just less than half a month ago, the response time was over 20 days. I was worried myself because other people were receiving notices sooner than me but it came through not too long after. I'd give it till Monday.
 
GCholdertobe said:
Hi all,

My AOS package arrived on Jun 4 and the personal check of $1225 has not been cashed as of today (Jun 24), neither have I received the text message or email. Packages that have arrived before and after mine were/are being cashed last week and this week, with the lastest of them having arrived on Jun 9. I am very sure that:

1. the check I submitted is associated with my checking account instead of savings account
2. there's no mistake in writing the check (I wrote it following the USCIS tutorial and checked multiple times before sending. I also wrote the check for OPT in March. It was all good and I now have my EAD card)
3. To avoid overdraft, I've prepared more than $2500 in my checking account and have not touched it since Jun 4

I've also tried calling USCIS customer service but the robot wouldn't let me speak to a representative.

What might be causing the delay which seems to happen only to me? What can I do to get my case moving forward?

Thank you!
Click to expand...
Go through copies of your submitted forms, do a thorough review to ensure your forms were properly filled out and signed. That is one of the ways you can use in self-confirming if you're facing a rejection or not. Other than that, you'll just need to be a bit more patient. Some folks experienced and posted about a similar delay not too long, and I noticed some of them started posting about receiving the acceptance notifications from yesterday.
 
elisap said:
Mom and others,

My husband was arrested and charges dropped a few years ago. Form i485 states this:
"A. If you were EVER arrested or detained by a law enforcement officer for any reason anywhere in the world, including the United States, and no criminal charges were filed, you must submit: (1) An original or certified copy of the complete arrest report; and (2) Either an official statement by the arresting or detaining agency or prosecutor’s office OR an applicable court order that indicates the final disposition of your arrest or detention;"

Now for his initial O1 Visa and then E3D, he submitted the court records and final disposition and that was sufficient for USCIS. He wasn't asked to submit the arrest report. He doesn't have it and at this stage it will take too long to get them to send it from Australia. Do you think what he submits is enough or could our package be rejected because of this? Have you seen this happen before? Thanks so much.

Edit: If we get it sent in the meantime then perhaps we can include a note saying that we will bring the arrest report to the interview?
Click to expand...
The package will not get rejected because of the missing police report, the Chicago Lockbox will not be on the lookout for it. It is the IO who will fully review the application that may call out the missing report. So don't bother including any form of explanatory note. You should plan on getting it though and be prepared to present it when you go for your interview.
 
Sm1smom said:
The package will not get rejected because of the missing police report, the Chicago Lockbox will not be on the lookout for it. It is the IO who will fully review the application that may call out the missing report. So don't bother including any form of explanatory note. You should plan on getting it though and be prepared to present it when you go for your interview.
Click to expand...
Phew! Thanks so much mom :) we are definitely getting it sent.
 
teitake said:
Although USCIS response time is getting faster, I don't think you should worry yet. Just less than half a month ago, the response time was over 20 days. I was worried myself because other people were receiving notices sooner than me but it came through not too long after. I'd give it till Monday.
Click to expand...
Got it. Thanks!
 
Sm1smom said:
Go through copies of your submitted forms, do a thorough review to ensure your forms were properly filled out and signed. That is one of the ways you can use in self-confirming if you're facing a rejection or not. Other than that, you'll just need to be a bit more patient. Some folks experienced and posted about a similar delay not too long, and I noticed some of them started posting about receiving the acceptance notifications from yesterday.
Click to expand...
Thank you Mom. I went through all the documents and they were all properly prepared. I'll give it another week and see what happens. Hopefully I'll have good news to share by then.
 
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...
So sorry to hear that !!!!
Did you get the text messages with case numbers and NOA as well and this happened afterward?
 
Last edited:
dapapa said:
I bet everyone here who is waiting would be thrilled to get to know about that more!
Click to expand...
My friends attorney also submitted a "USCIS Service Request" for her (after waiting for like 6 weeks since acceptance). It'd be nice if we know about the available tools @ this stage.

- Requesting Tier 2 (after @ least 6 weeks from acceptance) >> Followed by Congressional inquiry >> Followed by Ombudsman inquiry (last option!)
- FO Inquiry (asking Emma/Tier 1 to do this?!); I'm not sure about the details though. Any idea about this one?!
- Expedite/Service requests?!
- Anything else?!

Thanks to all who'd share any experience with us.
 
I’d be interested if the poster could clarify if the IO being “aware” of the expedite request is the same as actually acting on it - considering it was a second request if I understood right? How did this timeline compare to others at the same FO?
 
SusieQQQ said:
I’d be interested if the poster could clarify if the IO being “aware” of the expedite request is the same as actually acting on it - considering it was a second request if I understood right? How did this timeline compare to others at the same FO?
Click to expand...
Plus it looks like "expedite request" is being loosely used by some here.
 
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.

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.
Click to expand...
I also received the denied letter yesterday June 23th because of early filing. so sad...
my case is AS117XX, was at Chacigo lockbox on April 22.
as you said @Sm1smom , what is the best way to do next? resending the AOS package again? or file motion to reopen if possible? I send mail to my congressman if he can help this not sure if helps.
 
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