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DV 2021 AOS Only

ritallight

Active Member
Bizarre interview experience!

No wait, nice IO, straight forward a couple of Y/N questions.....Everything was perfect but IO insisted that J visa 2 year requirement should be consecutive. I told her it is cumulative. She said since I didn't bring 'PROOF OF REGULATION', she can't approve my AOS! For one hour I tried to explain 212(e). Also, I tried time sensitivity and FTJ arguments. But she said she would look into it and gave me a letter saying "your case is being held for review". She looked very sincere when she said she would do her best. But she also said there are many people waiting for interview, she doesn't know when she can do it. I am assuming she has to do it at some point, right?

@Sm1smom or anyone who can guide me: What do you think I should do? Wait and see if IO can find the regulations or try to make an InfoPass appointment? Or else? In both cases, I think I lost FTJ chance.

Thanks

So, if you ever held J visa, bring 212 (e) along with country entry-exit records. Looks like USCIS staff do not know much about their own regulations.
Hi Xenobia, dont worry, if she said she would do her best she will check the regulation, you ll be fine, paciencia
 

jeylohnen

Active Member
Bizarre interview experience!

No wait, nice IO, straight forward a couple of Y/N questions.....Everything was perfect but IO insisted that J visa 2 year requirement should be consecutive. I told her it is cumulative. She said since I didn't bring 'PROOF OF REGULATION', she can't approve my AOS! For one hour I tried to explain 212(e). Also, I tried time sensitivity and FTJ arguments. But she said she would look into it and gave me a letter saying "your case is being held for review". She looked very sincere when she said she would do her best. But she also said there are many people waiting for interview, she doesn't know when she can do it. I am assuming she has to do it at some point, right?

@Sm1smom or anyone who can guide me: What do you think I should do? Wait and see if IO can find the regulations or try to make an InfoPass appointment? Or else? In both cases, I think I lost FTJ chance.

Thanks

So, if you ever held J visa, bring 212 (e) along with country entry-exit records. Looks like USCIS staff do not know much about their own regulations.
how will you make an infopass appointment? I thought they got rid of infopass that is non-emergency
 

ssdew

Member
Hi @DD2021
I see you went for bio walk-ing right after your interview on the same day (we also had our interview on Aug 2nd). But your (and ours) scheduled bio-appointment is somewhere on August 30th. Are there any updates after your bio has been taken? @coffeemonster did the bio-walk-ing but has no update yet. I am wondering about your situation.
 

Sm1smom

Super Moderator
Bizarre interview experience!

No wait, nice IO, straight forward a couple of Y/N questions.....Everything was perfect but IO insisted that J visa 2 year requirement should be consecutive. I told her it is cumulative. She said since I didn't bring 'PROOF OF REGULATION', she can't approve my AOS! For one hour I tried to explain 212(e). Also, I tried time sensitivity and FTJ arguments. But she said she would look into it and gave me a letter saying "your case is being held for review". She looked very sincere when she said she would do her best. But she also said there are many people waiting for interview, she doesn't know when she can do it. I am assuming she has to do it at some point, right?

@Sm1smom or anyone who can guide me: What do you think I should do? Wait and see if IO can find the regulations or try to make an InfoPass appointment? Or else? In both cases, I think I lost FTJ chance.

Thanks

So, if you ever held J visa, bring 212 (e) along with country entry-exit records. Looks like USCIS staff do not know much about their own regulations.
It's really not a case of USCIS staff not knowing about their own regulations. IMO, the onus was on you to have gone in adequately prepared to demonstrate you've completed the 2 year HRR - considering you did not meet this requirement consecutively. The IOs are more familiar with people presenting waivers or evidence of consecutive completion - as in they are more used to straight forward situations. They deal with a lot of cases with all sorts of different nuances, they can't be expected to know the details of all the regulations in their head, hence her telling you she needed to research your claim. If only you had attended your interview with the INA printout which supports your claim.

Yes, she will look into it. So you just need to be patient for now. Give it a couple of weeks.
 

Xenobia

Member
It's really not a case of USCIS staff not knowing about their own regulations. IMO, the onus was on you to have gone in adequately prepared to demonstrate you've completed the 2 year HRR - considering you did not meet this requirement consecutively. The IOs are more familiar with people presenting waivers or evidence of consecutive completion - as in they are more used to straight forward situations. They deal with a lot of cases with all sorts of different nuances, they can't be expected to know the details of all the regulations in their head, hence her telling you she needed to research your claim. If only you had attended your interview with the INA printout which supports your claim.

Yes, she will look into it. So you just need to be patient for now. Give it a couple of weeks.
Thank you for your response. IO said the same thing. She is not familiar with a J -2 year rule case like mine which is 18 months + 3 months + 3 months. She found my claim interesting and wrote 'consecutive vs cumulative' on a blue paper. She even thanked me for pointing out 'consecutiveness is not necessary'.

I should have brought the INA!
 

jeylohnen

Active Member
Hello mom,
I read somewhere that USCIS usually replies to congressional inquiry within 30 days. Is that still the case? I talked to a lawyer today who suggested threatening a mandamus but since I have less than 60 days they might never act on time on a mandamus. I am waiting on tier 2 call request placed last month and the congressional inquiry which USCIS replied back that they received on 7/30 that is about 25 days passed. I submitted a request to one of the senators in my state by filling the forms and sending via email and they have not even opened the email (included the read notice reply so I can tell when they read the email).
NOA 05/02
BIO 08/02
 

SusieQQQ

Well-Known Member
Hello mom,
I read somewhere that USCIS usually replies to congressional inquiry within 30 days. Is that still the case? I talked to a lawyer today who suggested threatening a mandamus but since I have less than 60 days they might never act on time on a mandamus. I am waiting on tier 2 call request placed last month and the congressional inquiry which USCIS replied back that they received on 7/30 that is about 25 days passed. I submitted a request to one of the senators in my state by filling the forms and sending via email and they have not even opened the email (included the read notice reply so I can tell when they read the email).
NOA 05/02
BIO 08/02

Your lawyer explained to you that a mandamus just forces a decision, and it does not have to be a decision in your favor, correct?
 

Sm1smom

Super Moderator
Hey folks who already attended the interview at the Cleveland OH FO - is the name of the FO director listed on your IL? If yes, what is the name?
 

Sm1smom

Super Moderator
Hello mom,
I read somewhere that USCIS usually replies to congressional inquiry within 30 days. Is that still the case? I talked to a lawyer today who suggested threatening a mandamus but since I have less than 60 days they might never act on time on a mandamus. I am waiting on tier 2 call request placed last month and the congressional inquiry which USCIS replied back that they received on 7/30 that is about 25 days passed. I submitted a request to one of the senators in my state by filling the forms and sending via email and they have not even opened the email (included the read notice reply so I can tell when they read the email).
NOA 05/02
BIO 08/02
Per the linked USCIS Congressional Inquiry Refresher, yes USCIS strive to respond to written enquiries within 30 calendar days. It is possible the senator's office already read your email but decided against sending the read notice reply (personally, I tend to ignore a read receipt request when I get emails with such requests).
 

Gnignia

Member
Hello mom,
I read somewhere that USCIS usually replies to congressional inquiry within 30 days. Is that still the case? I talked to a lawyer today who suggested threatening a mandamus but since I have less than 60 days they might never act on time on a mandamus. I am waiting on tier 2 call request placed last month and the congressional inquiry which USCIS replied back that they received on 7/30 that is about 25 days passed. I submitted a request to one of the senators in my state by filling the forms and sending via email and they have not even opened the email (included the read notice reply so I can tell when they read the email).
NOA 05/02
BIO 08/02
Hi Jeylohnen. I see you are in Ohio as well. Which senator did you send your request to? I've sent mine a week ago and haven't heard anything. I filed the electronic one. NOA 06/08 no bio or interview yet.
 

jeylohnen

Active Member
Hi Jeylohnen. I see you are in Ohio as well. Which senator did you send your request to? I've sent mine a week ago and haven't heard anything. I filed the electronic one. NOA 06/08 no bio or interview yet.
I sent the electronic one to senator Sherrod Brown. I went to his Cleveland office last week and it was closed. Which field office is working on your case? let me DM you.
 

DD2021

Member
Hi @DD2021
I see you went for bio walk-ing right after your interview on the same day (we also had our interview on Aug 2nd). But your (and ours) scheduled bio-appointment is somewhere on August 30th. Are there any updates after your bio has been taken? @coffeemonster did the bio-walk-ing but has no update yet. I am wondering about your situation.
No update on my side yet. Still says " Interview was completed and my case must be reviewed". During the interview, my IO told me that he will approve my case as soon as my background check is cleared which would take no more than 48 hours he said. He also said that he is aware of the time sensitivity of the DV cases and he will keep my documents in his cabinet and on September 1st he will look at it, which is 48 hours after the planned bio date. So I am patiently waiting until the end of September for an update, if not I will initiate a congressional inquiry. I wish all of us good luck in this nerve-racking process.
 

ssdew

Member
No update on my side yet. Still says " Interview was completed and my case must be reviewed". During the interview, my IO told me that he will approve my case as soon as my background check is cleared which would take no more than 48 hours he said. He also said that he is aware of the time sensitivity of the DV cases and he will keep my documents in his cabinet and on September 1st he will look at it, which is 48 hours after the planned bio date. So I am patiently waiting until the end of September for an update, if not I will initiate a congressional inquiry. I wish all of us good luck in this nerve-racking process.
Thanks for the update. This is exactly what he told me!! We might have had the same officer. Let's hope he will be taking care of this on Sep 1st. Good luck !!!
 
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