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DV 2021 AOS Only

Long time lurker, first time poster.

I had grown tired of all the paperwork that I've had to file over the last 10 years across 1xL-1, 5xE-3, and 2xH-1B visas and entered the DV lottery in 2020 and 2021. Like you all, I was selected for DV2021, however, to complicate the journey, Hong Kong special status was revoked and the lawyers I had asked didn't have a good answer on whether my selection would be "grandfathered" in. In any case, I bit the bullet an engaged a lawyer to support my application.

On Tuesday, as a result of a congressional case work inquiry, I was informed by the senator's staff that the IO/FO determined that the interview could be waived. I didn't believe it so I actually went and checked the case status and asked live chat and both confirmed that a Green Card was in production. Case status flipped over to Approved overnight and the next day there was a USPS tracking number... I'm expecting my GC in the mail in the next few days!

Like you all, it has been a process... mostly a nervous waiting game. I did not receive my bio appointment letter until late July for a mid-August appointment. There was also no sign that an interview was being scheduled, so I had been following up with online chat (about once a week since mid July) and my lawyer had separately filed a inquiry with the ombudsman and requested a tier 2 follow up.

Once I completed my biometric appointment, I checked again with online chat to see whether an interview had been scheduled and it hadn't. With the tier 2 and ombudsman inquiry still outstanding and a little over a month remaining in the fiscal year, I felt that it was not unreasonable to reach out for congressional inquiry/case work support/constituent services from the senator's office.

I contacted the senator's office and spoke with a really nice person who took my details and asked me to explain the urgency of the situation and after the weekend they sent me several forms to complete. I don't know what the usual turn around time is, however, I sent the forms back on Monday after business hours and by noon on Tuesday she had filed an inquiry with USCIS. By close of business Tuesday afternoon, she had gotten back to me that the IO can choose to waive the interview, and that they had done that. USCIS also indicated that the FO only received the case a few days ago and were coordinating with KCC on transferring paperwork/information and that the remaining administrative steps should be complete over the next few days and the application would be adjudicated before the end of the fiscal year.

So imagine my surprise when the case status flipped over to card production after I checked that evening!

I can only speak from my own experience and situation, however, and while I have some doubt that asking for "Help with a federal agency" from a congressperson helped move the case forward, they were able to give me the information I was looking for. If I can give any advice, I would say, don't just file the forms with constituent services or send an email, try and speak to a person, particularly given we are starting to run out of time.

Good luck to everyone still waiting and hang in there!

I have requested access to the spreadsheet and will fill in my dates for anyone who is interested.
Can you please tell me how to contact my congressman?
 
I don't have an EAD yet.
Have you already received an answer to the interview? I am also in the status of asylum and also was interviewed on August 12, my case is also being requested for verification, and there is still no answer. This is a nervous anticipation. I wish you a successful birth.
 

Xenobia

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.
 

Nanamizuki

Active Member
interview is completed.
9:45AM: enter the FO
10AM: start interview (wife, me, son) *wife is main applicant and she doesn't working and our status is E2VISA from my company.
11AM: interview finished and we couldn't hearing "your case is approved"...
we just received attached file for NOTICE OF INTERVIEW RESULTS. I hope, this letter is general letter...
Could you please let me know about this letter mean.

IO is looks like young guy. he is friendly and polite.
His questions are very simple as following.
name, address, last entry date in the US, birth of date, birth place, and Y/N questions(all answers are No)

that's all. finally we talked a little Japanese culture about Anime lol (he can speak Japanese and we are Japanese!)

I just waiting update... if I get any update I will let you know.
Thank you for all member.
IMG_6489.jpg
 

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?
 
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