DV 2022 AOS (Adjustment of Status) Only

[Sm1smom]

True. However, I was hoping to ask them. Since USCIS has a kind of similar situation for the NIW process, the applicant can request an expedited review. I know that applicant must have a reasonable cause to be accepted by USCIS. Also, the process time line provided by USCIS is important. I just hoped to have the same thing for DV cases.. Thank you for your help.

Isn't there an additional filing fee of $2,500 for requesting a NIW premium processing? I'm not even sure what the NIW premium/expedited process has to do with the DV based AOS processing considering USCIS already made provision for an EAD to be filed (free of charge) with the I-485, and expedited processing could be requested for the EAD (again, free of charge) due to severe financial loss - (job loss has been known to fall under this category as previously explained).

USCIS does not need to approve a pending GC application in other for an applicant to work or not loose their current employment. An approved work permit is what is required while the GC application is pending, and USCIS already made the necessary provision for that since they are aware the GC approval process in general could potential drag on for a long period.

Anyway, you're free to ask them as planned. Do keep us posted as to the outcome of the request, other members may be able to benefit from it in the future.

By the way, considering you have a NIW pending from 2021, why are you not expediting that as against trying to expediting the DV based AOS application if the process for both are similar per your understanding?

 

[Sm1smom]

Thank you for your response. I haven't had a chance to talk to a Tier 2 officer yet, unfortunately. However, I chatted with Emma twice. In the first chat, I was told "The Nebraska Office is aware of the case being sent to the NBC. You will need to just wait for it to be transferred." and in the second chat I was told that I have to make a transfer request and see if it is accepted or not, however, they didn't respond how I can make a transfer request.

Unfortunately, I haven't received the biometric notice yet. I'd like to ask how I can make a transfer request? Moreover, can I just send another I-485 package (again with new I-693 and checks) which hopefully this time it is transferred to NBC? Is it possible two have I-485 packages with the same underlying reason?

When you say you haven't had a chance to talk to a Tier 2 officer yet, do you mean you haven't had a chance to connect with a person on the phone or the Tier 2 officer is yet to call you back? Being scheduled for a Tier 2 call back requires a lot of persistence, and constant trying till you get a Tier 1 agent who is willing to schedule a Tier 2 agent call back.

They did not provide further guidance on how to make a case transfer request because they do not know if there's indeed such a process in place, even though they told you to do that. I'm not aware of a transfer request from one processing center to another could be requested by an applicant. AFAIK transfer from one service center to another is an internal process done at USCIS's discretion to balance workload.

I wouldn't recommend sending in another AOS package at this point, having 2 AOS applications with the same underlying reason in the system at the same time could lead to some additional delays/confusion. This is something I would only do as a last resort if I was in your shoes. Because of the uniqueness of your case, I think initiating a congressional case follow-up assistance at this point is not too early. If you decide to go this route, you will need to clearly explain your situation to the congressional staff, they need to understand USCIS seems to be treating your DV based AOS application as your NIW application. You need their assistance with finding out where your AOS application is at, your FO, NBC or Nebraska? You also need to let them know about the time sensitivity of DV based cases, and that similar cases filed around the same time as yours have already received the bio appointment notice while you haven't received anything.

 

[stephanieanne]

@Sm1smom thank you in advance for all your help!
When filling out the I-485 and the form asks under the section "What is your immigrant category"
3. "Receipt number of underlying petition (if any)" and
4. "Priority date from underlying petition (if any)"

Is this the current active visa we have already approved i.e O-1 Visa or do we put our DV lottery case number or something else?

Thank you!

 

[Sm1smom]

@Sm1smom thank you in advance for all your help!
When filling out the I-485 and the form asks under the section "What is your immigrant category"
3. "Receipt number of underlying petition (if any)" and
4. "Priority date from underlying petition (if any)"

Is this the current active visa we have already approved i.e O-1 Visa or do we put our DV lottery case number or something else?

Thank you!

DV based AOS application has no underlying petition receipt number or priority date associated with the underlying petition.

 

[Supernova_]

When you say you haven't had a chance to talk to a Tier 2 officer yet, do you mean you haven't had a chance to connect with a person on the phone or the Tier 2 officer is yet to call you back? Being scheduled for a Tier 2 call back requires a lot of persistence, and constant trying till you get a Tier 1 agent who is willing to schedule a Tier 2 agent call back.

They did not provide further guidance on how to make a case transfer request because they do not know if there's indeed such a process in place, even though they told you to do that. I'm not aware of a transfer request from one processing center to another could be requested by an applicant. AFAIK transfer from one service center to another is an internal process done at USCIS's discretion to balance workload.

I wouldn't recommend sending in another AOS package at this point, having 2 AOS applications with the same underlying reason in the system at the same time could lead to some additional delays/confusion. This is something I would only do as a last resort if I was in your shoes. Because of the uniqueness of your case, I think initiating a congressional case follow-up assistance at this point is not too early. If you decide to go this route, you will need to clearly explain your situation to the congressional staff, they need to understand USCIS seems to be treating your DV based AOS application as your NIW application. You need their assistance with finding out where your AOS application is at, your FO, NBC or Nebraska? You also need to let them know about the time sensitivity of DV based cases, and that similar cases filed around the same time as yours have already received the bio appointment notice while you haven't received anything.

Thank you very much for your clear and complete response. I really appreciate it.

Today, I could finally convince a Tier 1 agent to schedule a Tier 2 agent call back. I hope they will call in the next two days and I won't miss the call. The Tier 1 agent told me that I can write a letter for transferring my case and sent it to Nebraska Service Center. However, I don't know if this really helps.

I'll also initiate a congressional case follow-up assistance tomorrow in parallel.

I'd like to know your opinion about the strategy I need to adopt. For either talking to a Tier 2 officer or a congressional request (or a letter to the Nebraska Sevice Center (NSC)!) do you think I have to persist to transfer the case to NBC or it is better to ask them to force NSC to proceed and schedule a biometric appointment and sent it to FO?

 

[jeanmobayed]

Hi @Sm1smom, a couple of things

1) Like others in this thread: @Acey @AF00033k , after asking KCC to change my case from CP to AOS I was getting the response that said "Because your case is ready to be scheduled, KCC can no longer unlock your application..", after sending the DV Fee Payment I sent another email asking the same, and got the following response:


Is that my 2NL? Or is it just acknowledgement of my intentions of doing AOS?

I haven't received my fee receipt yet either, the payment was cashed April 18th. I don't know if I should ask for those 2 via email.

2) Regarding the "certified translations", I was wondering if there's such thing as an "original" translated document (like signed by the translator physically), or just printing the translation I've got sent to my email would be enough

Thank you so much for your help!!!

 

[Dr.Mikeleecooper]

Hi dears. I am going to mail my application tomorrow. I went over the AOS spreadsheet and up until page 50 of this thread but still have three questions and appreciate your help:

1- I think on page 35, Sm1smom suggested having the $1,225.00 check payable to "U.S. Department of State" but on the Form I-485 instructions it says: pay to "U.S. Department of Homeland Security". I see people posting photos of their checks with both annotations. So which one is correct/recommended?

2- In the Form I-485 instructions says:
"In general, you do not need to submit documentation relating to traffic fines and incidents that did not involve an
actual physical arrest if the penalty was only a fine of less than $500 or points on your driver’s license."
But I saw on the samples that Sm1smom has posted, the person had a $250 traffic violation but still noted it in the application. Would you advise me to do the same for a $400 speeding ticket that was handled by the lawyer in court and marked as "defective equipment generally" (I guess meaning not criminal, no points).

3- On page 5, Part 3 "additional Information about you", which is about physical addresses for the past 5 years that I've lived, I need more space so I used the last page for "addition information". Now the format for the "Item Number" is a bit confusing for how to cite to the original section that you are referring to. I used the item number that originally started for the physical address (#5) and keeps repeating those item numbers but on the page for additional information. Would you approve this?

4- In general, where should we leave the fields that don't apply to us blank and where mark them as N/A?

 

[Sm1smom]

Thank you very much for your clear and complete response. I really appreciate it.

Today, I could finally convince a Tier 1 agent to schedule a Tier 2 agent call back. I hope they will call in the next two days and I won't miss the call. The Tier 1 agent told me that I can write a letter for transferring my case and sent it to Nebraska Service Center. However, I don't know if this really helps.

I'll also initiate a congressional case follow-up assistance tomorrow in parallel.

I'd like to know your opinion about the strategy I need to adopt. For either talking to a Tier 2 officer or a congressional request (or a letter to the Nebraska Sevice Center (NSC)!) do you think I have to persist to transfer the case to NBC or it is better to ask them to force NSC to proceed and schedule a biometric appointment and sent it to FO?

You cannot “force” USCIS to do anything either through the Tier 2 personnel or your congressional case follow up. You however can indicate you wish for the NSC to treat your case with the typical urgency associated with DV based applications by scheduling your bio appointment and forwarding your AOS application to your FO, if that is not possible then the case should be forwarded to the NBC to enable it follow the expedited DV based AOS process.

 

[lolopolo]

Hi dears. I am going to mail my application tomorrow. I went over the AOS spreadsheet and up until page 50 of this thread but still have three questions and appreciate your help:

1- I think on page 35, Sm1smom suggested having the $1,225.00 check payable to "U.S. Department of State" but on the Form I-485 instructions it says: pay to "U.S. Department of Homeland Security". I see people posting photos of their checks with both annotations. So which one is correct/recommended?

2- In the Form I-485 instructions says:
"In general, you do not need to submit documentation relating to traffic fines and incidents that did not involve an
actual physical arrest if the penalty was only a fine of less than $500 or points on your driver’s license."
But I saw on the samples that Sm1smom has posted, the person had a $250 traffic violation but still noted it in the application. Would you advise me to do the same for a $400 speeding ticket that was handled by the lawyer in court and marked as "defective equipment generally" (I guess meaning not criminal, no points).

3- On page 5, Part 3 "additional Information about you", which is about physical addresses for the past 5 years that I've lived, I need more space so I used the last page for "addition information". Now the format for the "Item Number" is a bit confusing for how to cite to the original section that you are referring to. I used the item number that originally started for the physical address (#5) and keeps repeating those item numbers but on the page for additional information. Would you approve this?

4- In general, where should we leave the fields that don't apply to us blank and where mark them as N/A?

1. $330 goes to Dept of State
$1225 goes to Dept of Homeland Security

 

[Sm1smom]

Hi @Sm1smom, a couple of things

1) Like others in this thread: @Acey @AF00033k , after asking KCC to change my case from CP to AOS I was getting the response that said "Because your case is ready to be scheduled, KCC can no longer unlock your application..", after sending the DV Fee Payment I sent another email asking the same, and got the following response:

View attachment 3456
Is that my 2NL? Or is it just acknowledgement of my intentions of doing AOS?

I haven't received my fee receipt yet either, the payment was cashed April 18th. I don't know if I should ask for those 2 via email.

2) Regarding the "certified translations", I was wondering if there's such thing as an "original" translated document (like signed by the translator physically), or just printing the translation I've got sent to my email would be enough

Thank you so much for your help!!!

1. KCC’s acknowledgment of your intention to process AOS is your 2NL, what you’ve posted above can be regarded as your 2NL.
2. “Certified translation” basically refers to the statement attesting to a translator’s fluency in both English and the language a document has been translated from which is expected to be included with the translation.

 

[Sm1smom]

Hi dears. I am going to mail my application tomorrow. I went over the AOS spreadsheet and up until page 50 of this thread but still have three questions and appreciate your help:

1- I think on page 35, Sm1smom suggested having the $1,225.00 check payable to "U.S. Department of State" but on the Form I-485 instructions it says: pay to "U.S. Department of Homeland Security". I see people posting photos of their checks with both annotations. So which one is correct/recommended?

2- In the Form I-485 instructions says:
"In general, you do not need to submit documentation relating to traffic fines and incidents that did not involve an
actual physical arrest if the penalty was only a fine of less than $500 or points on your driver’s license."
But I saw on the samples that Sm1smom has posted, the person had a $250 traffic violation but still noted it in the application. Would you advise me to do the same for a $400 speeding ticket that was handled by the lawyer in court and marked as "defective equipment generally" (I guess meaning not criminal, no points).

3- On page 5, Part 3 "additional Information about you", which is about physical addresses for the past 5 years that I've lived, I need more space so I used the last page for "addition information". Now the format for the "Item Number" is a bit confusing for how to cite to the original section that you are referring to. I used the item number that originally started for the physical address (#5) and keeps repeating those item numbers but on the page for additional information. Would you approve this?

4- In general, where should we leave the fields that don't apply to us blank and where mark them as N/A?

1. Are you sure I wrote or suggested making “the $1,225.00 check payable to "U.S. Department of State”? If you’re sure that is what I wrote, can you link to the actual post where I wrote such?
2. You can make your own decision on this. The filled sample I-485 was provided as a guide that could be successful followed, you’re however not obligated to stick the way it has been filled out.
3. Don’t overthink the numbering.
4. Same as #2 above.

 

[Blade_]

4- In general, where should we leave the fields that don't apply to us blank and where mark them as N/A?

Ah! the infamous NA/blank dilemma! Every year there is someone . . . and the tradition goes on!

 

[lolopolo]

Ah! the infamous NA/blank dilemma! Every year there is someone . . . and the tradition goes on!

since that does not really matter, maybe we should consider removing that bullet from FAQ altogether or, the other way around, highlighting the recommendation to use own discretion? considering all the other things that could go wrong, this one is not worth being stressed about.

 

[Sharon27]

Just sharing my bio walk in experience here in case this helps some one.

ASC: Des moines
Bio schedule date: 5/12

1st walk in attempt: 4/25 Unsuccessful
2nd walk in attempt: 5/3 Successful

Both times the place was empty. Same guards. They seemed more lenient if you arrive closer to scheduled date at this ASC.

 

[MMo]

Isn't there an additional filing fee of $2,500 for requesting a NIW premium processing? I'm not even sure what the NIW premium/expedited process has to do with the DV based AOS processing considering USCIS already made provision for an EAD to be filed (free of charge) with the I-485, and expedited processing could be requested for the EAD (again, free of charge) due to severe financial loss - (job loss has been known to fall under this category as previously explained).

USCIS does not need to approve a pending GC application in other for an applicant to work or not loose their current employment. An approved work permit is what is required while the GC application is pending, and USCIS already made the necessary provision for that since they are aware the GC approval process in general could potential drag on for a long period.

Anyway, you're free to ask them as planned. Do keep us posted as to the outcome of the request, other members may be able to benefit from it in the future.

By the way, considering you have a NIW pending from 2021, why are you not expediting that as against trying to expediting the DV based AOS application if the process for both are similar per your understanding?

your question @Sm1smom : By the way, considering you have a NIW pending from 2021, why are you not expediting that as against trying to expediting the DV based AOS application if the process for both are similar per your understanding?
NIW timeline processing is extremely slow since there is no such deadline as DV has for September each year. There are also too many people in line for years, which is normal for NIW cases (some USCIS centers take less than a year to give the results of I-140 and other centers take much longer). My case was submitted in 2020 and is still waiting for approval. On the other hand, the applicant should have a serious issue, like loss of status, etc., to be accepted for the expedited request. Anyway, thank you for your answer, I will try to call them and explain my case to speed up the process. Thanks

 

[Supernova_]

You cannot “force” USCIS to do anything either through the Tier 2 personnel or your congressional case follow up. You however can indicate you wish for the NSC to treat your case with the typical urgency associated with DV based applications by scheduling your bio appointment and forwarding your AOS application to your FO, if that is not possible then the case should be forwarded to the NBC to enable it follow the expedited DV based AOS process.

Thank you for your response. I just noticed that the Priority Date in the Notice of Action (I-797C) for my DV-based AOS application is the same as my I-140 application (the Priority Date of the derivative applicant is empty)! As you said, my I-485 application has been mistakenly assigned to my I-140 application.

I think I have to first fix this issue, that I haven't noticed before. Is it considered a Typographic Error that I have to send a request online? I'm really worried and I really appreciate your advice.

 

[Sm1smom]

Ah! the infamous NA/blank dilemma! Every year there is someone . . . and the tradition goes on!

Yes indeed. Even after providing pre-filled I-485 examples showing different acceptable ways in which the form could be filled out, something I did not do in the previous years by the way.

 

[Luci80]

The "premium" process for the NIV hasn't implemented yet. That would be after 31 May. You don't have to have any reason for that. Just pay 2500$. It is the same process for EB1 and H1b. As @Sm1smom says, you don't have that choice with the DV. Yes, expedite reasons for USCIS exits but almost is impossible to have one.

 

[Sm1smom]

Thank you for your response. I just noticed that the Priority Date in the Notice of Action (I-797C) for my DV-based AOS application is the same as my I-140 application (the Priority Date of the derivative applicant is empty)! As you said, my I-485 application has been mistakenly assigned to my I-140 application.

I think I have to first fix this issue, that I haven't noticed before. Is it considered a Typographic Error that I have to send a request online? I'm really worried and I really appreciate your advice.

You need to make sure this error did not originate from your submitted I-485. I suggest you take another look at it to confirm you did not list your I-140 Priority date and Receipt number on it. Once that has been confirmed, you can then proceed as previously discussed as in congressional assistance (the difference here is you'll need to let the congressional staff know of this error from USCIS, the subsequent delay it is now causing for your bio notice, and the overall impact on your DV based process) + wait for the Tier 2 call back (you provide the same information). You can wait for the Tier 2 call back (I'm assuming they gave you a 72 hrs callback timeframe?) before trying the online form submission approach.

 

[Dr.Mikeleecooper]

'1. Are you sure I wrote or suggested making “the $1,225.00 check payable to "U.S. Department of State”? If you’re sure that is what I wrote, can you link to the actual post where I wrote such?
2. You can make your own decision on this. The filled sample I-485 was provided as a guide that could be successful followed, you’re however not obligated to stick the way it has been filled out.
3. Don’t overthink the numbering.
4. Same as #2 above.

No, my apologies. After clarification from other users and going back to review the pages, I learned that the $330 DV Fee should be paid to "US Department of State" and the I-485 fee should be paid to "US Department of Homeland Security".

Regarding the traffic violation, I found another example in the forum and your response was:

Hi, I had a speeding ticket (0-5 mph above) and went to the court. In the summery of my court appearance, it says I "deny responsibility", and then I paid the fine. In this case Should I have to write "NO" for the Q27 (part 8) in I485 form. Please let me know. Also, could you please tell me whether this will negatively affect my application.

Many thanks

1. Please use your own discretion on whether to select Yes or No for this. However, whichever option you select, I recommend you provide additional inform about the case in Part 14 Additional Information section of your form.
2. It shouldn’t. It however doesn’t mean one should refrain from disclosing pertinent information (if asked) because it will negatively affect their application.

So other than disclosing the ticket in Part 14, do I need to send a copy of the violation payment receipt along with the Form I-485? Because I see in the AOS spreadsheet that we should include "Court Records/Documents". Does that also apply to traffic violations?

One more question. Would you advise providing proof of residence such as the lease or utility bill?