DV 2022 AOS (Adjustment of Status) Only

[Luci80]

So weird. Extracted from June 2022 Visa bulletin. "
F. AVAILABILITY OF DIVERSITY VISAS (DV)

Most regions have been set to “Current” for June 2022 in an effort to maximize number use during the DV-2022 program year. However, rank cut-offs could be re-established for any region or country in future months to keep number use within the applicable annual limits. "

 

[Sharon27]

So weird. Extracted from June 2022 Visa bulletin. "
F. AVAILABILITY OF DIVERSITY VISAS (DV)

Most regions have been set to “Current” for June 2022 in an effort to maximize number use during the DV-2022 program year. However, rank cut-offs could be re-established for any region or country in future months to keep number use within the applicable annual limits. "

https://britsimonsays.com/visa-bulletin-for-july-interviews-published/

That statement is eluding to possible retrogression…

 

[Sharon27]

I have a question, if we get interview and the VB numbers for our region retrogressed below our case number prior to our interview, will we be able to get a visa? I am only concerned about this because it seems like they only check availability of visa when we interview (I don’t know if they are checking for the quota only or also the VB cutoff numbers at that point of time).

 

[Luci80]

https://britsimonsays.com/visa-bulletin-for-july-interviews-published/

That statement is eluding to possible retrogression…

Yep

 

[Benbob]

I received my interview notice for 3rd April scheduling an interview for May 10th in NYC. I had my interview yesterday. It was very straightforward. My green card was approved at the end of the interview. USCIS Case status changed to card is currently being produced. I am unable to log in to the spreadsheet due to security restrictions so could @Sm1smom please update it on my behalf. Packet was mailed on January 13th, Received on January 18th, check cashed on January 18th and NOA received on January 28th. Thanks all for the support and informative posts and the spreadsheet.

Congrats! I sent my packet back in November and still havent had an interview in NYC :/

 

[Luci80]

I have a question, if we get interview and the VB numbers for our region retrogressed below our case number prior to our interview, will we be able to get a visa? I am only concerned about this because it seems like they only check availability of visa when we interview (I don’t know if they are checking for the quota only or also the VB cutoff numbers at that point of time).

Hi @Sharon27. The same question: If We get lucky and we are interviewed in June or July, are we current? Because August or September is missing.

 

[Sharon27]

Hi @Sharon27. The same question: If We get lucky and we are interviewed in June or July, are we current? Because August or September is missing.

Hey, we will be ok if it happens June or July since our case numbers past the VB bulletin numbers for these months. More worried about if we get interviewed August and the VB retrogressed below our case number. I am not sure what happens then.

 

[Luci80]

Hey, we will be ok if it happens June or July since the VB bulletin is still current. More worried about if we get interviewed August and the VB retrogressed below our case number. I am not sure what happens then.

So, more pressure. It is a short window. Let's see. I was thinking okay I don't wanna look at again the VB... So, now we have to see it for August and Sep. A real nightmare.

 

[Sharon27]

So, more pressure. It is a short window. Let's see. I was thinking okay I don't wanna look at again the VB... So, now we have to see it for August and Sep. A real nightmare.

Yes, same here. But let’s see what the moderators say.

 

[Luci80]

So, a FO starts working on an application, and after working, they say: "ey cut off is now different." what a waist of recurses/time/ effort/ money.

 

[megha_]

They're both saying the same thing to me, I don't get what the confusion is about.

Thought, we only don't need Police Report for our stay duration in USA but still need it for stay in other parts of world.

That’s the section for what to bring if you are undergoing consular processing. It is not exactly the same list as what is required for AOS. The lines you quote are for people who have resided in the US who will be interviewing outside the US at a consulate.

Got it. Thank you.

 

[Sharon27]

So, a FO starts working on an application, and after working, they say: "ey cut off is now different." what a waist of recurses/time/ effort/ money.

Well, I saw someone posted from Nepal. Went through entire process even the interview but wasn’t given a visa because their number was not current (Nepal has different cut off numbers then ROA). So yea I am also surprised they don’t check in the beginning, waste of a lot of time.

 

[Supernova_]

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.

Thank you for your response. I have completely checked our I-485 forms and there is no error originating from us at all. Tier 2 officer didn't call during 72 hrs callback timeframe. I have contacted them again several times, and they just say the callback request is still pending and they just add notes to my request that I am still waiting for their call. One of them said they may call any time, and since the callback request is pending we cannot add another request!

I had also contacted the congressman's office, and I submitted all the information they requested immediately, 8 days ago, and I am still waiting to hear from them. They told me it may take weeks to hear from USCIS!

I also contacted lockboxsupport@uscis.dhs.gov about their mistake of sending to the wrong center with an incorrect Priority Date on the notice, but they haven't responded!

I'd like to ask,
- Is there any other way to contact them and resolve this issue at this time?
- How about contacting Senator's office and asking for help in parallel?
- I haven't sent an e-Request for the incorrect Priority Date yet (if it is considered a Typographic Error). Do you think I should do it at this time? (As I mentioned before, the Priority Date on my I-485 notice is the same as my NIW case, which is more than a year ago and there is no Priority Date for the derivative applicant).
- If none of these methods works, when do you think it is better to submit another I-485 package for myself and my derivative to have enough time and chance for adjudication (and this time maybe without A-Number!)?
- Can I sue USICS at some point for their mistakes, and not being responsive?

Thank you very much for your time and advice.

 

[SusieQQQ]

So, a FO starts working on an application, and after working, they say: "ey cut off is now different." what a waist of recurses/time/ effort/ money.

This (retrogression) actually happens, not often but not rare either, with other visa categories. So yes what usually happens is that they will interview you if the process started already before the retrogression, but they will not actually issue a visa number/green card until it’s available.

Thought, we only don't need Police Report for our stay duration in USA but still need it for stay in other parts of world.

that is indeed what it means, but it is only applicable to CP, not for you doing AOS.

 

[SusieQQQ]

Well, I saw someone posted from Nepal. Went through entire process even the interview but wasn’t given a visa because their number was not current (Nepal has different cut off numbers then ROA). So yea I am also surprised they don’t check in the beginning, waste of a lot of time.

The onus was on the applicant to check that their number was current before submitting.

 

[Sm1smom]

Thank you for your response. I have completely checked our I-485 forms and there is no error originating from us at all. Tier 2 officer didn't call during 72 hrs callback timeframe. I have contacted them again several times, and they just say the callback request is still pending and they just add notes to my request that I am still waiting for their call. One of them said they may call any time, and since the callback request is pending we cannot add another request!

I had also contacted the congressman's office, and I submitted all the information they requested immediately, 8 days ago, and I am still waiting to hear from them. They told me it may take weeks to hear from USCIS!

I also contacted lockboxsupport@uscis.dhs.gov about their mistake of sending to the wrong center with an incorrect Priority Date on the notice, but they haven't responded!

I'd like to ask,
- Is there any other way to contact them and resolve this issue at this time?
- How about contacting Senator's office and asking for help in parallel?
- I haven't sent an e-Request for the incorrect Priority Date yet (if it is considered a Typographic Error). Do you think I should do it at this time? (As I mentioned before, the Priority Date on my I-485 notice is the same as my NIW case, which is more than a year ago and there is no Priority Date for the derivative applicant).
- If none of these methods works, when do you think it is better to submit another I-485 package for myself and my derivative to have enough time and chance for adjudication (and this time maybe without A-Number!)?
- Can I sue USICS at some point for their mistakes, and not being responsive?

Thank you very much for your time and advice.

My recommendation would be to send in an e-Request at this point. Then reach out to your congressman's office as a sort of follow-up even though they already told you it may take weeks to hear back from USCIS - following up with them is like giving them a gentle nudge which sometimes helps. If there's still no response through the congressman's office or USCIS in the next one week, then yes you should go ahead and contact your Senator's office also. If there's still no update by the end of June, I suppose you could just file another I-485 at that point.

As for suing USCIS, well this is America, anyone can sue anyone. The right question is will the lawsuit result in being issued with a DV based GC? Most likely not as the FY would long be over by the time the lawsuit gets adjudicated by a judge.

 

[SusieQQQ]

I have a question, if we get interview and the VB numbers for our region retrogressed below our case number prior to our interview, will we be able to get a visa? I am only concerned about this because it seems like they only check availability of visa when we interview (I don’t know if they are checking for the quota only or also the VB cutoff numbers at that point of time).

(Posted this in VB thread too)

How USCIS Processes Retrogressed Visas Cases​

If, at the time of adjudication, an applicant’s priority date no longer meets the cut-off date published in the Visa Bulletin, due to retrogression, his or her case must be held in abeyance until a visa once again becomes available. If the adjudication of your Form I-485 will not require an in-person interview at a USCIS office, then your case will be held at the USCIS Service Center where you initially filed your application.
If you have been interviewed at a USCIS office and a visa is not available, then USCIS may hold your case at the following locations until a visa becomes available.

• Employment-based visa-retrogressed cases are held at the Texas Service Center (TSC) upon completion of any required interview and other processing steps.
• Family-sponsored visa retrogressed cases are held at the National Benefits Center (NBC) upon completion of the interview and other processing steps.

USCIS will finalize processing of visa-retrogressed cases when applicants' priority dates become available (current) based on the dates in the current month’s Visa Bulletin. If USCIS needs updated information from an applicant, we may send out correspondence such as requests for evidence or an interview notice. Therefore, it is very important that applicants keep their addresses current with USCIS.

Visa Retrogression | USCIS

Congress sets limits on the number of immigrant visas that can be issued each year. In order to adjust status to that of legal permanent resident, an immigrant visa must be available to the applica

www.uscis.gov

 

[Supernova_]

My recommendation would be to send in an e-Request at this point. Then reach out to your congressman's office as a sort of follow-up even though they already told you it may take weeks to hear back from USCIS - following up with them is like giving them a gentle nudge which sometimes helps. If there's still no response through the congressman's office or USCIS in the next one week, then yes you should go ahead and contact your Senator's office also. If there's still no update by the end of June, I suppose you could just file another I-485 at that point.

As for suing USCIS, well this is America, anyone can sue anyone. The right question is will the lawsuit result in being issued with a DV based GC? Most likely not as the FY would long be over by the time the lawsuit gets adjudicated by a judge.

Thank you so much for your prompt and complete response. I'll follow your recommendations and suggested timeline, and let you know how it goes.

I have one more question before sending an e-Request. What should be the Priority Date in the Notice of Action letters of DV-based I-485 AOS applications? Should it be empty or the same as the Received Date? How about for the derivative applicant? Thank you.

 

[Sm1smom]

Thank you so much for your prompt and complete response. I'll follow your recommendations and suggested timeline, and let you know how it goes.

I have one more question before sending an e-Request. What should be the Priority Date in the Notice of Action letters of DV-based I-485 AOS applications? Should it be empty or the same as the Received Date? How about for the derivative applicant? Thank you.

The Priority Date on the NOA from USCIS should be the same as the Received Date for DV based AOS applications

 

[tintin2022]

Hey Y'all. I am almost done with I-485 but I have a couple of questions. Your help is greatly appreciated.

1. Should I fill out the A-number on all top of the pages?
2. Have you EVER been denied a visa to the United States? I came here on having a student visa but I got that visa a second time. My student visa was denied on the first attempt.
3. Have you EVER violated the terms and conditions of your nonimmigrant visa? I had student visa for four years and I applied for asylum before my OPT expired.
4. Have you EVER received any type of military, paramilitary, or weapon training? Do you intend to engage in any of the activities listed in any part of item number 48a.49? As I said before, I had a few months of compulsory military services which I've never intended to attend but it's mandatory in my country to do.
5. Have you EVER served in, been a member of, assisted, or participated in any military unit, paramilitary unit, or police unit? My mandatory military service was only 3 months and it was only training and I didn't serve per see. Should I say No or Yes to the question?
6. having been unlawfully present in the United States for more than one year in aggregate? As I mentioned before, I've had F-1 status when I entered the U.S and I've applied for Asylum when I was on OPT but right now for more than a year I am waiting for my asylum interview.