DV 2022 AOS (Adjustment of Status) Only

[meer38]

Contact USCIS to confirm what got returned as undeliverable. It might have been your IL.

Thank you, I have filled the online form but I will call on Monday as well.

Can I appear on biometrics with just the biometrics letter only? Or do I need any other notification letter(The first one which I did not receive) ?

In Jacksonville FL other day I went to ask if I can do walk in but they refused and told me to come on appointment day.

 

[Blade_]

Thank you, I have filled the online form but I will call on Monday as well.

Can I appear on biometrics with just the biometrics letter only? Or do I need any other notification letter(The first one which I did not receive) ?

In Jacksonville FL other day I went to ask if I can do walk in but they refused and told me to come on appointment day.

1. You only need appointment letter + passport + the 1 page form to fill out your information. Nothing else comes in mail except for the appointment letter.
2. You can try walk-in in other branches.

 

[Sm1smom]

Spouse has own visa sponsored by employer, has been traveling few times this year and will be back from an international trip next week. Thank you!

1. So does this mean your spouse has no plan of traveling again until the end of the FY in that case?
2. Did you already make the DV administrative fee payment for your spouse?
3. What visa status is your spouse on?

 

[Frederik83]

1. So does this mean your spouse has no plan of traveling again until the end of the FY in that case?
2. Did you already make the DV administrative fee payment for your spouse?
3. What visa status is your spouse on?

Thank you!
1. Correct the idea is we would send AOS only when we have certainty no more travel would be required before sept 30. This might be towards the end of august as another trip is still possible. I am totally aware it might be a long shot given the little time and I want to understand better the likelihood of success before making the commitment and pay the $1k+ AOS fee.
2. Yes , admin DV payment was paid for both in first place.
3. G visa

 

[Blade_]

1. Correct the idea is we would send AOS only when we have certainty no more travel would be required before sept 30. This might be towards the end of august as another trip is still possible. I am totally aware it might be a long shot given the little time and I want to understand better the likelihood of success before making the commitment and pay the $1k+ AOS fee.

[Again, not to answer your question, but] the family-based green card application is more lengthy and costly and IMHO, the $1k is a small investment to avoid all that.

 

[Supernova_]

Receiving your bio notice is indeed some long awaited good news. I however don’t know if that means the NSC is familiar with DV based AOS application processing and are treating your case as such. If this were my case though, I wouldn’t assume so and would continue to follow up until either reassured by USCIS or I receive my IL.

Thank you for your response. This is my current situation and I'd like to know your advice:

- I submitted e-Request for the incorrect Priority Date twice, but each time after 30 days, I did not hear from the USCIS.
- I requested to talk to a Tier 2 USCIS officer twice, but each time after 30 days, I did not receive a callback.
- I asked the congressman's office to make an inquiry to USCIS. So far, they submitted the request twice, but each time after 30 days, they have not heard from the USCIS at all.
- After about attempts, I contacted Ombudsman. A week ago, they confirmed that they contacted the USCIS and they will contact me if they hear from the USCIS. A day after submitting this request to Ombudsman (about the issue with my DV-based AOS application), my long-time pending I-140 NIW finally got approved! and now, I am also eligible to submit an AOS application based on I-140 NIW. Now, I have some questions.
1- In general, is that OK to have two pending AOS I-485 applications (one based on DV Program and one based on I-140 NIW)?
2- How long do you recommend waiting for a response from Ombudsman (or getting an update on the DV-based AOS application) before submitting a new AOS application (based on I-140 NIW)?
3- I am from one of those "sensitive" countries!!! Currently, I don't know if my DV-based AOS application mistakenly got stuck in Nebraska Service Center, or if it is now under background check (I did Biometric on May 24). Is there any way to figure it out before I make a decision to submit a new application?
4- At the end of the day, in long term, is there any difference (or privilege) between getting GC based on the DV Program or I-140 NIW?
Thank you for your time.

 

[Sm1smom]

Thank you!
1. Correct the idea is we would send AOS only when we have certainty no more travel would be required before sept 30. This might be towards the end of august as another trip is still possible. I am totally aware it might be a long shot given the little time and I want to understand better the likelihood of success before making the commitment and pay the $1k+ AOS fee.
2. Yes , admin DV payment was paid for both in first place.
3. G visa

I see. Well, the truth is there’s no way to know in advance unless you give it a shot. Approval is not guaranteed for anyone. Each applicant’s ability to clear the background check plays a major role in this process. The background check (amongst others) involves country of origin, area of studies or expertise, places they’ve been to in the past, etc - for some applicants, this is a minor issue, while it is major for others.

If you’re not risk averse, then go ahead and take the plunge. If you’re concerned about the potential of loosing the filing fees and your plan is to file towards the end of August, you might as well save your money and not proceed with the plan. You can always sponsor your spouse later on when they have enough time to spend in the US to wait long enough to receive the AP card which enables them to travel while the AOS application is pending. This of course will cost you a lot more than the $1K+ you’re afraid of loosing through filing a DV based AOS application, and a much longer processing time.

 

[Frederik83]

I see. Well, the truth is there’s no way to know in advance unless you give it a shot. Approval is not guaranteed for anyone. Each applicant’s ability to clear the background check plays a major role in this process. The background check (amongst others) involves country of origin, area of studies or expertise, places they’ve been to in the past, etc - for some applicants, this is a minor issue, while it is major for others.

If you’re not risk averse, then go ahead and take the plunge. If you’re concerned about the potential of loosing the filing fees and your plan is to file towards the end of August, you might as well save your money and not proceed with the plan. You can always sponsor your spouse later on when they have enough time to spend in the US to wait long enough to receive the AP card which enables them to travel while the AOS application is pending. This of course will cost you a lot more than the $1K+ you’re afraid of loosing through filing a DV based AOS application, and a much longer processing time.

Thanks for making the point, this makes sense and I am now inclined towards taking a shot at this. In this derivative application, should we make any reference anywhere to the fact that the primary selectee GC has already been granted (e.g. cover letter or in the final sections of i-485?). The i-485 does not have a section that specifies this part and I would like to make the package as self explicatory as possible given the super short timeline. Thanks for all the precious advice, I truly appreciate it.

 

[Sm1smom]

Thank you for your response. This is my current situation and I'd like to know your advice:

- I submitted e-Request for the incorrect Priority Date twice, but each time after 30 days, I did not hear from the USCIS.
- I requested to talk to a Tier 2 USCIS officer twice, but each time after 30 days, I did not receive a callback.
- I asked the congressman's office to make an inquiry to USCIS. So far, they submitted the request twice, but each time after 30 days, they have not heard from the USCIS at all.
- After about attempts, I contacted Ombudsman. A week ago, they confirmed that they contacted the USCIS and they will contact me if they hear from the USCIS. A day after submitting this request to Ombudsman (about the issue with my DV-based AOS application), my long-time pending I-140 NIW finally got approved! and now, I am also eligible to submit an AOS application based on I-140 NIW. Now, I have some questions.
1- In general, is that OK to have two pending AOS I-485 applications (one based on DV Program and one based on I-140 NIW)?
2- How long do you recommend waiting for a response from Ombudsman (or getting an update on the DV-based AOS application) before submitting a new AOS application (based on I-140 NIW)?
3- I am from one of those "sensitive" countries!!! Currently, I don't know if my DV-based AOS application mistakenly got stuck in Nebraska Service Center, or if it is now under background check (I did Biometric on May 24). Is there any way to figure it out before I make a decision to submit a new application?
4- At the end of the day, in long term, is there any difference (or privilege) between getting GC based on the DV Program or I-140 NIW?
Thank you for your time.

I’m truly sorry to learn of your one of a kind stressful progress (or the lack of progress per se compared to other DV based applications) and thanks for the updates. I’ll continue to keep my fingers crossed for you.

1. Yes, it is.
2. If this was my case, and there’s no concern with falling out of status if the DV based AOS application is not resolved by the end of the FY, I will hold off on filing the I-140 based AOS application. I will ride the DV based application horse till the very end if this was my case.
3. There’s no other way to figure it out outside of what the FO says (if at all they say anything).
4. No special privilege tied to one form GC based status than the other. A LPR is a LPR regardless of what it was based on. A marriage based GC is the only type of GC (I know of) that could be either issued as a conditional 2 year GC or a full 10 year GC depending on the age of the marriage as at the time of becoming a LPR. Outside of that all GC holders have the same level of rights and privileges.

 

[Sm1smom]

Thanks for making the point, this makes sense and I am now inclined towards taking a shot at this. In this derivative application, should we make any reference anywhere to the fact that the primary selectee GC has already been granted (e.g. cover letter or in the final sections of i-485?). The i-485 does not have a section that specifies this part and I would like to make the package as self explicatory as possible given the super short timeline. Thanks for all the precious advice, I truly appreciate it.

Yes you can indicate that in your cover letter if you like. As long as you realize your case being already approved will play no role in your spouse’s approval process, their application will be processed and adjudicated based on its own merit. You only need to demonstrate their eligibility to file a DV based AOS application, and the official requirement for doing so is to include your NOA (receipt notice from your filing), this is what ties your spouse’s case to you as your beneficiary.

 

[SusieQQQ]

Thanks for making the point, this makes sense and I am now inclined towards taking a shot at this. In this derivative application, should we make any reference anywhere to the fact that the primary selectee GC has already been granted (e.g. cover letter or in the final sections of i-485?). The i-485 does not have a section that specifies this part and I would like to make the package as self explicatory as possible given the super short timeline. Thanks for all the precious advice, I truly appreciate it.

FYI if you don’t get a DV visa done for your spouse and you have to do a family based adjustment later, not only is it a more expensive and much longer process, but based on current processing times, you’d need to find a gap of 7-8 months (potentially longer) where your spouse would not have to travel while awaiting an advance parole document so as not to abandon the application. That sounds pretty tricky from what you’ve described.

 

[SusieQQQ]

A marriage based GC is the only type of GC (I know of) that could be either issued as a conditional 2 year GC or a full 10 year GC depending on the age of the marriage as at the time of becoming a LPR. Outside of that all GC holders have the same level of rights and privileges.

As an fyi, EB5 investor green cards are also conditional for the first two years.

 

[Sm1smom]

As an fyi, EB5 investor green cards are also conditional for the first two years.

Good to know.

 

[Frederik83]

FYI if you don’t get a DV visa done for your spouse and you have to do a family based adjustment later, not only is it a more expensive and much longer process, but based on current processing times, you’d need to find a gap of 7-8 months (potentially longer) where your spouse would not have to travel while awaiting an advance parole document so as not to abandon the application. That sounds pretty tricky from what you’ve described.

Thank you and Sm1smom!!

I did not know I had to include in the package my NOA, should I also include my approval letter? Anything else beyond what is in the spreadsheet particularly for this case?

 

[Sm1smom]

Thank you and Sm1smom!!

I did not know I had to include in the package my NOA, should I also include my approval letter? Anything else beyond what is in the spreadsheet particularly for this case?

You can, if you like, they can and will be able to see your case outcome based on the included NOA. Again spouse’s case approval will not be influenced your approval, what matters is demonstrating spouse’s eligibility to file as your derivative.

 

[donkey1]

Hi guys,

I have a question. What happens if it gets to September and you still haven't received your green card. I mailed my package and it was received at the Phoenix lockbox, but I haven't had anything back yet and I've been reading that the process at Phoenix lockbox usually goes really slowly. So I am just wondering if it gets to September and the process isn't complete, does my application just get cancelled?

Thanks

 

[Sm1smom]

Hi guys,

I have a question. What happens if it gets to September and you still haven't received your green card. I mailed my package and it was received at the Phoenix lockbox, but I haven't had anything back yet and I've been reading that the process at Phoenix lockbox usually goes really slowly. So I am just wondering if it gets to September and the process isn't complete, does my application just get cancelled?

Thanks

I’m not sure where you’ve been reading about the process being really slow at the Phoenix lockbox, the listed cases on the Timeline Spreadsheet certainly do not convey that to me. Are you listed on the Timeline Spreadsheet? You need to add your timeline to that spreadsheet in order for us to get a better insight to your case processing and provide relevant response to your questions.

 

[Supernova_]

I’m truly sorry to learn of your one of a kind stressful progress (or the lack of progress per se compared to other DV based applications) and thanks for the updates. I’ll continue to keep my fingers crossed for you.

1. Yes, it is.
2. If this was my case, and there’s no concern with falling out of status if the DV based AOS application is not resolved by the end of the FY, I will hold off on filing the I-140 based AOS application. I will ride the DV based application horse till the very end if this was my case.
3. There’s no other way to figure it out outside of what the FO says (if at all they say anything).
4. No special privilege tied to one form GC based status than the other. A LPR is a LPR regardless of what it was based on. A marriage based GC is the only type of GC (I know of) that could be either issued as a conditional 2 year GC or a full 10 year GC depending on the age of the marriage as at the time of becoming a LPR. Outside of that all GC holders have the same level of rights and privileges.

Thank you Sm1smom for your complete answer! I will ride my DV-based application horse till the very end and keep you updated.

 

[lolopolo]

My apologies if this has been asked but I'm a bit lost - how does one request a chat with a Tier2 USCIS support representative? Is there any right sequence of actions, as I can't gat past their automated system or Tier1 chat support? Thank you!

 

[Blade_]

My apologies if this has been asked but I'm a bit lost - how does one request a chat with a Tier2 USCIS support representative? Is there any right sequence of actions, as I can't gat past their automated system or Tier1 chat support? Thank you!

[They might have updated their system, but] To get to talk to a representative, you can call them, then say technical assistance, then say technical assistance. let me know if this still works.