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DV 2022 AOS (Adjustment of Status) Only

Hi, y’all.

Need your help.

I either cannot think clearly due to stress or the bits of information are completely mixed up in my head. So, the last update to my case has been made on June 1st when I completed the bio walk-in. No news since then, meaning almost 2 full months have silently passed.

Although my FO does not have a rich history to rely on, the average timeframe for getting an interview letter used to be between 30 and 45 days, so my case is well past that window.

I contacted USCIS 2 times via Emma but the information that I was able to get was not particularly useful, except for revealing that my case is already at FO (if that’s actually true). Then I did an expedited review request and now they want me to send some supporting documents without providing clear guidance as to what could qualify as such.

Now I feel like I need to develop a more robust strategy on whom to contact when and what to expect/request. Please correct me where I’m wrong or struggling in my understanding:

Priority – Point of contact – How to get? – What to expect from the interaction?

Step 1 – Tier 1 support – Emma chat – able to address very basic inquiries

Step 2 – Tier 2 support – ?????? apparently, you can somehow request a callback – able to respond to a bit more complex inquiries

Step 3 – call/in-person with FO – ?????? – able to provide more details about the case and associated delays

Step 4 – congressman inquiry – request via rep’s website (this is covered in FAQ) – can help “nudge” USCIS to review the case

Step 5 – ombudsman assistance – submit a form on the DHS site – don’t know how they can help, given that they only weigh in when a case is outside “normal” processing time which would be well past Sept 30th.

Step ??? – expedited review request – call USCIS and express desire to initiate that request – have no idea how can help
 
Hi, only searching for help. I had my original biometrics walk-in done 6/24 (was scheduled for 6/28). This Monday, 7/25, I received a second bio notice letter for apt. on 8/8. Next day I went to the ASC (Philadelphia), the supervisor said my original fingerprints were unidentifiable, and that there had also been an error on 2nd bio letter (wrongly coded), so they generated new one with new apt date 8/15. They wouldn't allow me do walk-in again. I don't know what to do, when / what day to attempt to go there again to see if would encounter a different person that would be more understanding. My FO is Mt. Laurel, NJ. Please thank you for any help.
 
Mali534 said:
Hi, only searching for help. I had my original biometrics walk-in done 6/24 (was scheduled for 6/28). This Monday, 7/25, I received a second bio notice letter for apt. on 8/8. Next day I went to the ASC (Philadelphia), the supervisor said my original fingerprints were unidentifiable, and that there had also been an error on 2nd bio letter (wrongly coded), so they generated new one with new apt date 8/15. They wouldn't allow me do walk-in again. I don't know what to do, when / what day to attempt to go there again to see if would encounter a different person that would be more understanding. My FO is Mt. Laurel, NJ. Please thank you for any help.
Click to expand...
You’ll basically have to use your own discretion as to which day/time may be better to make another walk-in attempt. Alternatively, try some other nearby ASCs (may even be in another State altogether or a couple of hours drive away, if you’re willing to invest the time and resources) until you find one that is willing to accommodate a walk-in.
 
lolopolo said:
Hi, y’all.

Need your help.

I either cannot think clearly due to stress or the bits of information are completely mixed up in my head. So, the last update to my case has been made on June 1st when I completed the bio walk-in. No news since then, meaning almost 2 full months have silently passed.

Although my FO does not have a rich history to rely on, the average timeframe for getting an interview letter used to be between 30 and 45 days, so my case is well past that window.

I contacted USCIS 2 times via Emma but the information that I was able to get was not particularly useful, except for revealing that my case is already at FO (if that’s actually true). Then I did an expedited review request and now they want me to send some supporting documents without providing clear guidance as to what could qualify as such.

Now I feel like I need to develop a more robust strategy on whom to contact when and what to expect/request. Please correct me where I’m wrong or struggling in my understanding:

Priority – Point of contact – How to get? – What to expect from the interaction?

Step 1 – Tier 1 support – Emma chat – able to address very basic inquiries

Step 2 – Tier 2 support – ?????? apparently, you can somehow request a callback – able to respond to a bit more complex inquiries

Step 3 – call/in-person with FO – ?????? – able to provide more details about the case and associated delays

Step 4 – congressman inquiry – request via rep’s website (this is covered in FAQ) – can help “nudge” USCIS to review the case

Step 5 – ombudsman assistance – submit a form on the DHS site – don’t know how they can help, given that they only weigh in when a case is outside “normal” processing time which would be well past Sept 30th.

Step ??? – expedited review request – call USCIS and express desire to initiate that request – have no idea how can help
Click to expand...
If I recall, you requested an expedite review based on humanitarian reason(s). And now they’ve asked you to submit applicable documents in support of that request and you’re complaining about them not providing clear guidance as to what could qualify as such. Well, the onus is on you (and not them) to know what you are asking for and to be able to back up the request should the need to do so arise.

An expedite request based on “humanitarian reasons are those related to human welfare. Examples may include, but are not limited to, illness, disability, extreme living conditions, death in the family, or a critical need to travel to obtain medical treatment in a limited amount of time. An emergency may include an urgent need to expedite employment authorization for healthcare workers during a national emergency such as the COVID-19 pandemic. Additionally, an expedite request may be considered under this criterion in instances where a vulnerable person’s safety may be compromised due to a breach of confidentiality if there is a delay in processing the benefit application.“ So based on this definition, if you believe you qualify for a humanitarian expedite request, provide them with the applicable documentation in support of the request.

www.uscis.gov

Chapter 5 - Expedite Requests

Immigration benefit requestors or their authorized representative may request that USCIS expedite the adjudication of their application, petition, request, appeal, or motion that is under USCIS jur
www.uscis.gov

As for the rest of your post, it falls within the realm of what I tend to consider an over-analysis, I’m therefore unable to figure out precisely what your question is, and cannot help along that line. Happy to help answer specific questions as related to your specific situation/case.
 
lolopolo said:
Then I did an expedited review request and now they want me to send some supporting documents without providing clear guidance as to what could qualify as such.
Click to expand...
Expedite requests are based on individual circumstances, surely you are best placed to judge what appropriate evidence is for the specific circumstance you based your request on?
 
First time poster :) I’m sharing my (fairly) unique situation in hopes that it can help someone else down the line. Also sharing my timeline (yes it's in the spreadsheet too).
I’m an Australian citizen on an O1 in Los Angeles. HOWEVER, I am adopted from South Korea.
When applying for the DV lottery in the past, I've said ‘South Korea’ in country born (as I was born there and it’s listed on my passport as such). Of course I never won it in the past because Korea is ineligible. So when applying last time I put ‘Australia’ for country of birth because I have no legal ties to Korea, and thought, ‘I’ll cross that bridge if I come to it’.
Obviously I won the lottery… So when submitting my case I literally had EVERYTHING in there - birth cert (which I only have an Aust one. During a legal adoption between Sth Korea & Aust the residing country reissues your birth certs. I believe certain/different countries have certain rules.), my citizenship cert, supreme court adoption documents and records and info on legal adoptions from government pages.
In summary: I DO NOT have a Korean birth certificate, nor any eligibility to obtain one or a passport. For all legal reasons, I AM an Australian Citizen. On my passport it says the Korean province I was born in.
I searched all the forums on here, google, called my O1 attorney who called her contacts and NO ONE could tell me if I was wasting my time/energy. I actually found a lot of no’s - ‘The DV lottery is based on the country you were born in’.
But I kept telling myself that even though I was born there I have no legal ties there AT ALL. So I decided to submit a very strong (and super organized) case, hoping that I receive an officer who understands the legal bindings of an adoption.

*see my timeline in the spreadsheet

Jumping to my interview experience:
Appt at 1pm in Los Angeles on 7/27. Arrived at 12:35pm. Past security, checked in and in waiting room by 1pm. Called in at 1:25pm. Officer was super nice and very calm. He went through my ID and first few pages of my i-485 and noticed I am adopted (very nonchalantly… “oh okay, you’re adopted” *flipped to next page*). Then went onto the Yes/No questions.
He mentioned that I have been in and out of USA a lot (I was on tour in 2019/2020) and that he needs to check valid entries. Then proceeded to say he needs to review my case and that it could take up to a month. Out by 1:34pm.
‘New Card Is Being Produced’ at 4:20am this morning.

Honestly, this forum and all the people with the information to help people that ARE helping people… you are a god send. Thank you for setting this up and continuing to help. I used all the information provided in the spreadsheet and kept up to date on the forum to make sure I was really understanding. I appreciate and thank you! Good luck to everyone else!
 
bmo said:
First time poster :) I’m sharing my (fairly) unique situation in hopes that it can help someone else down the line. Also sharing my timeline (yes it's in the spreadsheet too).
I’m an Australian citizen on an O1 in Los Angeles. HOWEVER, I am adopted from South Korea.
When applying for the DV lottery in the past, I've said ‘South Korea’ in country born (as I was born there and it’s listed on my passport as such). Of course I never won it in the past because Korea is ineligible. So when applying last time I put ‘Australia’ for country of birth because I have no legal ties to Korea, and thought, ‘I’ll cross that bridge if I come to it’.
Obviously I won the lottery… So when submitting my case I literally had EVERYTHING in there - birth cert (which I only have an Aust one. During a legal adoption between Sth Korea & Aust the residing country reissues your birth certs. I believe certain/different countries have certain rules.), my citizenship cert, supreme court adoption documents and records and info on legal adoptions from government pages.
In summary: I DO NOT have a Korean birth certificate, nor any eligibility to obtain one or a passport. For all legal reasons, I AM an Australian Citizen. On my passport it says the Korean province I was born in.
I searched all the forums on here, google, called my O1 attorney who called her contacts and NO ONE could tell me if I was wasting my time/energy. I actually found a lot of no’s - ‘The DV lottery is based on the country you were born in’.
But I kept telling myself that even though I was born there I have no legal ties there AT ALL. So I decided to submit a very strong (and super organized) case, hoping that I receive an officer who understands the legal bindings of an adoption.

*see my timeline in the spreadsheet

Jumping to my interview experience:
Appt at 1pm in Los Angeles on 7/27. Arrived at 12:35pm. Past security, checked in and in waiting room by 1pm. Called in at 1:25pm. Officer was super nice and very calm. He went through my ID and first few pages of my i-485 and noticed I am adopted (very nonchalantly… “oh okay, you’re adopted” *flipped to next page*). Then went onto the Yes/No questions.
He mentioned that I have been in and out of USA a lot (I was on tour in 2019/2020) and that he needs to check valid entries. Then proceeded to say he needs to review my case and that it could take up to a month. Out by 1:34pm.
‘New Card Is Being Produced’ at 4:20am this morning.

Honestly, this forum and all the people with the information to help people that ARE helping people… you are a god send. Thank you for setting this up and continuing to help. I used all the information provided in the spreadsheet and kept up to date on the forum to make sure I was really understanding. I appreciate and thank you! Good luck to everyone else!
Click to expand...
Good to hear such a nice story with amazing outcome. Congratulation!
 
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Reactions: bmo
bmo said:
First time poster :) I’m sharing my (fairly) unique situation in hopes that it can help someone else down the line. Also sharing my timeline (yes it's in the spreadsheet too).
I’m an Australian citizen on an O1 in Los Angeles. HOWEVER, I am adopted from South Korea.
When applying for the DV lottery in the past, I've said ‘South Korea’ in country born (as I was born there and it’s listed on my passport as such). Of course I never won it in the past because Korea is ineligible. So when applying last time I put ‘Australia’ for country of birth because I have no legal ties to Korea, and thought, ‘I’ll cross that bridge if I come to it’.
Obviously I won the lottery… So when submitting my case I literally had EVERYTHING in there - birth cert (which I only have an Aust one. During a legal adoption between Sth Korea & Aust the residing country reissues your birth certs. I believe certain/different countries have certain rules.), my citizenship cert, supreme court adoption documents and records and info on legal adoptions from government pages.
In summary: I DO NOT have a Korean birth certificate, nor any eligibility to obtain one or a passport. For all legal reasons, I AM an Australian Citizen. On my passport it says the Korean province I was born in.
I searched all the forums on here, google, called my O1 attorney who called her contacts and NO ONE could tell me if I was wasting my time/energy. I actually found a lot of no’s - ‘The DV lottery is based on the country you were born in’.
But I kept telling myself that even though I was born there I have no legal ties there AT ALL. So I decided to submit a very strong (and super organized) case, hoping that I receive an officer who understands the legal bindings of an adoption.

*see my timeline in the spreadsheet

Jumping to my interview experience:
Appt at 1pm in Los Angeles on 7/27. Arrived at 12:35pm. Past security, checked in and in waiting room by 1pm. Called in at 1:25pm. Officer was super nice and very calm. He went through my ID and first few pages of my i-485 and noticed I am adopted (very nonchalantly… “oh okay, you’re adopted” *flipped to next page*). Then went onto the Yes/No questions.
He mentioned that I have been in and out of USA a lot (I was on tour in 2019/2020) and that he needs to check valid entries. Then proceeded to say he needs to review my case and that it could take up to a month. Out by 1:34pm.
‘New Card Is Being Produced’ at 4:20am this morning.

Honestly, this forum and all the people with the information to help people that ARE helping people… you are a god send. Thank you for setting this up and continuing to help. I used all the information provided in the spreadsheet and kept up to date on the forum to make sure I was really understanding. I appreciate and thank you! Good luck to everyone else!
Click to expand...
Congratulations, but …. you’re lucky you did AOS where the USCIS officers don’t always understand all the nuances of DV, and things sometimes slip through. Adoption, citizenship and legality aside, you were/are actually ineligible. It is place of birth and only place of birth that matters according to the DV rules. They explicitly state that nationality does not overcome country of birth if different.
Honestly if I were you - I would leave it at this and not apply for US citizenship in due course, because when you do that they re-examine how you got your green card and eligibility for it, and you could lose it at that point.
 
bmo said:
First time poster :) I’m sharing my (fairly) unique situation in hopes that it can help someone else down the line. Also sharing my timeline (yes it's in the spreadsheet too).
I’m an Australian citizen on an O1 in Los Angeles. HOWEVER, I am adopted from South Korea.
When applying for the DV lottery in the past, I've said ‘South Korea’ in country born (as I was born there and it’s listed on my passport as such). Of course I never won it in the past because Korea is ineligible. So when applying last time I put ‘Australia’ for country of birth because I have no legal ties to Korea, and thought, ‘I’ll cross that bridge if I come to it’.
Obviously I won the lottery… So when submitting my case I literally had EVERYTHING in there - birth cert (which I only have an Aust one. During a legal adoption between Sth Korea & Aust the residing country reissues your birth certs. I believe certain/different countries have certain rules.), my citizenship cert, supreme court adoption documents and records and info on legal adoptions from government pages.
In summary: I DO NOT have a Korean birth certificate, nor any eligibility to obtain one or a passport. For all legal reasons, I AM an Australian Citizen. On my passport it says the Korean province I was born in.
I searched all the forums on here, google, called my O1 attorney who called her contacts and NO ONE could tell me if I was wasting my time/energy. I actually found a lot of no’s - ‘The DV lottery is based on the country you were born in’.
But I kept telling myself that even though I was born there I have no legal ties there AT ALL. So I decided to submit a very strong (and super organized) case, hoping that I receive an officer who understands the legal bindings of an adoption.

*see my timeline in the spreadsheet

Jumping to my interview experience:
Appt at 1pm in Los Angeles on 7/27. Arrived at 12:35pm. Past security, checked in and in waiting room by 1pm. Called in at 1:25pm. Officer was super nice and very calm. He went through my ID and first few pages of my i-485 and noticed I am adopted (very nonchalantly… “oh okay, you’re adopted” *flipped to next page*). Then went onto the Yes/No questions.
He mentioned that I have been in and out of USA a lot (I was on tour in 2019/2020) and that he needs to check valid entries. Then proceeded to say he needs to review my case and that it could take up to a month. Out by 1:34pm.
‘New Card Is Being Produced’ at 4:20am this morning.

Honestly, this forum and all the people with the information to help people that ARE helping people… you are a god send. Thank you for setting this up and continuing to help. I used all the information provided in the spreadsheet and kept up to date on the forum to make sure I was really understanding. I appreciate and thank you! Good luck to everyone else!
Click to expand...
Congratulations. Yeah, I however cannot help but echo what Susie already stated above. You were rather fortunate to have processed AOS, most of the IOs are not fully versed in the nuances of DV lottery and the requirements - very few IOs adjudicate DV based AOS applications and they are constantly being changed. There is no DV requirement for one to have any legal tie to their birth country in order to be eligible. And yes, a few "non-qualified" DV cases have slipped through via AOS in the past.
 
SusieQQQ said:
Congratulations, but …. you’re lucky you did AOS where the USCIS officers don’t always understand all the nuances of DV, and things sometimes slip through. Adoption, citizenship and legality aside, you were/are actually ineligible. It is place of birth and only place of birth that matters according to the DV rules. They explicitly state that nationality does not overcome country of birth if different.
Honestly if I were you - I would leave it at this and not apply for US citizenship in due course, because when you do that they re-examine how you got your green card and eligibility for it, and you could lose it at that point.
Click to expand...
TBH, her case is stronger than the alternatives they provide for ineligible countries, so I'd not be too anxious about it. Obviously they can't list every possible scenario so that's why FO interviews exist - someone can make a sound decision for unique individual circumstances.
 

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lolopolo said:
TBH, her case is stronger than the alternatives they provide for ineligible countries, so I'd not be too anxious about it. Obviously they can't list every possible scenario so that's why FO interviews exist - someone can make a sound decision for unique individual circumstances.
Click to expand...
There is no grey area in terms of chargeability country eligibility requiring the adjudicating officer to review unique individual cases and make a sound decision. The 9FAM (which guides the adjudication process for CP) fully spells out the eligibility criteria without needing to list any possible scenario.

Requirements for the DV Program: To qualify under INA 203(c) as a diversity immigrant, the following requirements must be met:
(1) (U) Must be a native of, or be chargeable to, a country eligible for that year's DV program (see 9 FAM 502.6-3 paragraph b below); and
(2) (U) Must have at least a high school education or equivalent (see 9 FAM 502.6-3 paragraph c below); or
(3) (U) Must have, within five years of the date of application for a diversity immigrant visa under INA 203(c), at least two years of work experience in an occupation that requires at least two years of training or experience (see 9 FAM 502.6-3 paragraph d below).

(U) Native: Native means a person born in a DV program country. An individual may be able to participate in the DV program because of specific family ties or personal situations by "charging" to another country. See 9 FAM 502.6-4 paragraph a(2) below for additional information on chargeability.

(U) DV Chargeability: As stated in the regulatory definition, the normal rules of chargeability apply to INA 203(c) immigrants. Many DV entrants may seek beneficial treatment from the rules of cross chargeability, as in the following examples:
(a) (U) A spouse or child born in a country that is not among those for which DVs are available (a non-qualifying country) may use the principal entrant’s chargeability when they are accompanying or following-to-join;
(b) (U) A child born in a non-qualifying country in which neither parent was born nor was a resident at the time of the child’s birth, may claim the birthplace of either parent;
(c) (U) A principal entrant born in a non-qualifying country and the spouse who was born in a qualifying country may be issued DVs, provided the relationship was established prior to submitting the entry. In such instances, however, both applicants are principal applicants for cross-chargeability and must be issued visas and apply for admission to the United States simultaneously.
(d) (U) A principal entrant born in a country that is among those for which DVs are available may derive a more favorable foreign state of chargeability from an accompanying spouse. For example, a principal applicant from a DV eligible country from a high-admission region may claim a more favorable chargeability from a spouse, who is from a DV eligible country from a low-admission region, provided the relationship was established prior to submitting the DV entry. In such instances, however, both applicants are principal applicants for cross-chargeability and must be issued visas and apply for admission to the United States simultaneously.

9 FAM 502.6 (U) DIVERSITY IMMIGRANT VISAS

fam.state.gov

OP actually lied by listing "Australia" as their birth country on the eDV entry submission. Per INA 203 governing the DV program OP is NOT a "native" Australian, as they were not born in Australia, and did gain an unfair advantage as a matter of fact, they did not qualify to list Australia as their birth country. OP might have been able to claim cross chargeability to their Australian parents' country of birth and use that to plead their "unique" case, this would have required them to list South Korea as the country of birth and Australia as the chargeability country. If selected, OP would still have had an OC CN by the way.
 
lolopolo said:
TBH, her case is stronger than the alternatives they provide for ineligible countries, so I'd not be too anxious about it. Obviously they can't list every possible scenario so that's why FO interviews exist - someone can make a sound decision for unique individual circumstances.
Click to expand...
Nope. Its not about “stronger cases”. There is a defined principle, and two defined exceptions. That’s it. It is not at all about possible scenarios, and there is no discretion. If the poster had interviewed in Sydney or any other consulate (where officers understand the rules because they do so many more of these), they would have been denied.
 
Hello,

I took cashier's check in a bank, filled out a form.

1. Do I need to send the cashier's check and the form to this address to receive a receipt from?

U.S. Department of State
Diversity Visa Program
P.O. Box 979079
St. Louis, Missouri 63197-9000

2. What is SASE?
3. Can I pay for I-485 filling fee and biometrics fee in person at a USCIS field office?

Thanks
 
Last edited:
*Den* said:
Hello,

I took cashier's check in a bank, filled out a form. Do I need to send the cashier's check and the form to this address to receive a receipt from?

U.S. Department of State
Diversity Visa Program
P.O. Box 979079
St. Louis, Missouri 63197-9000

What is SASE?
Click to expand...
Self-addressed envelope
 
*Den* said:
Hello,

I took cashier's check in a bank, filled out a form.

1. Do I need to send the cashier's check and the form to this address to receive a receipt from?

U.S. Department of State
Diversity Visa Program
P.O. Box 979079
St. Louis, Missouri 63197-9000

2. What is SASE?
3. Can I pay for I-485 filling fee and biometrics fee in person at a USCIS field office?

Thanks
Click to expand...
1. Mail the cashier’s check and the DV administrative fee payment form together.
2. Self Addressed Stamped Envelope.
3. No, must be mailed in with the AOS package.
 
Hi all, just wanted to give an update on my case, as I have received a few messages from other members of the forum. So far, the update is there are no news. Since April 19th, where my bio was waived, I have received no update on the case. I spoke two times with a tier 1 agent. The first told me that my case was at the NBC and told me he was going to schedule a tier 2 call. I haven’t received any call from a tier 2 agent, although the 30 calendar days have not passed yet. The second one told me my case was at the field office, but nothing about a tier 2 call. I did not get any useful information from there. Neither of both told what was going on but just asked me to wait. My feeling is they basically did not know more information. Still waiting for the tier 2 agent call, and see if more info is available. I have not initiated a congressional inquiry, at this moment.

At this point, I wonder, if there is some information missing in my package, 1) would they send a RFE or just directly deny? And, 2) if it is the latter, will they wait till Sep 30 to do it

Considering the lapse of time since the biometrics, I guess something must be going on, but I have no clue about what that could be. I will keep the forum updated if I have any news.

Thanks
 
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