DV 2022 AOS (Adjustment of Status) Only

[SusieQQQ]

Well you may go ahead and file for AOS, as long as you realize the AOS application cannot be approved while your COS application is still pending.

"A noncitizen may file an adjustment application after expiration of his or her nonimmigrant status while the noncitizen’s timely-filed EOS or COS application is pending. [18] In such cases, the officer should defer adjudication of the adjustment application until USCIS adjudicates the EOS or COS application so long as there are no other grounds for denial.

If USCIS ultimately approves the EOS or COS application, then the noncitizen is considered to be in lawful immigration status on the date the adjustment application is filed. If USCIS denies the EOS or COS application, then the noncitizen is generally considered to be in unlawful immigration status as of the expiration of the noncitizen’s current nonimmigrant status and likewise on the date the adjustment application is filed. In this instance, the INA 245(c)(2) bar would apply, unless an exemption is available.

USCIS Manual Extension of Stay or Change of Status

@Manitam18838 i looked at your history, what mom quoted above stands.

 

[equilibreme]

Hi @equilibreme, did you receive your appointment by mail? Could you please let some information if you have done your interview? Some cards were distributed without an interview in this office. Did you contact uscis live agent or field office to get info about your appointment? Thank you

Sorry for the confusion, later in forum I corrected that it was not Interview Letter but Biometric appointment
Now waiting for IL or Interview waive

 

[Mmary]

Hi ,i have a question, i have already submitted my documents this july i need to know what if until sept 30 i did not go to the interview due to slow process? will they still consider my application?

 

[m_abdulhafez]

Hi all! Good news

Status: F1 OPT
Case number AS8xxx.
Summary: My wife is currently in Japan and will be doing FTJ after I complete my AOS. DS260 submitted with that indicated as well as cover letter.
We added that in my cover letter hoping they would expedite the interview.
She already scheduled a medical check in Japan Aug16th (but it can be made earlier).

Timeline:
02/15/2022: Filed DS-260 indicating that I am doing AOS while my wife is doing CP in Tokyo
03/01/2022: AOS package sent
03/15/2022: NOA
04/18/2022: Biometrics
06/08/2022: Congressional inquiry sent , explaining the case with the FTJ and requesting an expedited interview.
06/30/2022: Email from KCC
"KCC has received payment of $330.00 for your case file. You have a case size of 2. Please send the remaining payment or provide a written statement"
Replied and got a same day generic reply about AOS process. Resent email with more clarification.
07/05/2022: Reply from KCC:
"The adjustment of status fee to the Department of State has been paid or indications on your DS-260 show that you wanted to adjust your status in the US. The payment of the adjustment of status fee indicates to KCC that you are residing in the US and wish to process your case at the local USCIS office. As a result, KCC did not continue the processing your case. To continue this case to consulate processing, please notify KCC with your request."
07/06/2022: Called USCIS to request appointment with Tier 2 agent
07/06/2022: Congressman Office received this reply:
Thank you for your inquiry June 8, 2022, regarding (Name) and the application for permanent residence/adjustment of status.
U.S. Citizenship and Immigration Services (USCIS) records confirm that your constituent's case was transferred to the Phoenix Field Office, Phoenix, AZ. The case will be reviewed by an Immigration Services Officer to determine if additional information is needed or if a final adjudication can be reached. Your constituent will be notified by mail once an update is available. Your constituent can check case status on our website at uscis.gov by simply entering the receipt number listed above. Please note we are unable to provide a timeframe for the completion of this process. USCIS is mindful of the inconvenience of this matter and the case will be worked as soon as possible.
07/28/2022: Status on my USCIS changed to New Card Is Being Produced!!!!!!!!!!, also received message about tier 2 agent calling within two business days.

1) I am assuming they waived the interview?
2) Usually selectees inform the IO about the FTJ during the interview, but now that the interview is waived what is the next course of action? Is there a chance that the IO already informed the Embassy about the FTJ?
3) Can I file Form I-824 before the green card is issued/mailed?
4) Can the tier 2 agent help with the case/expedite form I-824?

 

[Sm1smom]

My wife and I had an interview at San Jose FO on 07/26. The IO was very friendly and knowledgeable. We went through the basic personal questions and all the yes/no questions and showed the originals of our birth and marriage certificates. Everything took about 20 minutes.

However, we had a problem. The IO said they couldn't read my wife's fingerprints (she has a skin disease), so they couldn't complete her background check. They sent us to the ASC the same day to try again, but the fingerprints were still unclassifiable. The next day, the IO called my wife and asked her to provide police clearance certificates from current and previous places of residence. To get police clearance, we need a letter from USCIS requesting this. I guess this is called RFE? The IO said we could find this letter in my wife's online account. We checked the account, but the letter is not there. The status hasn't been updated since the 'Fingerprint fee was received' stage. I hope the IO also mailed a letter via USPS, but it may take a while to arrive.
1. Is it typical not to see RFE in the online account, or are we just looking in the wrong place?
2. Is there a faster way to get a copy of the letter than waiting for USPS, like through the USCIS Contact Center?
I know I need to be patient, but getting all clearances may take a long time, so I want to start doing it as soon as possible.

1. They’re not quite diligent with the way they set up the online account for DV based AOSers, that may account for why you’re not seeing a documents tab/section.
2. Contact the USCIS call center and explain your situation. They may be able to further guide you.

 

[Sm1smom]

Hi all. I had an interview on Tuesday 07/26 and my case didn’t approve right away because she asked for my sponsor form I-134. I only brought a copy one and she said she needed a real one so I had to send it back to her as soon as possible. The sponsor documents got delivered on the next day (07/27). HOWEVER, my student status was pending before and it got denied today. So I would like to know is that possible for the denied case would effect the green card case? Because I still didn’t hear anything back from the uscis about green card yet. Thank you

That sucks. Sorry to learn your COS application just got denied. Yes the denied COS application means you have no status to adjust from and the pending AOS application will most likely get denied as earlier explained.
However stranger things have happened before contrary to what the adjudication manual says. Another selectee whose EOS application was still pending when they filed for AOS recently reported their AOS application approval, meanwhile the EOS application is still pending. So do keep us posted on your eventual outcome.

 

[Sm1smom]

Hi All,
ATL FO Interview,
I Had a lawyer before finding this forum. We applied in FEBRUARY. I Got my work permit approved after Congressional intervention as my OPT expired in February. I stay at my uncle 4 months without DL and Work authorization. On July 17, 30 days after work permit was approved I received my interview notice. I went yesterday July 27 with my lawyer and the interview lasted about 15 minutes. My ID was checked, the asked to show proof good status when I applied. I showed my diploma and I 20 then yes or no questions. I was told that my case needed to be review. At the end of the day my lawyer called saying like my case was approved and I checked on the app “New card is being produced”.
Thanks to all the community here, yall give me hope and comfort for 4 months when I couldn’t go anywhere. I have not posted my timeline on the spread sheet bc I don’t know how to message mom but my case took 169 days. God is good and the wait is really worth it.
I know there is at least a few more in ATL, hold it down..

Congratulations and thanks for sharing your update in the forum. Indeed adding your case to the timeline spreadsheet will be quite useful to other AOSers. You’ll need to send an access request directly from the spreadsheet or send me your email address via PM. To send a PM, click on the envelope at the top of your screen close to your profile image.

 

[Sm1smom]

Hi ,i have a question, i have already submitted my documents this july i need to know what if until sept 30 i did not go to the interview due to slow process? will they still consider my application?

There will be no approval after September 30th.

 

[Sm1smom]

Hi all! Good news

Status: F1 OPT
Case number AS8xxx.
Summary: My wife is currently in Japan and will be doing FTJ after I complete my AOS. DS260 submitted with that indicated as well as cover letter.
We added that in my cover letter hoping they would expedite the interview.
She already scheduled a medical check in Japan Aug16th (but it can be made earlier).

Timeline:
02/15/2022: Filed DS-260 indicating that I am doing AOS while my wife is doing CP in Tokyo
03/01/2022: AOS package sent
03/15/2022: NOA
04/18/2022: Biometrics
06/08/2022: Congressional inquiry sent , explaining the case with the FTJ and requesting an expedited interview.
06/30/2022: Email from KCC
"KCC has received payment of $330.00 for your case file. You have a case size of 2. Please send the remaining payment or provide a written statement"
Replied and got a same day generic reply about AOS process. Resent email with more clarification.
07/05/2022: Reply from KCC:
"The adjustment of status fee to the Department of State has been paid or indications on your DS-260 show that you wanted to adjust your status in the US. The payment of the adjustment of status fee indicates to KCC that you are residing in the US and wish to process your case at the local USCIS office. As a result, KCC did not continue the processing your case. To continue this case to consulate processing, please notify KCC with your request."
07/06/2022: Called USCIS to request appointment with Tier 2 agent
07/06/2022: Congressman Office received this reply:
Thank you for your inquiry June 8, 2022, regarding (Name) and the application for permanent residence/adjustment of status.
U.S. Citizenship and Immigration Services (USCIS) records confirm that your constituent's case was transferred to the Phoenix Field Office, Phoenix, AZ. The case will be reviewed by an Immigration Services Officer to determine if additional information is needed or if a final adjudication can be reached. Your constituent will be notified by mail once an update is available. Your constituent can check case status on our website at uscis.gov by simply entering the receipt number listed above. Please note we are unable to provide a timeframe for the completion of this process. USCIS is mindful of the inconvenience of this matter and the case will be worked as soon as possible.
07/28/2022: Status on my USCIS changed to New Card Is Being Produced!!!!!!!!!!, also received message about tier 2 agent calling within two business days.

1) I am assuming they waived the interview?
2) Usually selectees inform the IO about the FTJ during the interview, but now that the interview is waived what is the next course of action? Is there a chance that the IO already informed the Embassy about the FTJ?
3) Can I file Form I-824 before the green card is issued/mailed?
4) Can the tier 2 agent help with the case/expedite form I-824?

Congratulations on your AOS approval.
1. Yes
2. You’ll probably need to file an I-824. See if you can contact your wife’s embassy to inform them of your approval and your wife’s FTJ part of the process.
3. I think you’ll need your approval notice to go with the I-824 since you did not concurrently file it with your AOS application - check the instructions to confirm what document is required.
4. Not sure they can, but nothing is impossible.

p.s. go through the FTJ tab of the DV Unique Case Tracker spreadsheet - see the link in my signature and read about what past FTJ filers did to help move their case along. This should hopefully help shed more light on what you should be doing.

 

[chtredfire]

Hi Mom and all,

We had our interview today morning at USCIS Albany FO. We arrived around 30 mins early, went through security, and checked in. We were told to wait until the IO calls our names. After around 20 mins, the IO came out and called us in. He said he will start with my wife as she is the principal applicant. Before, starting he said he had emailed and requested our file from DHS yesterday, it will be 24-48 hours until he gets a reply. So, he said that he will complete the interview today, but cannot let us know of the decision until he has our file in hand. He said we will get the notification within the next 48 hours.

First, he checked her passport and started going through the I485. He said the rest of the forms are in order including the medical. Then, he asked if there was any document that was not included in the package. My wife started a CPT in the summer, so she presented the new I20 and employment letters. She also said we have updated financial statements, but he said he won't need them. He continued with the I485 questions and yes/no questions.

Next, he checked my passport and started going through the I485 along with yes/no questions. I presented my current employment letter which was not in the package. In the end, we signed the forms. He said he has everything he needs from us but again needs to wait for the file from DHS.

Everything took about 30-35mins. The IO was friendly and straightforward throughout the interview. On the way back, the case status changed to, “Interview Was Completed And My Case Must Be Reviewed”.

I guess now we have to keep waiting for the KCC file.
Would it be better to email KCC about sending the file, so that it will be sent on time?

Our cases were approved!
When I checked the online case status today morning. I saw that our cases have been approved. Thank you so much, Mom and everybody! I am really grateful that I was directed here by Simon around a year ago. The spreadsheet has everything you need and properly frontloading ensures a faster process. I have updated my timeline and will do it when CPO update posts. Thank you so much again!

 

[hl2915]

Hi @LeeC (refer to the Timelines sheet),

I saw that you had your interview on 07/19 at the USCIS Newark field office. Can you kindly share your interview experience? Did the Immigration officer tell you how long to wait to receive an update or notice?

Thank you.

 

[Benbob]

Hi Mom,

According to prior years timelines, Brooklyn field office AOS'ers don't typically get interviews until the final months (Jul-Aug-Sept)

- Do you know if those prior years cases had to use congressional inquiries to make their interviews happen?

- Do you think I should start a congressional inquiry or just remain patient for now?

Thanks for your help as always.

 

[Sm1smom]

Our cases were approved!
When I checked the online case status today morning. I saw that our cases have been approved. Thank you so much, Mom and everybody! I am really grateful that I was directed here by Simon around a year ago. The spreadsheet has everything you need and properly frontloading ensures a faster process. I have updated my timeline and will do it when CPO update posts. Thank you so much again!

Congratulations.

 

[atrzad]

@Sm1smom so i think my case is in FO , i checked with USCIS rep twice.

I made an address change request through the system and today I got an email from FO, i guess because the email starts with FO address

The status of this service request is:
On 07/29/2022, you or your representative contacted U.S. Citizenship and Immigration Services (USCIS) about your I-485 Adjustment of Status.
Your address has been updated. You are pending scheduling for interview. Once you are scheduled you will receive appointment letter in the mail.

So this is related to change of address right? And it showes that my case is with FO and they will schedule the interview sometime hopefully before sep?

 

[Sm1smom]

Hi Mom,

According to prior years timelines, Brooklyn field office AOS'ers don't typically get interviews until the final months (Jul-Aug-Sept)

- Do you know if those prior years cases had to use congressional inquiries to make their interviews happen?

- Do you think I should start a congressional inquiry or just remain patient for now?

Thanks for your help as always.

1. Sorry, I can’t readily recall if they did or not.
2. I would recommend initiating a congressional case inquiry assistance at this point seeing you filed and completed your bio as far back as Dec. 2021.

 

[Sm1smom]

@Sm1smom so i think my case is in FO , i checked with USCIS rep twice.

I made an address change request through the system and today I got an email from FO, i guess because the email starts with FO address

The status of this service request is:
On 07/29/2022, you or your representative contacted U.S. Citizenship and Immigration Services (USCIS) about your I-485 Adjustment of Status.
Your address has been updated. You are pending scheduling for interview. Once you are scheduled you will receive appointment letter in the mail.

So this is related to change of address right? And it showes that my case is with FO and they will schedule the interview sometime hopefully before sep?

I believe I already stated (back in June, if not earlier) that your case was already at your FO, even though the background check clearance was still pending, but you chose to not believe. I don’t see anything new per se in the update you just received. Your FO seem to be waiting for your BC clearance, once that happens (hopefully before the end of the FY), they will schedule an interview or approve without an interview.

 

[lolopolo]

Hi all! Good news

Status: F1 OPT
Case number AS8xxx.
Summary: My wife is currently in Japan and will be doing FTJ after I complete my AOS. DS260 submitted with that indicated as well as cover letter.
We added that in my cover letter hoping they would expedite the interview.
She already scheduled a medical check in Japan Aug16th (but it can be made earlier).

Timeline:
02/15/2022: Filed DS-260 indicating that I am doing AOS while my wife is doing CP in Tokyo
03/01/2022: AOS package sent
03/15/2022: NOA
04/18/2022: Biometrics
06/08/2022: Congressional inquiry sent , explaining the case with the FTJ and requesting an expedited interview.
06/30/2022: Email from KCC
"KCC has received payment of $330.00 for your case file. You have a case size of 2. Please send the remaining payment or provide a written statement"
Replied and got a same day generic reply about AOS process. Resent email with more clarification.
07/05/2022: Reply from KCC:
"The adjustment of status fee to the Department of State has been paid or indications on your DS-260 show that you wanted to adjust your status in the US. The payment of the adjustment of status fee indicates to KCC that you are residing in the US and wish to process your case at the local USCIS office. As a result, KCC did not continue the processing your case. To continue this case to consulate processing, please notify KCC with your request."
07/06/2022: Called USCIS to request appointment with Tier 2 agent
07/06/2022: Congressman Office received this reply:
Thank you for your inquiry June 8, 2022, regarding (Name) and the application for permanent residence/adjustment of status.
U.S. Citizenship and Immigration Services (USCIS) records confirm that your constituent's case was transferred to the Phoenix Field Office, Phoenix, AZ. The case will be reviewed by an Immigration Services Officer to determine if additional information is needed or if a final adjudication can be reached. Your constituent will be notified by mail once an update is available. Your constituent can check case status on our website at uscis.gov by simply entering the receipt number listed above. Please note we are unable to provide a timeframe for the completion of this process. USCIS is mindful of the inconvenience of this matter and the case will be worked as soon as possible.
07/28/2022: Status on my USCIS changed to New Card Is Being Produced!!!!!!!!!!, also received message about tier 2 agent calling within two business days.

1) I am assuming they waived the interview?
2) Usually selectees inform the IO about the FTJ during the interview, but now that the interview is waived what is the next course of action? Is there a chance that the IO already informed the Embassy about the FTJ?
3) Can I file Form I-824 before the green card is issued/mailed?
4) Can the tier 2 agent help with the case/expedite form I-824?

Congrats! Wanted to thank you for a very detailed review

 

[dhanu159]

Hi all! Good news

Status: F1 OPT
Case number AS8xxx.
Summary: My wife is currently in Japan and will be doing FTJ after I complete my AOS. DS260 submitted with that indicated as well as cover letter.
We added that in my cover letter hoping they would expedite the interview.
She already scheduled a medical check in Japan Aug16th (but it can be made earlier).

Timeline:
02/15/2022: Filed DS-260 indicating that I am doing AOS while my wife is doing CP in Tokyo
03/01/2022: AOS package sent
03/15/2022: NOA
04/18/2022: Biometrics
06/08/2022: Congressional inquiry sent , explaining the case with the FTJ and requesting an expedited interview.
06/30/2022: Email from KCC
"KCC has received payment of $330.00 for your case file. You have a case size of 2. Please send the remaining payment or provide a written statement"
Replied and got a same day generic reply about AOS process. Resent email with more clarification.
07/05/2022: Reply from KCC:
"The adjustment of status fee to the Department of State has been paid or indications on your DS-260 show that you wanted to adjust your status in the US. The payment of the adjustment of status fee indicates to KCC that you are residing in the US and wish to process your case at the local USCIS office. As a result, KCC did not continue the processing your case. To continue this case to consulate processing, please notify KCC with your request."
07/06/2022: Called USCIS to request appointment with Tier 2 agent
07/06/2022: Congressman Office received this reply:
Thank you for your inquiry June 8, 2022, regarding (Name) and the application for permanent residence/adjustment of status.
U.S. Citizenship and Immigration Services (USCIS) records confirm that your constituent's case was transferred to the Phoenix Field Office, Phoenix, AZ. The case will be reviewed by an Immigration Services Officer to determine if additional information is needed or if a final adjudication can be reached. Your constituent will be notified by mail once an update is available. Your constituent can check case status on our website at uscis.gov by simply entering the receipt number listed above. Please note we are unable to provide a timeframe for the completion of this process. USCIS is mindful of the inconvenience of this matter and the case will be worked as soon as possible.
07/28/2022: Status on my USCIS changed to New Card Is Being Produced!!!!!!!!!!, also received message about tier 2 agent calling within two business days.

1) I am assuming they waived the interview?
2) Usually selectees inform the IO about the FTJ during the interview, but now that the interview is waived what is the next course of action? Is there a chance that the IO already informed the Embassy about the FTJ?
3) Can I file Form I-824 before the green card is issued/mailed?
4) Can the tier 2 agent help with the case/expedite form I-824?

From my expereince the chances an IO informs the embassy is slim to none. When i did the FTJ , after my approval i filed the i824 and then contacted the embassy right away and explained the situation. They did not wait for the i824 instead requested all the files from KCC, and confirmation of my approval(im guessing they contacted USCIS) and was able to process my wife without the I824 approval.

 

[user12124]

1. They’re not quite diligent with the way they set up the online account for DV based AOSers, that may account for why you’re not seeing a documents tab/section.
2. Contact the USCIS call center and explain your situation. They may be able to further guide you.

Thank you, Sm1smom! The contact center was utterly useless. They just kept repeating that USCIS does not call applicants to request documents.

This may be helpful to anyone trying to get a hold of a live agent. I tried connecting to an agent in the online chat, but typing 'talk to a live agent' or 'infopass' didn't work. What worked was describing my problem so that Emma does not understand it and cannot provide any links. Then I requested a live agent, and they let me in the queue.

 

[lolopolo]

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.

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.

Thank you for your reply. Yes, I've read the doc - mostly hoped to get some examples/templates. Will write a free form explainer then

The second part is important though – it's not over-analysis but rather a struggle to understand what kind of follow-up options are available, given the 60-day delay. Ideally, I’d love to get in touch with FO’s officer and understand the status of my case and the cause of the delay.
1. Is that something that I can arrange myself?
2. Is that considered an INFOPASS appointment?
3. Should I request a Tier2 support call back before I can get access to FO?
So, those were and remain my questions. I’ve put together that table to validate my understanding and fill in the blanks. Thought a bit more structure would help others as well. Hope that clarifies my request.

Would you be able to provide such guidance?