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DV 2022 AOS (Adjustment of Status) Only

SusieQQQ said:
Yes, same issue, as soon as she uses it she is no longer on F2 status but becomes only adjustment pending, so if you guys or she alone does not get her green card by 30 September she will need to leave the US.
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Hi @SusieQQQ, are you saying that partial approval is possible (i.e., some individuals get approved, while others not under the same case)? Is that only valid for FTJ or for any AOS case?
 
Sm1smom said:
Everyone with a pending application, not just you, would love to be able to visit their FO and directly ask the IO assign to their case what is the cause of the delay with their application. Well, that option is not available. You should know by now if such an option is possible, it would have been publicly mentioned in this forum considering the amount of effort being expended in support of selectees here.

Visiting the FO requires having an INFOPASS appointment in place. Any USCIS frontline agent can schedule the INFOPASS appointment if they are convinced you have an urgent or pertinent reason to visit your FO.
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I understand. I was confused since a few folks here seemingly mentioned talking to FO, although those could’ve been USCIS reps from the hotline/chat. So, your answer ruled out that possibility and is helpful in that regard.

So now, after my two chats with USCIS reps (likely, Tier1) and before initiating a congressman inquiry, is there anything else I can do to clarify when/if I should get my interview appointment (again, given 60+ days delay)? To your point about INFOPASS, would the delay qualify as an urgent reason, given the time crunch for DV cases? Here I assume that my request for expedited processing is a different beast. Their processing time tool (https://egov.uscis.gov/processing-times/) does not have an option for DV-based AOS, so I can’t even point out if the delay is outside of “normal processing time.” Tier1 rep told me that the case will be outside of “normal processing time” around November, which is obviously nonsense.
 
lolopolo said:
Hi @SusieQQQ, are you saying that partial approval is possible (i.e., some individuals get approved, while others not under the same case)? Is that only valid for FTJ or for any AOS case?
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Yes, it is possible in any DV case for one or more derivatives to not be approved if they are found not eligible to receive an immigrant visa/green card (obviously if the principal applicant isn’t approved then the derivatives can’t be).

(Edit: actually in this type of case if the derivative only got denied they would have to leave the US regardless of using an EAD or not, because they were also a derivative on the original status and that will fall away when the principal gets a green card)
 
lolopolo said:
I understand. I was confused since a few folks here seemingly mentioned talking to FO, although those could’ve been USCIS reps from the hotline/chat. So, your answer ruled out that possibility and is helpful in that regard.

So now, after my two chats with USCIS reps (likely, Tier1) and before initiating a congressman inquiry, is there anything else I can do to clarify when/if I should get my interview appointment (again, given 60+ days delay)? To your point about INFOPASS, would the delay qualify as an urgent reason, given the time crunch for DV cases? Here I assume that my request for expedited processing is a different beast. Their processing time tool (https://egov.uscis.gov/processing-times/) does not have an option for DV-based AOS, so I can’t even point out if the delay is outside of “normal processing time.” Tier1 rep told me that the case will be outside of “normal processing time” around November, which is obviously nonsense.
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Technically speaking, your AOS application is not outside of normal processing time. What the agent told you about the processing time is not nonsense since USCIS does not separately track DV based AOS applications. Also, as far as your FO is concerned, there’s no such thing as 60+ days delay with your case as they’re not obligated to adjudicate it within or under the 60 days you’ve been going on and on about. Here’s one thing you need to understand, there’s no law that says the FOs or the IOs assigned to DV based applications should process them within 30 or 60 days for instance, they are basically “encouraged” to fast track DV based AOS applications, they will therefore use their individual discretion at doing so based on their specific workloads. For some, it may mean bunching DV cases together and processing them in September, for some it may mean approving approvable cases without an interview, etc.

Immigration, and especially the possibility of processing AOS is a privilege, and not a right. The available case follow-up options are not necessarily guaranteed to yield the desired results, but they can assist with nudging a case along, especially for the ones for one reason or the other had fallen through the cracks.

There are two full months left for the current FY to end, I don’t see a delay that qualifies for an INFOPASS for a DV case. At this point, you can either decide to exercise some patience by waiting one or two more weeks, or go ahead with initiating a congressional inquiry now, it’s really your call.
 
@Sm1smom good morning,
There is only 1 other entry from my field office (norfolk) so I can't understand how interviews are scheduled as a rule. In this 1 example, he/she got the interview date notification even before he attended the bio interview (he/she didn't do walkin according to the excel.)
How does NBC schedule the final field office interview or send the file to the local office? My bio was for this this week, I did walkin last week. But no interview notification as I checked thru customer service chat.
Thank you so much.
 
archeronfield said:
@Sm1smom good morning,
There is only 1 other entry from my field office (norfolk) so I can't understand how interviews are scheduled as a rule. In this 1 example, he/she got the interview date notification even before he attended the bio interview (he/she didn't do walkin according to the excel.)
How does NBC schedule the final field office interview or send the file to the local office? My bio was for this this week, I did walkin last week. But no interview notification as I checked thru customer service chat.
Thank you so much.
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And the chat told me that my file is at NBC, under review etc.
 
Hi Mom!

We have received our greencards post our interview in May. My husbands asylum case is still open and did not close post our I-485 approval. I sent a letter to SF asylum office 2 months ago as well as couple of emails asking them to withdraw my case. No luck so far. They did not even respond. We have an upcoming international trip and wanted to make sure to close the case prior to the trip not to face any issues at our arrival back to the US.

Can you please suggest whether this is something I can leverage senator’s / representative’s help? Thank you
 
archeronfield said:
@Sm1smom good morning,
There is only 1 other entry from my field office (norfolk) so I can't understand how interviews are scheduled as a rule. In this 1 example, he/she got the interview date notification even before he attended the bio interview (he/she didn't do walkin according to the excel.)
How does NBC schedule the final field office interview or send the file to the local office? My bio was for this this week, I did walkin last week. But no interview notification as I checked thru customer service chat.
Thank you so much.
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You should actually start by filling out your own timeline on the spreadsheet also, seeing as you're using that spreadsheet to reference and use it to compare to your timeline.
 
crazycatlover said:
Hi Mom!

We have received our greencards post our interview in May. My husbands asylum case is still open and did not close post our I-485 approval. I sent a letter to SF asylum office 2 months ago as well as couple of emails asking them to withdraw my case. No luck so far. They did not even respond. We have an upcoming international trip and wanted to make sure to close the case prior to the trip not to face any issues at our arrival back to the US.

Can you please suggest whether this is something I can leverage senator’s / representative’s help? Thank you
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You have no way of making sure they close the case, all you can do is inform them you wish to withdraw the case which you've already done. They will eventually close it when they get to it. You can safely travel out and return with to the US as a LPR at this point.
 
Mom, today I talked with live agent through emma, she said, she did not see that any RFE has been sent.
also I dont see any changes on online case status, it is showing me the same since biometric.
I was wondering ,how long does it usually take to response on RFe to make any decision ?/
 
Dave076 said:
Mom, today I talked with live agent through emma, she said, she did not see that any RFE has been sent.
also I dont see any changes on online case status, it is showing me the same since biometric.
I was wondering ,how long does it usually take to response on RFe to make any decision ?/
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There’s no definitive timeframe. Could be a couple of days, several weeks or months. The IO is probably busy working on other cases, and it might take a while before they get back to yours - that’s one of the downsides of not submitting a fully front loaded package.
 
Sm1smom said:
There’s no definitive timeframe. Could be a couple of days, several weeks or months. The IO is probably busy working on other cases, and it might take a while before they get back to yours - that’s one of the downsides of not submitting a fully front loaded package.
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since I got 2 months left, what can be done precisely to expedite the case in this scenario?
 
Sm1smom said:
You have no way of making sure they close the case, all you can do is inform them you wish to withdraw the case which you've already done. They will eventually close it when they get to it. You can safely travel out and return with to the US as a LPR at this point.
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Hi Mom, thanks for reply. I guess I was expecting a letter from Asylum Office acknowledging my request and Online status to be changed to case closed.

Can I safely travel to my husbands home country as well given he has received his GC not through his asylum application?
 
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