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DV 2022 AOS (Adjustment of Status) Only

IN fact, this is a general thought. I remember in my own AOS case, I was current in June, but my FO wanted to "bundle" a number of cases together and in the end I had my interview on September 2. For those of you still processing AOS this year, just remember that AOS cases, unlike CP cases do not have a visa pre-allocated to them. The math is showing that visas will be in short supply in September, so if you have any influence over your process, try and get your AOS cases done by early September.
This is very useful news unfortunately not sweet to the ears.

I filed an FTJ along with my i-485, considering your submission above I want to ask
1. Just how long does it take USCIS to forward cases to embassies?
2. Do I need to contact KCC to send my derivatives' files to the Embassy after my case is approved at USCIS?

Now my heart is racing ...:confused:
 

Britsimon

Super Moderator
This is very useful news unfortunately not sweet to the ears.

I filed an FTJ along with my i-485, considering your submission above I want to ask
1. Just how long does it take USCIS to forward cases to embassies?
2. Do I need to contact KCC to send my derivatives' files to the Embassy after my case is approved at USCIS?

Now my heart is racing ...:confused:

As Mom will probably confirm, there are things you can do to enlist the help of the embassy. In previous years we have seen people get embassies "lined up" with appointments ready to interview the FTJ candidate as soon as possible after the AOS interview. We have seen that happen in the final days of the year - but this year do all you can to get that done fast, and do not rely on the FO to do all that for you.
 
@Britsimon I tried Congressional inquiry last week and I sent another follow up email asking if they can expedite the interview but the answer was no and they said I have to wait until USCIS notify me. I also tried to talk to tier 2 agent today and she refused to expedite the interview. There are few AOS cases that I know waiting for the interview. what do you recommend?
 

Sm1smom

Super Moderator
Hi @Sm1smom!

We received the transfer notices for our NIW-based AOS cases a couple of days ago. The notice mentions that in order to speed up processing, USCIS transferred the application to NBC (our NIW-based AOS cases were in the Nebraska center).

1- According to the mentioned reason in the notices, I was wondering if you think that it is still likely our DV-based AOS application IO requested for the NIW immigration file.

2- Our interview was almost two weeks ago, and we have not received updates on DV-based AOS cases since then. The IO told us that we may need to wait up to a month. Considering these, I was wondering if you think submitting a congressional inquiry can be helpful at this time.

Thank you!
1. Possibly.
2. Wouldn’t hurt to do so.
 
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Sm1smom

Super Moderator
Hi,

I updated the spreadsheet yesterday. I've still been waiting to receive my IL since June 16. I submitted a congressional inquiry a week ago but the congressman's office assistant said we hadn't received any reply from USICS and it might take weeks.

I spoke with a tier 2 agent today and asked if she can expedite the interview but she said there is no way USCIS can expedite the interview.

It seems LA FO delays many cases due to the current backlog. I tried my best to bring my case to the officer's attention but it didn't go well. Is there any other way I can try?
Keep your fingers crossed and hope for an IL soon or a response to the congressional inquiry.
 

Sm1smom

Super Moderator
Hi friends. I attended my interview three weeks ago at the Newark, NJ file office. In the end, the officer told me she has to check with the Department of State to see whether there is still any visa left, but I will receive a letter within three weeks. I haven't received any letter in the mail from the USCIS yet (three weeks already passed), and also the online status still shows "Fingerprints were taken". Do you have any advice for me other than waiting? Thanks for your help.
You can initiate a congressional case follow up assistance.
 

Sm1smom

Super Moderator
Thanks, should i bring copies of documents as well? tax return, payslip would be copies,
so the interview tip indicates :
Medical record.
BC
Tax
payslips
I20s
passport
job offer
what else is needed?
You should be able to determine this yourself between using the Interview Tips and the AOS package sections of the AOS process spreadsheet.
 

Sm1smom

Super Moderator
Great job by all standards, and I wish you well.
@Sm1smom and @SusieQQQ is there anything that one can do to expedite an FTJ while awaiting a USCIS interview, apart from filing a congressional inquiry? I am assuming in the question that while awaiting an AOS interview, one could petition the Office of the Congressman to engage an embassy on one's behalf. I may be wrong though.
Take a look at the FTJ tab/section of the DV Tracker-Unique Situations spreadsheet to learn about the steps past FTJers took and the outcomes.
 

archeronfield

New Member
IN fact, this is a general thought. I remember in my own AOS case, I was current in June, but my FO wanted to "bundle" a number of cases together and in the end I had my interview on September 2. For those of you still processing AOS this year, just remember that AOS cases, unlike CP cases do not have a visa pre-allocated to them. The math is showing that visas will be in short supply in September, so if you have any influence over your process, try and get your AOS cases done by early September.
Hello @Britsimon can you explain more about what you mean by "just remember that AOS cases, unlike CP cases do not have a visa pre-allocated to them." So, right now like savediversityvisa or dvcharts show they gave 32K plus scheduled 30K. So, I thought as long as the visas are not fully issued (not scheduled) we are safe as AOSers. I agree September will be very risky so I am doing everything I can to expedite it. But, I am concerned about the free visa number comment of yours. Thank you in advance.
 

Angel115

Member
I decided to initiate a congressional inquiry. Thankfully they responded pretty fast and contacted USCIS right away. This evening USCIS responded back with the following:

“Thank you for your inquiry on behalf of your constituent regarding their pending Form I-485.

U.S. Citizenship and Immigration Services (USCIS) records confirm that the case is currently pending at the Philadelphia Field Office. USCIS is committed to adjudicating immigration benefits in a timely and efficient manner while also ensuring public safety, national security, and compliance with all relevant directives.

While a decision has not yet been reached, the case is currently under review. We are unable to determine at this time when the review process for the case will be completed. If additional information is required notice will be sent via regular mail.”

The congress office said they can follow up with USCIS again if I receive no updates in the next 30 days. I guess I can’t do anything else at this point other than wait…. Has anyone received a similar response from USCIS and heard back about their case after?
 

NikkiBNY22

New Member
I got a call from an officer in the Brooklyn FO yesterday after posting this. she just needed my receipt of payment emailed to her but this is a good sign I think, looks like they're on it. Id say do what you can to get their attention to your case but it sounds like they are working through the Brooklyn cases now. Some Brooklyn folks here have just had their interviews so its definitely moving along
I got a call from an officer in the Brooklyn FO yesterday after posting this. she just needed my receipt of payment emailed to her but this is a good sign I think, looks like they're on it. Id say do what you can to get their attention to your case but it sounds like they are working through the Brooklyn cases now. Some Brooklyn folks here have just had their interviews so its definitely moving along.
Hi, I just got my interview notice today. It seem like Brooklyn FO is working on the cases now. I hope you will get your interview soon too.
 

archeronfield

New Member
Thank you so much. I already updated my timeline on the spreadsheet. Also, I just got my interview notice today which it is scheduled for Aug 25th.
Congrats! How did you get the notice in 1 day? By mail in 1 day? I think you said yesterday, you chatted and they said no interview was scheduled. Did you get an email or text? (Mail takes like 5 days here as I understand) Congrats again @NikkiBNY22
 

Britsimon

Super Moderator
Hello @Britsimon can you explain more about what you mean by "just remember that AOS cases, unlike CP cases do not have a visa pre-allocated to them." So, right now like savediversityvisa or dvcharts show they gave 32K plus scheduled 30K. So, I thought as long as the visas are not fully issued (not scheduled) we are safe as AOSers. I agree September will be very risky so I am doing everything I can to expedite it. But, I am concerned about the free visa number comment of yours. Thank you in advance.

OK, firstly, in order to schedule a CP case the visa office needs to allocate the needed visas for each person on the case. So - when you see an embassy taking 40 cases, including 85 people, the VO allocates 85 visas to that embassy for the month of interviews. At the end of the month the embassy has to account for those visas, returning unused visas to the pool (which can then be used for other cases). So - they return visas for no shows, denials and AP.

Now contrast that with AOS. There is no pre-allocation of visas. The last processing step after the interview is for the IO to check a system called IVAMS, and "draw down" the visas needed from the case. That system has direct, live access to the VO maintain numbers. So - we did have a year where AOS interviews were concluded successfully but no visas could be issued. That happened about September 9th.

The CP visa recycling will happen at the end of August so there will be visas at the beginning of September. However, there are about 7K AP cases in flight, so if they clear them, they will be drawing from the same pot that AOS draws from. Things are tight because I estimate almost all the 54850 have been scheduled. The SaveDiversity Ready number is overstated, but we do know that at the end of July there were about 30K issued and then KCC scheduled over 24K people in August and September. So - very close to all being scheduled. I expect about 4K, perhaps 5K recycled visas at the end of August, and KCC reported they sent 708 cases to USCIS (about 1400/1500 people).

Frustratingly, the process as previously implemented (meaning unless something changed for this year), does not allow visas from September refusals to be recycled - and there should be some since there are about 10K people scheduled for September (so I would expect 2k refusals). Some of those can be recycled within the embassy (i.e. used for their own clearing AOP cases), but the majority won't make it back to the VO, and therefore IVAMS. This means the year will almost certainly not hit the actual limit, BUT KCC might refuse to schedule/allocate more visas as it won't see the embassy returned visas until it is too late to use them.

Bottom line, not trying to scare anyone for fun, people should understand the position we are in and do what they can to get their cases concluded asap.
 

archeronfield

New Member
OK, firstly, in order to schedule a CP case the visa office needs to allocate the needed visas for each person on the case. So - when you see an embassy taking 40 cases, including 85 people, the VO allocates 85 visas to that embassy for the month of interviews. At the end of the month the embassy has to account for those visas, returning unused visas to the pool (which can then be used for other cases). So - they return visas for no shows, denials and AP.

Now contrast that with AOS. There is no pre-allocation of visas. The last processing step after the interview is for the IO to check a system called IVAMS, and "draw down" the visas needed from the case. That system has direct, live access to the VO maintain numbers. So - we did have a year where AOS interviews were concluded successfully but no visas could be issued. That happened about September 9th.

The CP visa recycling will happen at the end of August so there will be visas at the beginning of September. However, there are about 7K AP cases in flight, so if they clear them, they will be drawing from the same pot that AOS draws from. Things are tight because I estimate almost all the 54850 have been scheduled. The SaveDiversity Ready number is overstated, but we do know that at the end of July there were about 30K issued and then KCC scheduled over 24K people in August and September. So - very close to all being scheduled. I expect about 4K, perhaps 5K recycled visas at the end of August, and KCC reported they sent 708 cases to USCIS (about 1400/1500 people).

Frustratingly, the process as previously implemented (meaning unless something changed for this year), does not allow visas from September refusals to be recycled - and there should be some since there are about 10K people scheduled for September (so I would expect 2k refusals). Some of those can be recycled within the embassy (i.e. used for their own clearing AOP cases), but the majority won't make it back to the VO, and therefore IVAMS. This means the year will almost certainly not hit the actual limit, BUT KCC might refuse to schedule/allocate more visas as it won't see the embassy returned visas until it is too late to use them.

Bottom line, not trying to scare anyone for fun, people should understand the position we are in and do what they can to get their cases concluded asap.
Thank you for the clear explanation and informing us. I totally know how sincere you are. I totally believe to be realistic and know the risks, actually I was the one who brought this subject to this thread here as I saw the numbers and I was frightened to say the least. So, I advised anyone here to do whatever they can do to finish this thing in August, not in September.

I know this is a very detailed question but by any chance you can estimate who are involved in these 708 AOS transfered cases? I mean I hope people like who informed KCC doing AOS and waiting for the interview somehow are in that number, or KCC somehow will save numbers for us so we will be safe (But I doubt it really, just keep my fingers crossed :) )

Thank you again @Britsimon
 

NikkiBNY22

New Member
Congrats! How did you get the notice in 1 day? By mail in 1 day? I think you said yesterday, you chatted and they said no interview was scheduled. Did you get an email or text? (Mail takes like 5 days here as I understand) Congrats again @NikkiBNY22
Thank you! I got a notice by mail. The notice issued date 8/6/2022. I do not understand why the agent told me no interview was scheduled too. I think the agent can only see the case updates from the system. Hope you will get the notice soon!
 
@Britsimon thanks for such great explanation !
Now I have more understanding on what's going on, we have to push our cases to be interviewed before September 9th or before last visa recycle.
Today I also tried to contact with Emma live agent, and explain my case and asked if there anything that we can do to expedite my case ?
Got this response
When you place a request to expedite your case you are requesting your case be placed under review. Once an expedite has been granted we do not have any timeframes onto when a decision will be made. Keep in mind if your case happens to be under review already this request will automatically be denied. Denials may lead to an increase in processing time because they must stop processing over your case in order to determine if you qualify for an expedite. You can only submit documents if the service center asks for additional documentation and they can deny your request without asking for documentation. Also because of the COVID-19 pandemic, USCIS is not approving expedite requests unless they deem it to be under extreme dire circumstances. The most common reasons that get denied are loss of job, severe financial loss, and emergency travel. I would like to thank you for contacting USCIS Contact Center. To save yourself some time, we invite you to explore our online tools at uscis.gov/tools the next time you need to contact us. You can access the same information on that site anytime, without the wait. Please, enjoy the rest of your day!
It was end of the day, and representative immediately ended chat after sending this reply.

What's my option right now ? What else I could do to bring immigration officer attention to my case ?
 

Britsimon

Super Moderator
Thank you for the clear explanation and informing us. I totally know how sincere you are. I totally believe to be realistic and know the risks, actually I was the one who brought this subject to this thread here as I saw the numbers and I was frightened to say the least. So, I advised anyone here to do whatever they can do to finish this thing in August, not in September.

I know this is a very detailed question but by any chance you can estimate who are involved in these 708 AOS transfered cases? I mean I hope people like who informed KCC doing AOS and waiting for the interview somehow are in that number, or KCC somehow will save numbers for us so we will be safe (But I doubt it really, just keep my fingers crossed :) )

Thank you again @Britsimon

Again, numbers are not saved for AOS cases. I am certain of that. I have seen a number of court declarations that describe the process, including one from a couple of months ago. I also experienced this and discussed it with the IO back in 2014 in my own case. KCC send the cases to USCIS based on the fee payments, but do not "reserve" the visas at all. They can't. That's not how it works.
 

Britsimon

Super Moderator
@Britsimon thanks for such great explanation !
Now I have more understanding on what's going on, we have to push our cases to be interviewed before September 9th or before last visa recycle.
Today I also tried to contact with Emma live agent, and explain my case and asked if there anything that we can do to expedite my case ?
Got this response

It was end of the day, and representative immediately ended chat after sending this reply.

What's my option right now ? What else I could do to bring immigration officer attention to my case ?
I an sense all DV cases are expedited. When you ask for an expedite, I think they routinely deny that request. Mom could clarify. Back in my day the tools were congress person and walk in. I think the walk in has gone - so congress person might be the only option, but as always I defer to Mom on all things AOS.
 
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