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DV 2022 AOS (Adjustment of Status) Only

Zion_Hope_Alive said:
Quick questions for @Sm1smom and @SusieQQQ
1. In the event that my background check does not clear before 9/30, will my B1/B2 visa be still valid for travel until it expires?
2. Having completed the interview now can I leave the country, my host can facilitate the GC to reach me if eventually it is issued.
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Re 1, is it still less than 6 months since you entered ?

Even if that’s the case, I personally think if aos is not successful there’s a good chance your visa will be cancelled seeing as you attempted to aos from B status. The non-immigrant intent that you demonstrated to get the visa is demonstrably no longer in place. (And fwiw I don’t think quite the same applies to E )
 
Benbob said:
A question iv'e been wondering, If we aren't successful in getting a Greencard, will that effect our E3 renewal? Going through this process will show intent to stay in the country and could mean a denial?

Does anyone with an E3 have any insight to this?
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Yes.

Immigrant intent has to do with what a USCIS or CBP officer thinks you will do once you're in the US or what they thought your intentions were when requesting entry to the US.

It's all about intent, so it comes down to what the officer ultimately believes you'll do next. Some of the things they're trying to determine are:

1. Do you intend to pursue a green card in the US via AOS once in the US? [As you've attempted this before, chances are extremely high that they'll assume you still intend to pursue a GC]

2. Did you clearly intend to pursue a green card in the US via the AOS process when you requested entry to the US in the E3 visa status? [As you did request a GC in your previous E3, this will almost certainly be a "yes"]

Non-exhaustive, but these are the sort of questions that could be asked or researched regarding any application for an E3 and immigrant intent.

Immigrant intent can be analysed/determined during the following instances:

1. When applying for an E3 visa at a US Consulate
2. When requesting entry to the US using your E3 visa status at a port of entry
3. When applying for a green card in the US via AOS after entry on an E3 visa (this is usually the 90-day rule).

If it is determined that you have or had immigrant intent during one of these instances, the results could be disastrous.

When applying for a visa, if the consular officer suspects you have the intent to apply for a green card once in the US or that you have the intent to carry on activity that is only consistent with that of a permanent resident, they could conclude that you have immigrant intent and deny the visa application.

When requesting entry to the US at a port of entry, if a Customs and Border Protection officer determines you have the intent to pursue a green card once in the US or that you have the intent to carry on activity once in the US that is only consistent with that of a permanent resident, they could conclude that you have immigrant intent and not permit you entry to the US.

Note: if you roll the dice and apply for another E3/non-immigrant visa after expressing immigrant intent and you get denied, you'll have to declare that on all future entry/applications when you're asked "have you ever been denied a US visa". Which could then affect additional visas moving forward.

If you've submitted your AOS intentions (which it sounds like you have), wouldn't recommend attempting to apply for a non-immigrant visa again for the foreseeable future. Hence, why I was so worried this whole time. It's a major gamble.
 
AustrAlien said:
Yes.

Immigrant intent has to do with what a USCIS or CBP officer thinks you will do once you're in the US or what they thought your intentions were when requesting entry to the US.

It's all about intent, so it comes down to what the officer ultimately believes you'll do next. Some of the things they're trying to determine are:

1. Do you intend to pursue a green card in the US via AOS once in the US? [As you've attempted this before, chances are extremely high that they'll assume you still intend to pursue a GC]

2. Did you clearly intend to pursue a green card in the US via the AOS process when you requested entry to the US in the E3 visa status? [As you did request a GC in your previous E3, this will almost certainly be a "yes"]

Non-exhaustive, but these are the sort of questions that could be asked or researched regarding any application for an E3 and immigrant intent.

Immigrant intent can be analysed/determined during the following instances:

1. When applying for an E3 visa at a US Consulate
2. When requesting entry to the US using your E3 visa status at a port of entry
3. When applying for a green card in the US via AOS after entry on an E3 visa (this is usually the 90-day rule).

If it is determined that you have or had immigrant intent during one of these instances, the results could be disastrous.

When applying for a visa, if the consular officer suspects you have the intent to apply for a green card once in the US or that you have the intent to carry on activity that is only consistent with that of a permanent resident, they could conclude that you have immigrant intent and deny the visa application.

When requesting entry to the US at a port of entry, if a Customs and Border Protection officer determines you have the intent to pursue a green card once in the US or that you have the intent to carry on activity once in the US that is only consistent with that of a permanent resident, they could conclude that you have immigrant intent and not permit you entry to the US.

Note: if you roll the dice and apply for another E3/non-immigrant visa after expressing immigrant intent and you get denied, you'll have to declare that on all future entry/applications when you're asked "have you ever been denied a US visa". Which could then affect additional visas moving forward.

If you've submitted your AOS intentions (which it sounds like you have), wouldn't recommend attempting to apply for a non-immigrant visa again for the foreseeable future. Hence, why I was so worried this whole time. It's a major gamble.
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While I don’t disagree in theory with what you’ve written, I think the fact that an E allows you to live and work in the US makes the considerations granting it somewhat different to a B - no incentive to work illegally for example as happens so often on a B, and overstays with the shorter expiry of a B etc.
 
SusieQQQ said:
While I don’t disagree in theory with what you’ve written, I think the fact that an E allows you to live and work in the US makes the considerations granting it somewhat different to a B - no incentive to work illegally for example as happens so often on a B, and overstays with the shorter expiry of a B etc.
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I heard it also depends on the consular officer who is interviewing you and the CBP agent who ultimately grants you entry into the country. [edit: realized AustrAlien already mentioned this]

+ As someone who’s had four E3 visas before becoming a LPR, the lawyers always told me to write and sign a letter confirming I had the intention of returning back to Australia. It seemed like a “check the box” exercise but AOS would invalidate the non immigrant provision of the visa.
 
SusieQQQ said:
While I don’t disagree in theory with what you’ve written, I think the fact that an E allows you to live and work in the US makes the considerations granting it somewhat different to a B - no incentive to work illegally for example as happens so often on a B, and overstays with the shorter expiry of a B etc.
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Yep, this is 100% correct!
 
SusieQQQ said:
While I don’t disagree in theory with what you’ve written, I think the fact that an E allows you to live and work in the US makes the considerations granting it somewhat different to a B - no incentive to work illegally for example as happens so often on a B, and overstays with the shorter expiry of a B etc.
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Just spoke to my company's immigration lawyer. He says:

"No, it won't stop you from renewing your E-3. E3 is not dual intent, but it's also treated a bit more nebulous than some of the other nonimmigrant intent ones."
 
AustrAlien said:
Yep, this is 100% correct!
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i mean, if someone wants to live and work in the US… the E allows you to do that legally.
They do also look at past abuses of visa types especially by nationality, for B anyway and I assume for other types. I imagine an E is fairly safe in this regard.

dazza2104 said:
I heard it also depends on the consular officer who is interviewing you and the CBP agent who ultimately grants you entry into the country.
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Consulate rather than individual CO. And yes of course the CBP agent is the final arbiter. But if you ever watch those border security programs (I love them lol), when do people get refused entry on a B? When they look like they want to live and work in the US (bring resumes, changes of clothing for more than one season, don’t have enough money to support themselves while there, etc) All of that is normal for an E visa. Most likely chance of rejection at entry for E visa imo is you have a USC or LPR spouse and therefore clear sight to AOS.
 
I just received my green card in the mail :') Thank you to everyone in this forum for your care and support, I definitely wouldn't have made it through this process otherwise. Here are some notes and advice from my experience:

1. Please please PLEASE get USPS Informed Delivery - it is free and can save you a lot of delays. USPS lost my original biometrics letter and I only know because of informed delivery. USCIS wouldn't have sent me a new one for a long time if I didn't notice and ask for a new copy (see no. 2).

2. When it comes to calling USCIS, I had horrible luck talking to agents about my missing letter. Tier 1 agents couldn't see my appointment was scheduled and told me to leave it alone. After 10+ calls, an agent told me it was my biometrics letter and placed me in line for a priority tier 2 callback (the appointment was a week away). Two days later I was called and they emailed me my letter on the spot. So, if you have an urgent issue like a missing letter, don't be afraid to ask an unhelpful tier 1 agent for tier 2 during your first call. They will at least put you on a waiting list.

3. Bring EVERYTHING to your interview (see AOS spreadsheet). I pretty much brought a copy of everything in my application packet since you never know how thorough the officer will be. In my experience she asked for my EAD, driver's license/ID and diversity visa winner letter (1NL). At the end of my interview she said everything looked good and to expect an approval decision in 2 weeks, and to call if not. Unfortunately I ended up waiting over 2 months. If I could go back to my interview I would ask if I could have a business card or phone number other than the main helpline.

4. Apply for concurrent EAD/AP with your i485. I didn't think I would need a new EAD but applied just in case, and ended up having to expedite it due to my OPT EAD expiring after my interview. When it came to expediting through EMMA, I basically stated that high inflation would cause me to go broke if I wasn't able to work. I literally gave them 2 sentences why I needed the expedite and it was accepted. They didn't ask for any evidence and my EAD was produced a day later.

5. During the delays in my application, I made requests through everything. I placed inquiries through the Ombudsman, my congressman, senator, tier 1 agents, FOIA, and e-requests. Most of my requests never amounted to anything, but I did get my green card approved the same day of my FOIA request. This could be the cause or just coincidence. Nevertheless, the most help I got in the process was through one tier 2 agent who I requested and one lucky tier 1 agent.

6. I had to go to biometrics twice because they chopped off half my head in my photo the first time. If you can see at your appointment an obvious error like that, it doesn't hurt to ask them to redo it. The photo they take at biometrics will be the one on your card and I didn't know that until I got my EAD.

7. Lastly, please take care of your mental health! As someone who suffers from intense anxiety, it was hard to stay calm when USCIS was not helping me with my issues. If you have mental health issues and can afford it, go to a therapist since the process can be grueling, anxiety inducing, and pretty damn depressing at times.

Good luck to everyone and thanks once again!
 
lcopp13 said:
7. Lastly, please take care of your mental health! As someone who suffers from intense anxiety, it was hard to stay calm when USCIS was not helping me with my issues. If you have mental health issues and can afford it, go to a therapist since the process can be grueling, anxiety inducing, and pretty damn depressing at times.
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Congrats on your new status! Good note on the mental health. I remember when I was waiting after our interview, it was almost mid-September and I just didn't want to think about Ombudsman etc because it was just driving me crazy. As a last effort (so that I don't regret it later) I sent an email to our congressional caseworker, who sent a follow up email in the morning to USCIS and later afternoon I received an email letting me know that they were informed that our cases were just approved.

PS: You would think the news gets old after a while, but it never does! I don't know if our case was approved that day because of that email or not, but I'd like to think that it was!

Also, my prayers are for all waiting for approvals or interviews.
 
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Hey guys,

Just want to quickly update y’all on my interview experience.

Following the advice, I arrived earlier and proceeded straight to the security. They asked about my appointment and I showed them the invitation. Went thru a security check device, just like a regular airport security check, but they ultimately allowed me to carry my phone and belongings (except for a water bottle, so had to do a quick trip back to my car). As someone mentioned, masks were still required in the facility so I’m glad I picked a spare with me.

Waited in the empty hall for about 5 min and they invited me to a small personal office. Took the oath right there. The guy was very friendly and explained the process and expectations upfront. Apparently, he took a look at the case but said that some of the info couldn’t be accessed until the applicant shows up, so there was an awkward 5-min pause while he was checking the case once more time. Asked for my ID (driver’s license worked) and then from my passport but ended up not checking it. Then he took a picture of me using a small webcam and asked me to scan both my index fingers to confirm my identity. Then he explained that my case looked all good and the process should be very straightforward.

On 485 form, he:
  • verified my name
  • address
  • asked what I’m doing for a living
  • asked about the last time I entered the US and how many times before
  • checked my parents' names
  • inquired about my universities and field of study
  • asked a bunch of questions about my marriage and kiddos (the only additional documents that he actually looked at were the birth certs of my kids)
  • then we went over a bunch yet not all Y/N questions (mostly about maintaining status and illegal activities)
  • add a small note about a certain past activity, so that the form ended up being edited and I signed it again.
So, the whole process took about 30 minutes. Then he said that my case looked all good and he would love to request a visa for me but said that the DHS(?) system where he can procure visas had been inaccessible for some time, so he couldn’t do that right on the spot. Said I should see an update either by EOD today or on Monday. He actually went ahead and updated my status so it reads “interview was completed and the case must be reviewed.” He mentioned that the outage is quite unusual and had to be resolved very soon as it affects all types of visas/cases.

Interestingly, the officer also mentioned that:
  • he scheduled the interview within a couple of days after receiving the case and made it a priority (which made me wonder where my case had been all those 2+ months)
  • surprisingly, he was very familiar with the DV cases and said on that day alone he was going to review about 10 DV cases – dunno, seems quite a lot for my relatively less populated area
  • he assured me that he is very invested in approving my case as apparently their performance metrics are tied to that number of approved cases and, on top of that, the end of the fiscal year also applied to them so they are motivated to approve those “easy” cases. FWIW
All in all, the experience was very in line with what others described and not too stressful. Let’s see how it will pan out. Could’ve missed a few minor things so feel free to ask.
 
SusieQQQ said:
Re 1, is it still less than 6 months since you entered ?

Even if that’s the case, I personally think if aos is not successful there’s a good chance your visa will be cancelled seeing as you attempted to aos from B status. The non-immigrant intent that you demonstrated to get the visa is demonstrably no longer in place. (And fwiw I don’t think quite the same applies to E )
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Thank you
 
cbs5hiuc said:
Wow amazing thank you! Will do this today. THANKS SO MUCH ALL! So appreciative of your help and optimism!
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Providing another update! I called USCIS this morning and the guy on the phone said I could request to expedite and that there was no disadvantage to doing so, if they deny the request nothing happens to my application. I then asked about the tier-2 agent and he said it would take up to 30 days and could unfortunately not mark me as urgent. I said ok after asking again - didn't want to make a fuss. Called later again today and spoke to a lovely lady who put in another request for me after not being able to mark the existing one as urgent. She marked the new one urgent and said they would call Monday!

So I have done the following things:
- Submitted a congressional inquiry
- Submitted a request through the Senator
- Sent a letter to the Chicago Lockbox
- Submitted an expedite request through USCIS under the criteria "USCIS has made an error" or something along those lines
- Have made a request to speak to a tier-2 agent which was marked as urgent, so I'll get the call in 72 hours

If these things don't work I will be reaching out to the FOIA per someone's message above and the USCIS Manhattan Field Office.

Fingers crossed! I appreciate the continued support and recommendations - I believe it will all work out!
 
cbs5hiuc said:
Providing another update! I called USCIS this morning and the guy on the phone said I could request to expedite and that there was no disadvantage to doing so, if they deny the request nothing happens to my application. I then asked about the tier-2 agent and he said it would take up to 30 days and could unfortunately not mark me as urgent. I said ok after asking again - didn't want to make a fuss. Called later again today and spoke to a lovely lady who put in another request for me after not being able to mark the existing one as urgent. She marked the new one urgent and said they would call Monday!

So I have done the following things:
- Submitted a congressional inquiry
- Submitted a request through the Senator
- Sent a letter to the Chicago Lockbox
- Submitted an expedite request through USCIS under the criteria "USCIS has made an error" or something along those lines
- Have made a request to speak to a tier-2 agent which was marked as urgent, so I'll get the call in 72 hours

If these things don't work I will be reaching out to the FOIA per someone's message above and the USCIS Manhattan Field Office.

Fingers crossed! I appreciate the continued support and recommendations - I believe it will all work out!
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This is great, please keep us posted after your call with the USCIS Tier 2 agent. What does FOIA do? What information can we request to make public from the USCIS regarding our case?
 
Update on our cards
My card was delivered to me today. My husband's card was picked up by the USPS today and its on the way. It was wired that my card was from Corbin KY and husbands card is coming from Kansas city MO.

Two more question I have.
1. My husband already have the SSN. He is planning to start working once he get the card. But on SSN it says work under DHD authorization only. Will it be a problem for a background check for a job?
2. Do my husband need to pay a visit to SSA resolve this?
 
GADDMBK said:
Update on our cards
My card was delivered to me today. My husband's card was picked up by the USPS today and its on the way. It was wired that my card was from Corbin KY and husbands card is coming from Kansas city MO.

Two more question I have.
1. My husband already have the SSN. He is planning to start working once he get the card. But on SSN it says work under DHD authorization only. Will it be a problem for a background check for a job?
2. Do my husband need to pay a visit to SSA resolve this?
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1. I think the background check of the new job is out of the scope of this forum but he can present his Social Security card along with the green card and that should suffice the new employer.

2. He needs to visit the Social Security office to get that restriction off of his card but I personally haven’t done that and I am able to work just by presenting my green card. But let’s say that my card has been lost and I need to change my job and in that scenario I would need to present my Social Security card without a restriction so it is a better idea to do that right away.
 
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