DV 2022 AOS (Adjustment of Status) Only

[Adel10]

DV22 and you need to AOS before the end of this month? When does your B visa i94 expire?

Has your lawyer done anything useful for you?

Yes DV22
14Oct
Lawyer is useless and i wasted my money on him . No communication , i send him 3 4 emails he will respond to one. Has no clue on DV.

 

[Sm1smom]

KCC is refusing to transfer my case file to USCIS saying that i only made one DV fee payment instead of 3 . I explained to them that my family is FTJ and gave them proof from DOS website that their DV fees cannot be paid in the US .In addition , I indicated on my DS-260 that they will FTJ. I explained this to them 6 or 7 times . Today, I received another email from them again stating the same the same thing. I am on B1/B2 and i have a lawyer. What should i do?

Each time the KCC sends an email which does not seem to acknowledge the information you've provided as to why only one payment was made, send a new response to their original email request without making any reference to whatever correspondence already happened. Open the original email and hit respond, like you are responding for the first time. They will eventually get in.

p.s. add your storyline to the Timeline spreadsheet.

 

[cbs5hiuc]

Hi All,

Providing another update here.

• Contacted Kristen Gillibrand (Senator) on August 17th but have not heard anything back. Attempted to get through via telephone and sent a follow-up note on August 31st via email but have not received a response.
• Contacted Charles Schumer (Senator) on August 17th but have not heard anything back, tried calling but no answer. Attempted to get through via telephone and sent a follow-up note on September 6th via email but have not received a response.
• Called a couple of USCIS Tier-1 agents during the week beginning August 22nd and requested to be called by a Tier-2 agent.
• Contacted Jerry Nadler Congressional Representative on August 25th. Called the following week to have them mark my case as urgent but have not heard back and cannot get through via telephone (they said it could take weeks - time which I sadly do not have).
• Sent a letter explaining the situation to the Chicago Lockbox on August 25th, where I originally sent my AOS application.
• A Tier-1 Agent helped me to apply for an expedite request on August 26th (under the criteria, USCIS has made an error) for which I am now giving evidence
• The Tier-2 agent returned my call on August 31st and explained that I should just wait it out. He advised that I provide evidence to have my case expedited.
• Sent a follow-up note to Jerry Nadler’s office via an online form on August 31st expressing the urgency. I have not heard back.
• Filled out the online DHS Form 7001 Case Assistance Form, for the Department of Homeland Security’s (DHS) Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) on September 1st since a congressional inquiry has not been made. I have not received a response.
• Sent evidence to the Manhattan FO under the criteria: emergency and USCIS error in hopes of them pushing this along. They could deny it but I really hope they don't.

Question for Mom. Have you ever seen a case that just never got picked up and missed the cut-off date? Is there any way to appeal this under grounds that I won the lottery and am entitled to this visa? I am so worried - I have poured so much time and money into this there has to be a way. I cannot give up and just accept that I am going to miss out after having done everything perfectly.

Thank you,
Chelsea

 

[LouiseR]

Getting an RFE for the medical does indeed show they have been working on your case, Best case outcome they’ve asked for it to be able to waive your interview -

On Thankyou Susie. Should I do the expedite request anyway? I was going to also send a letter to the FO asking for an interview date and explaining the time pressure. Will try and get to the spreadsheet asap.

 

[Adel10]

Each time the KCC sends an email which does not seem to acknowledge the information you've provided as to why only one payment was made, send a new response to their original email request without making any reference to whatever correspondence already happened. Open the original email and hit respond, like you are responding for the first time. They will eventually get in.

p.s. add your storyline to the Timeline spreadsheet.

I will do that. Thank you very much!!!!!

 

[SusieQQQ]

On Thankyou Susie. Should I do the expedite request anyway? I was going to also send a letter to the FO asking for an interview date and explaining the time pressure. Will try and get to the spreadsheet asap.

Do whatever you feel comfortable doing to speed your case up, given it is already September.

 

[Sm1smom]

Hi All,

Providing another update here.

• Contacted Kristen Gillibrand (Senator) on August 17th but have not heard anything back. Attempted to get through via telephone and sent a follow-up note on August 31st via email but have not received a response.
• Contacted Charles Schumer (Senator) on August 17th but have not heard anything back, tried calling but no answer. Attempted to get through via telephone and sent a follow-up note on September 6th via email but have not received a response.
• Called a couple of USCIS Tier-1 agents during the week beginning August 22nd and requested to be called by a Tier-2 agent.
• Contacted Jerry Nadler Congressional Representative on August 25th. Called the following week to have them mark my case as urgent but have not heard back and cannot get through via telephone (they said it could take weeks - time which I sadly do not have).
• Sent a letter explaining the situation to the Chicago Lockbox on August 25th, where I originally sent my AOS application.
• A Tier-1 Agent helped me to apply for an expedite request on August 26th (under the criteria, USCIS has made an error) for which I am now giving evidence
• The Tier-2 agent returned my call on August 31st and explained that I should just wait it out. He advised that I provide evidence to have my case expedited.
• Sent a follow-up note to Jerry Nadler’s office via an online form on August 31st expressing the urgency. I have not heard back.
• Filled out the online DHS Form 7001 Case Assistance Form, for the Department of Homeland Security’s (DHS) Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) on September 1st since a congressional inquiry has not been made. I have not received a response.
• Sent evidence to the Manhattan FO under the criteria: emergency and USCIS error in hopes of them pushing this along. They could deny it but I really hope they don't.

Question for Mom. Have you ever seen a case that just never got picked up and missed the cut-off date? Is there any way to appeal this under grounds that I won the lottery and am entitled to this visa? I am so worried - I have poured so much time and money into this there has to be a way. I cannot give up and just accept that I am going to miss out after having done everything perfectly.

Thank you,
Chelsea

I feel bad knowing there's been no headway with your case, while all those who filed at the same time or shortly after you (same FO) have already been approved. Unfortunately, yes, there have been a couple of cases in the past that did not get scheduled for an interview due to pending background check clearance (their FO simply wouldn't schedule the interview while the BC was pending).

We've also had a handful that got invited for the interview in October (following the end of their applicable FY), the applications were subsequently denied though as USCIS is statutorily prohibited from issuing a DV based visa once the FY is over. There is no ground for an appeal AFAIK.

 

[cbs5hiuc]

I feel bad knowing there's been no headway with your case, while all those who filed at the same time or shortly after you (same FO) have already been approved. Unfortunately, yes, there have been a couple of cases in the past that did not get scheduled for an interview due to pending background check clearance (their FO simply wouldn't schedule the interview while the BC was pending).

We've also had a handful that got invited for the interview in October (following the end of their applicable FY), the applications were subsequently denied though as USCIS is statutorily prohibited from issuing a DV based visa once the FY is over. There is no ground for an appeal AFAIK.

Wow it just gets worse and worse!

Finally received the below note from Jerry Nadler's congressional office today:

Thank you for contacting Congressman Nadler's office regarding your Diversity Visa Lottery. With the information you have sent me, I can make a congressional inquiry on your behalf to the service center and hopefully they can provide an update on your case.
Unfortunately, our office cannot expedite the processing of these visas and/or the scheduling of interviews. The reality of this situation is entirely the fault of USCIS, and thousands of these visas will go un-used because of the backlog of every single adjustment of status application. Currently, there is a pending class-action lawsuit that is still being argued in court, I have attached the link if you would like to read further into that matter: Lawsuit Tries To Save Interviews For Diversity Visa Immigrants (forbes.com) .

I wish there was more that I could do, however, it is unlikely that because we send an inquiry that it will be handled faster or approved. I can't even begin to understand how terrible this is, which is why I still want to inquire and do the most that I can from my end. It is a really messed up situation and I can't apologize enough for our limitations here. If I hear anything before 30 September, I will be sure to update you ASAP.

 

[Sm1smom]

Wow it just gets worse and worse!

Finally received the below note from Jerry Nadler's congressional office today:

Thank you for contacting Congressman Nadler's office regarding your Diversity Visa Lottery. With the information you have sent me, I can make a congressional inquiry on your behalf to the service center and hopefully they can provide an update on your case.
Unfortunately, our office cannot expedite the processing of these visas and/or the scheduling of interviews. The reality of this situation is entirely the fault of USCIS, and thousands of these visas will go un-used because of the backlog of every single adjustment of status application. Currently, there is a pending class-action lawsuit that is still being argued in court, I have attached the link if you would like to read further into that matter: Lawsuit Tries To Save Interviews For Diversity Visa Immigrants (forbes.com) .

I wish there was more that I could do, however, it is unlikely that because we send an inquiry that it will be handled faster or approved. I can't even begin to understand how terrible this is, which is why I still want to inquire and do the most that I can from my end. It is a really messed up situation and I can't apologize enough for our limitations here. If I hear anything before 30 September, I will be sure to update you ASAP.

This update does not mean things have gotten worse. Seems to me like your expectation of a congressional inquiry is off, I’m sorry to say. A congressional inquiry does not necessarily mean the case gets expedited, no member of congress (House of Rep or Senator) has the power to request or enforce a case expedite.

The intent and purpose of a congressional inquiry is to kind of “gently nudge” a case along, especially in situations where a case might have unintentionally fallen through the cracks, which may be the situation with your case.

So it is indeed a good thing they’ve confirmed they will be following up with USCIS to get a case update on your behalf. The email is basically a confirmation of what a congressional inquiry does. Hang in there!

 

[jpnana]

Hey all! @m_abdulhafez 's FTJ derivative here. I went for my interview today at the US Embassy in Tokyo.

They took a look at our original marriage certificate, my original birth certificate, financial support documents (mostly bank statements and HR letters), DS-260 confirmation page, and the police certificates. the interviewer was very nice and we mostly casually chatted about the US, but he asked me questions my job and my husband's job, as well as our marriage date. Overall it went smoothly and he said he sees no reason not to approve the visa. He mentioned that the package with my passport should arrive within a week. Fingers crossed! Will update soon.

I do have one question about the GC though. I wonder if there is a way to just have my first and last name on the green card as opposed to my extended first name (which includes my father's name and grandfather's name). Is there a way to do that at this point?

Timeline for reference (copied/updated from @m_abdulhafez 's post)
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.
08/01/2022: + Received NOA +Wife called embassy to inform them about case, agent requested that she email over final NOA.
08/02/2022: Original Tier 2 call request was cancelled. Called USCIS again, explained case to Tier 1 agent to request expedited Tier 2 call.
08/04/2022: Mailed out I-824 form and Submitted inquiry to Senator office, called to explain case.
08/05/2022: + Received Green Card. Received Tier 2 call, explained case to agent who forwarded inquiry to FO.
+ Wife received email from embassy Immigrant Visa division to email final NOA, resident card, phone number, address. We added Marriage certificate, Award letter, copy of passport, DS-260 (myself and hers).
08/09/2022: Received email from state department to log into dv website for an update, logging in shows a letter from KCC stating that:
"KCC has completed the processing of the case and forwarded to interviewing office, Further inquiries should be addressed to the interviewing office" and "An appointment has been scheduled for you at the US embassy stated below (Tokyo)" on the 14th of September.
DS-260 page changed to show that case was now at Tokyo. (the interview was made earlier by the embassy)
08/22/2022: Received email from the IV unit of the Embassy in Tokyo that the interview was moved to the 6th of September. They also asked me to submit the paperwork beforehand by post. I sent everything the next day by registered mail.
09/6/2022: Interview at US embassy in Tokyo.

Update! I just got my passport back via registered mail today! We still can't believe it!
My case approval date was 09/7/2022 (one day after the interview), in case @Sm1smom needs to update the spreadsheet.

Needless to say, we could not have done this without yall. Huge thanks to @Sm1smom @SusieQQQ @Britsimon and all the past FTJ people who were kind enough to share their detailed process in the forum.

Lots of love and positive vibes from Tokyo.

 

[Sm1smom]

Update! I just got my passport back via registered mail today! We still can't believe it!
My case approval date was 09/7/2022 (one day after the interview), in case @Sm1smom needs to update the spreadsheet.

Needless to say, we could not have done this without yall. Huge thanks to @Sm1smom @SusieQQQ @Britsimon and all the past FTJ people who were kind enough to share their detailed process in the forum.

Lots of love and positive vibes from Tokyo.

Congrats and thanks for the update. Safe travels!

 

[jpnana]

Congrats and thanks for the update. Safe travels!

Thanks @Sm1smom ! By the way, @m_abdulhafez 's FO was Phoenix AZ. In case you need more accurate info for the spreadsheet.

 

[AustrAlien]

Wow it just gets worse and worse!

Finally received the below note from Jerry Nadler's congressional office today:

Thank you for contacting Congressman Nadler's office regarding your Diversity Visa Lottery. With the information you have sent me, I can make a congressional inquiry on your behalf to the service center and hopefully they can provide an update on your case.
Unfortunately, our office cannot expedite the processing of these visas and/or the scheduling of interviews. The reality of this situation is entirely the fault of USCIS, and thousands of these visas will go un-used because of the backlog of every single adjustment of status application. Currently, there is a pending class-action lawsuit that is still being argued in court, I have attached the link if you would like to read further into that matter: Lawsuit Tries To Save Interviews For Diversity Visa Immigrants (forbes.com) .

I wish there was more that I could do, however, it is unlikely that because we send an inquiry that it will be handled faster or approved. I can't even begin to understand how terrible this is, which is why I still want to inquire and do the most that I can from my end. It is a really messed up situation and I can't apologize enough for our limitations here. If I hear anything before 30 September, I will be sure to update you ASAP.

Im seriously on the edge of my seat for you, and hoping you make it through!

I know it feels bleak, but this is good news! It means if the case has somehow been forgotten/missed, they're likely to pick it up again, and this is really the best case scenario right now. My fingers, toes, and all other appendages are crossed for you! Hoping we can laugh about this over a beer a couple of months from now like "do you remember how worried we were? Glad it was all fine in the end though".

 

[Adel10]

Some1smom , What a genius of a person you are . I copied the info about FTJ fee FAQ SPREADSHEET and filled the info exactly as written there and just got a reply from KCC that they transferred my case to USCIS and any further inquiries pertaining to this case should be addressed to USCIS.
I will update my case on the timeline once you approve the request

 

[Sm1smom]

Some1smom , What a genius of a person you are . I copied the info about FTJ fee FAQ SPREADSHEET and filled the info exactly as written there and just got a reply from KCC that they transferred my case to USCIS and any further inquiries pertaining to this case should be addressed to USCIS.
I will update my case on the timeline once you approve the request

Glad to know you find got through to them on that.

 

[AF00033k]

@Sm1smom Hey mom the FO called my attorney and told him that he’s waiting to approve my case without an interview but I haven’t paid for my derivative. He explained my KCC is not realizing the file due to non payment despite telling them a week ago my derivative is not doing AOS. Attorney advised to go ahead and pay the $330 count my losses but get the green card. Any thoughts?

 

[Sm1smom]

@Sm1smom Hey mom the FO called my attorney and told him that he’s waiting to approve my case without an interview but I haven’t paid for my derivative. He explained my KCC is not realizing the file due to non payment despite telling them a week ago my derivative is not doing AOS. Attorney advised to go ahead and pay the $330 count my losses but get the green card. Any thoughts?

Your call at this point.

 

[Blade_]

@Sm1smom Hey mom the FO called my attorney and told him that he’s waiting to approve my case without an interview but I haven’t paid for my derivative. He explained my KCC is not realizing the file due to non payment despite telling them a week ago my derivative is not doing AOS. Attorney advised to go ahead and pay the $330 count my losses but get the green card. Any thoughts?

Maybe include a letter in the money order you send to KCC and explain it to them again? But that might confuse them, so just a thought.

 

[Adel10]

@Sm1smom Hey mom the FO called my attorney and told him that he’s waiting to approve my case without an interview but I haven’t paid for my derivative. He explained my KCC is not realizing the file due to non payment despite telling them a week ago my derivative is not doing AOS. Attorney advised to go ahead and pay the $330 count my losses but get the green card. Any thoughts?

Have you received an email from KCC informing you about the process of FTJ for your family back home and acknowledging at the bottom of the email that "KCC transferred your case to USCIS and any further inquiries about this case should be addressed to USCIS?

 

[AF00033k]

Have you received an email from KCC informing you about the process of FTJ for your family back home and acknowledging at the bottom of the email that "KCC transferred your case to USCIS and any further inquiries about this case should be addressed to USCIS?

No I haven’t what did you do to receive this response. That’s the response I received.