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DV 2022 AOS (Adjustment of Status) Only

Oh, i found it. Actually not sure if it’s the same one I was thinking of but same outcome/implications for you if not.

The district court properly dismissed Plaintiffs’ amended complaint as moot, where the time for issuance of a Diversity Visa had expired and the court lacked jurisdiction to order the requested relief
……
The district court correctly ruled that Plaintiffs’ claims are moot, because even if a diversity visa number is still available for fiscal year 2005, Defendants lack authority to grant a visa after expiration of the fiscal year and thus, the district court lacked authority to impose a remedy for Plaintiff’s alleged injuries.
 
@Sm1smom, after @cbs5hiuc's post last week Monday, I contacted the same lawyer on the same day. He had planned to travel out of state till last Friday, instead, he had his paralegal hand in a letter to the NYC field office and talk to a supervisor. Since we did not hear from the field office by last Friday, we tried going there with the lawyer on Friday morning. Every security person knew him and they quickly allow us to get inside the building. After a long time, they found our applications (it seemed they had a hard time finding our applications and even did not know the applications are transferred from the LI field office!). They said they do not have enough staff today and promised to handle our case ASAP and call the lawyer this week Monday to schedule an interview. They did not call him on Monday and Tuesday, and we decided to go there again today. Again, we could easily get into the building and they said they had forgotten our applications! The lawyer politely insisted to schedule an interview for today. They finally did and our cases got approved and our status changed to "New Card Is Being Produced"!
@Sm1smom, I'd like to thank you a lot for all your precious advice during our complicated journey, and also thank @cbs5hiuc for sharing their experience.

- During the interview, the officer said having I-134 is necessary for everyone even if you have a bank statement, pay slips, W-2, and employment letter. Our lawyer quickly filled out the forms for us during the interview.

- If your case is still pending during the last few weeks (days) of the deadline, I recommend contacting a lawyer (not necessarily familiar with DV cases but familiar with the local field office). I'm sure that without a lawyer and his persistence we could not get our applications approved by Sep. 30.

- If your application is in the NYC field office and you are approaching the deadline, I highly recommend contacting this lawyer (I think @Sm1smom has his information); He is professional, cares a lot about his clients, and completely knows the NYC field office.

- If you want to send a letter to the NYC field office, you should send it to the 7th floor, not the 3rd (but they may not care about these letters).
 
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Jagoda said:
Hey guys don't you think I can appeal based on the litigation ?
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Unfortunately I see no ground for an appeal just like your denial notice already states. In general, an applicant who has ever been out of lawful status at any time since any entry (as in failures to continuously maintain a lawful immigration status) is not eligible to file for AOS. “The departure and subsequent reentry of an applicant who has at any time failed to maintain a lawful immigration status or violated the terms of the nonimmigrant status on any previous entry into the United States does not erase the bar” INA 245 (c) (2) and INA 245 (c) (8). You might have been eligible for an exception if only you had been reinstated back to your F1 status, unfortunately you returned back to the US following the out of status with TPS.

USCIS MANUAL - Status and Nonimmigrant Visa Violations (INA 245(c)(2) and INA 245(c)(8))
 
Supernova_ said:
@Sm1smom, after @cbs5hiuc's post last week Monday, I contacted the same lawyer on the same day. He had planned to travel out of state till last Friday, instead, he had his paralegal hand in a letter to the NYC field office and talk to a supervisor. Since we did not hear from the field office by last Friday, we tried going there with the lawyer on Friday morning. Every security person knew him and they quickly allow us to get inside the building. After a long time, they found our applications (it seemed they had a hard time finding our applications and even did not know the applications are transferred from the LI field office!). They promised to handle our case ASAP and call the lawyer this week Monday to schedule an interview. They did not call him on Monday and Tuesday, and we decided to go there again today. Again, we could easily get into the building and they said they had forgotten our applications! The lawyer politely insisted to schedule an interview for today. They finally did and our cases got approved and our status changed to "New Card Is Being Produced"!
@Sm1smom, I'd like to thank you a lot for all your precious advice during our complicated journey, and also thank @cbs5hiuc for sharing their experience.

- During the interview, the offices said having I-134 is necessary for everyone even if you have a bank statement, pay slips, W-2, and employment letter. Our lawyer quickly filled out the forms for us during the interview.

- If your case is still pending during the last few weeks (days) of the deadline, I recommend contacting a lawyer (not necessarily familiar with DV cases but familiar with the local field office). I'm sure that without a lawyer and his persistence we could not get our applications approved by Sep. 30.

- If your application is in the NYC field office, I highly recommend contacting this lawyer (I think @Sm1smom has his information); He is professional, cares a lot about his clients, and completely knows the NYC field office.

- If you want to send a letter to the NYC field office, you should send it to the 7th floor, not the 3rd (but they may not care about these letters).
Click to expand...
Wow! And I was just thinking about your case a couple of hours ago today. This is awesome. I’m super happy for you. BIG congrats!!!
 
Sm1smom said:
Unfortunately I see no ground for an appeal just like your denial notice already states. In general, an applicant who has ever been out of lawful status at any time since any entry (as in failures to continuously maintain a lawful immigration status) is not eligible to file for AOS. “The departure and subsequent reentry of an applicant who has at any time failed to maintain a lawful immigration status or violated the terms of the nonimmigrant status on any previous entry into the United States does not erase the bar” INA 245 (c) (2) and INA 245 (c) (8). You might have been eligible for an exception if only you had been reinstated back to your F1 status, unfortunately you returned back to the US following the out of status with TPS.

USCIS MANUAL - Status and Nonimmigrant Visa Violations (INA 245(c)(2) and INA 245(c)(8))
Click to expand...
If I had decided to do CP, do you think my outcome would have been different ?
 
@Jagoda Again, this refers to unlawful presence, not being out of status. The page you quoted mentioned the possibility of a re-entry bar, which is where unlawful presence counts. It’s just not the same as your case. You can be out of status (bar to adjustment) without accruing any unlawful presence (matters for re-entering the US).
 
Jagoda said:
If I had decided to do CP, do you think my outcome would have been different ?
Click to expand...
I believe so, because what matters for a CP process is whether or not you accrued unlawful presence (and thus if you have a entry ban), not being out of status. In fact I believe we have seen a few people go the CP route in the past here precisely because they had been out of status at some stage.
 
Sm1smom said:
And I think it’s such a shame your lawyer did not point out the fact that you were not eligible to file for AOS based on your history when you contracted with them.
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Agreed, this is a general bar and the lawyer does not need to be familiar with DV to know about it. It is a pity.
 
I currently have a pending l-130 ( petition for adult unmarried son of LPR) from my mother. Do you guys think they would have approved my l-601A ? Way too late to ask now anyway.. My mother is 60, doesn't speak English, doesn't have a job and lives with me. Do you think these factor proves the hardship ?
 
Supernova_ said:
@Sm1smom, after @cbs5hiuc's post last week Monday, I contacted the same lawyer on the same day. He had planned to travel out of state till last Friday, instead, he had his paralegal hand in a letter to the NYC field office and talk to a supervisor. Since we did not hear from the field office by last Friday, we tried going there with the lawyer on Friday morning. Every security person knew him and they quickly allow us to get inside the building. After a long time, they found our applications (it seemed they had a hard time finding our applications and even did not know the applications are transferred from the LI field office!). They said they do not have enough staff today and promised to handle our case ASAP and call the lawyer this week Monday to schedule an interview. They did not call him on Monday and Tuesday, and we decided to go there again today. Again, we could easily get into the building and they said they had forgotten our applications! The lawyer politely insisted to schedule an interview for today. They finally did and our cases got approved and our status changed to "New Card Is Being Produced"!
@Sm1smom, I'd like to thank you a lot for all your precious advice during our complicated journey, and also thank @cbs5hiuc for sharing their experience.

- During the interview, the officer said having I-134 is necessary for everyone even if you have a bank statement, pay slips, W-2, and employment letter. Our lawyer quickly filled out the forms for us during the interview.

- If your case is still pending during the last few weeks (days) of the deadline, I recommend contacting a lawyer (not necessarily familiar with DV cases but familiar with the local field office). I'm sure that without a lawyer and his persistence we could not get our applications approved by Sep. 30.

- If your application is in the NYC field office and you are approaching the deadline, I highly recommend contacting this lawyer (I think @Sm1smom has his information); He is professional, cares a lot about his clients, and completely knows the NYC field office.

- If you want to send a letter to the NYC field office, you should send it to the 7th floor, not the 3rd (but they may not care about these letters).
Click to expand...
CONGRATS!!!! I am soo happy for you and super glad that he was able to help!! Very thankful to this community, seems someone paid it forward to me and this has now helped two people - let's keep the train going :) congratulations again.
 
Jagoda said:
I currently have a pending l-130 ( petition for adult unmarried son of LPR) from my mother. Do you guys think they would have approved my l-601A ? Way too late to ask now anyway.. My mother is 60, doesn't speak English, doesn't have a job and lives with me. Do you think these factor proves the hardship ?
Click to expand...
But you face the same ineligibility to adjust with that petition - are you planning to do consular processing for it?
What is your priority date?

I601a waiver is for unlawful presence, i thought you were claiming before that you didn’t accrue any? Regardless of that you can’t use it for AOS anyway so not sure what specific hypothetical you mean by would they have approved it.
 
goodvibes said:
@Benbob @jason7556 Hey guys, just noticed that you both have your interviews tomorrow! Good luck and I'll cross my fingers for you
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Thank you so much! @goodvibes I got my IL like three days ago, and just finished interview an hour ago. My case was not approved right away but the officer said she thinks it's good just need to double check and review some stuff. Fingers crossed and thanks again!
 
jason7556 said:
@Benbob How was your interview? I hope it went well!!!!
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Just finished about an hr ago. Had a trainee which didn't help to calm my nerves lol... but his supervisor was very nice and kept everything feeling friendly.

Alot of questions because he was clearly nervous and learning the ropes.

In the end they said everything looks good and just needed to confirm some things.

I asked about visas running out. IO said work based visas are done for 22 but DV visas are still open so everyone still waiting for interviews, good news so far. Fingers crossed x
 
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