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DV 2023 AOS (Adjustment of Status) Only

Hi mom,

I have two questions;

- Which US location do you think is the best for this year to go for AOS?
- Once our documents are received by USCIS, our case has an allocation from the quota? or We don't know if we can get a DV visa until the end of the interview because of the quota? (I am trying to understand what happens to our application if the quota is full before our interview)

Best!
 
Hi mom,
My I-485 case status changed to 'interview ready to be scheduled' around 35 days ago. I have not heard anything about it since. How long should I wait before starting an inquiry? Nashville FO has my case. Thanks.
 
So far for this year, San Antonio seems to not have scheduled any DV based AOS application (based on cases reported in this forum). I think you should at this point (considering you filed since January) consider initiating a congressional case follow up assistance.
I emailed the Senator requesting their assistance in following up on my time-limited case. They have called me to say that I should wait until August as the processing time is 6 months.

I'm going to email the Congressman this time, hoping they'll help me out.

I have some questions:
1-) On privacy release form for the Congressman, it is asking if I have contacted any other elected official regarding my case. Can I tick No, since they told I should wait and didn't initiate a casework

2-) On the other hand, should I call USCIS by trying to connect to Tier2 to clarify if my case is lost or something like AP
 
Hi mom,

I have two questions;

- Which US location do you think is the best for this year to go for AOS?
- Once our documents are received by USCIS, our case has an allocation from the quota? or We don't know if we can get a DV visa until the end of the interview because of the quota? (I am trying to understand what happens to our application if the quota is full before our interview)

Best!
1. You cannot shop around for a so called "best location" for AOS. Your filing and adjudicating process will be based on your primary place of residence.
2. Visas are not pre-allocated or reserved for DV based AOS cases. The IO only finds out if visas are available (or not) following the case approval when they request a visa number through IVAMSWEB.
 
Hi mom,
My I-485 case status changed to 'interview ready to be scheduled' around 35 days ago. I have not heard anything about it since. How long should I wait before starting an inquiry? Nashville FO has my case. Thanks.
You can start your inquiry now - try calling the USCIS customer service number or chatting with an agent via Emma to see if they're able to connect you with a Tier/Level 2 officer first (or get them to call you back) if you haven't done that as a first step already.
 
I emailed the Senator requesting their assistance in following up on my time-limited case. They have called me to say that I should wait until August as the processing time is 6 months.

I'm going to email the Congressman this time, hoping they'll help me out.

I have some questions:
1-) On privacy release form for the Congressman, it is asking if I have contacted any other elected official regarding my case. Can I tick No, since they told I should wait and didn't initiate a casework

2-) On the other hand, should I call USCIS by trying to connect to Tier2 to clarify if my case is lost or something like AP
1. I'm sorry, I cannot advise or encourage you to lie on that form. Use your own discretion. The question is straight forward IMO, it isn't asking about if any other elected official had initiated a casework on your behalf or not. So use your own instincts on this.
2. Yes, no harm in contacting USCIS directly, that really ought to have been the first step in terms of case follow up.
 
Hi Simon
is mandamus helpful when uscis not acting on your RFE package or notify they have received yours? I have an investment banking internship in the first week of June that's super important to me but I can't apply for OPT while I'm in London. EAD will also be too late... if mandamus is forcing USCIS to make a decision on my RFE package I guess I have nothing to lose?
 
1. I'm sorry, I cannot advise or encourage you to lie on that form. Use your own discretion. The question is straight forward IMO, it isn't asking about if any other elected official had initiated a casework on your behalf or not. So use your own instincts on this.
2. Yes, no harm in contacting USCIS directly, that really ought to have been the first step in terms of case follow up.
I was not clear about what they exactly asking for, but I'm clear now, thank you very much
 
Hi Simon
is mandamus helpful when uscis not acting on your RFE package or notify they have received yours? I have an investment banking internship in the first week of June that's super important to me but I can't apply for OPT while I'm in London. EAD will also be too late... if mandamus is forcing USCIS to make a decision on my RFE package I guess I have nothing to lose?
WOM is not for compelling USCIS to act on a submitted RFE package or for notifying of its receipt. A WOM can be used for compelling USCIS to decide on a case, if one believes their application or petition has been pending for way too long outside of USCIS's normal processing time. Certain things to bear in mind before jumping at filing a WOM:
1. WOM does not guarantee case approval. If USCIS is compelled by WOM to decide on a case that is still undergoing review due to AP, the immediate decision will be a denial since such a case cannot be approved until the AP clears. And once the case is denied, that will be the end of it, compared to exercising more patience for the AP to clear and hopefully get approved.
2. DV based AOS applications are generally expedited due to the FY sun-set clause tied to them, it is therefore hard to argue that a DV based application has been pending beyond USCIS normal processing time considering all other AOS applications typically take several months to a couple of years to get approved on average.

In general, I've never recommended a DV base AOSer file a WOM.

p.s. I am not Simon!
 
You can always file for an extension, will it be approved? I don't know.
I mean does it conflict with adjustment of status process?
One months and 12 days remaining to the expiration date of my current ds2019 and the organization where I am working has complicate policy for extension which takes time. That's why I am going to submit my AOS with current ds2019.
Thank you
 
I mean does it conflict with adjustment of status process?
One months and 12 days remaining to the expiration date of my current ds2019 and the organization where I am working has complicate policy for extension which takes time. That's why I am going to submit my AOS with current ds2019.
Thank you
Of course it does - AOS filing constitutes a declared immigrant intent. That is why I stated an approval of an extension request following AOS filing is not guaranteed. You might as well roll the dice and proceed with your AOS filing, or do you have a glaring concern the AOS application could be denied?
 
Of course it does - AOS filing constitutes a declared immigrant intent. That is why I stated an approval of an extension request following AOS filing is not guaranteed. You might as well roll the dice and proceed with your AOS filing, or do you have a glaring concern the AOS application could be denied?
Thank you mom for your reply. My concern is mostly denial of USCIS while I am under AOS process and extend my ds2019!
 
Hello DILUAE,

I have dowloaded an app called lawfully. They send notification when there is a movement in your case.
Hi @Dr.HPol ,

What status "Lawfully App" showed you when your Invitation got waived? Or did you contact Emma to get to know your Interview appointment status? Did you get any notification via Post as well?

My daughter received postal mails from her mailbox at University Residence Hall. She will not have access to her mailbox after May 15th. I'm worried incase if the interview appointment/waiver being received via post after May 15th.

@Sm1smom , Incase if I change address online via USCIS online account, how long does it take to update records?

Thank you.
 
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