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DV 2023 AOS (Adjustment of Status) Only

Well for a start, you should have been using the early filing policy, not sure why you didn't. But then don't inject any delays yourself (like not taking the earliest appointment you are offered because it conflicts with a hairdressers appointment) and if there do exist any ways to hurry the FO up - do that (Mom could comment on that).
Hi Simons, there were lots of cases that were rejected for early filing. So, we didn't take any risk.
 
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Hi Sm1smom,
Where to write the Attn: AOS (Box number) in this fedex form? Should we write in recipient address like "USCIS Attn: Aos(Box number)" or should we write "Attn: Aos(Box number)" in the Apt, Floor, Suite box in address part?
 

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Hi Sm1smom,
Where to write the Attn: AOS (Box number) in this fedex form? Should we write in recipient address like "USCIS Attn: Aos(Box number)" or should we write "Attn: Aos(Box number)" in the Apt, Floor, Suite box in address part?
Recipient Name
 
Just an update on visa numbers for DV2023. The government have done well this year in scheduling, despite several embassies that have done a poor job. This means that even before any interviews are scheduled for September, they are close to the global cap, with just about 3k to 5k visas left.

Those remaining visas will be shared between the following three competing groups.
1. Additional CP interviews scheduled for the month of September (which get visas reserved for them)
2. Clearing AP/221g cases (which do not have visas reserved)
3. AOS cases (which do not have visas reserved)

There are not going to be enough visas for all those cases, so it is important to do whatever you can to get your AOS cases adjudicated asap in September. Unless the government allow an over use again, I would not be surprised to see visas to run out at some point in September.
Hello, there’s about 20,000 ready for interview, as you mentioned about the reserved visa for the CP interviews ,does that mean there’s no enough visa for AOS ?
 

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Hello, there’s about 20,000 ready for interview, as you mentioned about the reserved visa for the CP interviews ,does that mean there’s no enough visa for AOS ?
If you take Issued and ready, then it would be: 39012+20300 = 59312 visas. Cap ceiling is 54k.
If we already sent the AOS package, will they reject our application if it reaches the cap ceiling? @Sm1smom
 
If you take Issued and ready, then it would be: 39012+20300 = 59312 visas. Cap ceiling is 54k.
If we already sent the AOS package, will they reject our application if it reaches the cap ceiling? @Sm1smom
No application gets rejected due to visa exhaustion as the Lockbox is unable to make that determination. The package will be accepted and processed accordingly, it will however eventually get denied by the IO at the point of approval if there are no more visas left.
 
Hi Sm1smom,

Couple of questions:

1) My husband and I had an interview at Seattle FO on June 29 and the same day there was a status update to "new card being produced." However, today July 1 it changed to I-485 was approved and they mailed us an approval notice. I guess it is still "yes"? I feel like "new card being produced" seemed to be more advanced staged of approval, and then they rolled back?

2) I am travelling internationally the day after tomorrow and got an AP for that. But now my understanding is that AP is void. Will it not interfere/reverse my approval/printing if my physical card be mailed to me once received by my husband?

Thank you for advice!
 
Hi Sm1smom,

Couple of questions:

1) My husband and I had an interview at Seattle FO on June 29 and the same day there was a status update to "new card being produced." However, today July 1 it changed to I-485 was approved and they mailed us an approval notice. I guess it is still "yes"? I feel like "new card being produced" seemed to be more advanced staged of approval, and then they rolled back?

2) I am travelling internationally the day after tomorrow and got an AP for that. But now my understanding is that AP is void. Will it not interfere/reverse my approval/printing if my physical card be mailed to me once received by my husband?

Thank you for advice!
1. Correct. No, nothing got rolled back, normal processing updates.
2. No interference with the GC printing process.
 
Hello, there’s about 20,000 ready for interview, as you mentioned about the reserved visa for the CP interviews ,does that mean there’s no enough visa for AOS ?
No. Estimating remaining visas is not as simple as summing Issued and Ready columns.
 
Insisting on using the old date makes sense if no new full medical exam was conducted today. Just make sure the correct date is listed beside the Hep B vaccine to correctly reflect when the shot was received.
Hi Mom, thanks for the reply.
I had to go to a civil surgeon in New York and get a whole new medical done because it was too hard for me to get back to LA over the July 4 period. They were not willing to only do the vaccination report so I just got a whole new medical done in NY. Is it ok for me to include this letter in the package I'm about to send to USCIS today?


Dear USCIS Case Officer,

Regarding the request for evidence (RFE) from June 20, 2023.


Case receipt number: MSCxxxxxxxxxxx
Alien Number: A1xxxxxxxxx
Diversity Visa Case Number: 2023AF00014xxx

I currently live between the two cities of Redondo Beach, CA, and New York City, NY. I was in New York at the time the RFE arrived and it was not easy to get back to Los Angeles in quick order, and as I am really concerned that I am running short on time for this diversity visa 2023 fiscal year and the limited number of visas left, I had to find a civil surgeon near me in New York.

After calling many different civil surgeons near me, I could not find one that was only willing to do the vaccination part of the I-693 form. As such, I had to redo the entire medical report with the civil surgeon in New York.

I trust that this is in order as I have dutifully completed all the updated requirements from the RFE. In this package, you will find the sealed envelope from the civil surgeon in New York, and a copy of the RFE, as instructed.

Thank you for reading and making a swift decision on my green card application based on the diversity visa lottery win.

Sincerely,
 
Hi Mom, thanks for the reply.
I had to go to a civil surgeon in New York and get a whole new medical done because it was too hard for me to get back to LA over the July 4 period. They were not willing to only do the vaccination report so I just got a whole new medical done in NY. Is it ok for me to include this letter in the package I'm about to send to USCIS today?
Wow! Wow! Wow! Red flag alert :eek::oops::eek: The first part of your letter is likely to doom your case IMHO!!

Telling them you live between CA and NY will most likely trigger a tuff war, I would expect the current IO at the LA FO to immediately pack up your case and transfer it to the NY FO where it gets put back in queue for reassignment to an IO who may eventually decide they also have no jurisdiction over your case and send it back to the LA FO - the case may eventually get denied on the basis of no one having jurisdiction over your case (and you could be accused of FO shopping by the way). There’s no such thing as living between two States when it comes to immigration, you need to identify one as your primary residence with no reference to the other (even if you’re hopping weekly or bi-weekly between the two States/cities), that is what gets used in determining jurisdiction over the case.

p.s. I’m not surprised the NY CS refused to do the vaccine report section only. I believe I clearly pointed this out to you before.

Plus how is it now difficult for you to get back to LA over the July 4th period considering a couple of days ago you stated: “I went back to the same civil surgeon, however they refuse to sign the new form with todays date. Instead, they insist that the date they (and me) should sign the form is from November 22, 2022”?
 
Thank you for the fast reply. My new medicals have my New York address on it. It’s not too late for me to put my CA address on it. Should I do that?
 
Thank you for the fast reply. My new medicals have my New York address on it. It’s not too late for me to put my CA address on it. Should I do that?
Are you planning on obtaining a new copy of the sealed and signed report with your CA address from your NY CS?
 
Yes I’m here at the new york civil surgeon now and they’re going to print a fresh copy of both my report and a sealed report with the CA address. Will that be ok?
 
Good Morning @Sm1smom. I had my interview on 06/07/2023 at the LA FO. I did’t share my experience cause I was patiently waiting for an outcome. The IO was nice and professional, but mentioned that he is new to DV based adjustments and before making a decision he needs to request my previous asylum file (which is no longer relevant and valid at the moment). My previous removal proceedings are terminated by Immigration Judge. I currently under TPS valid until 10/19/2023. He asked about my last EAD card based category if its under TPS or pending asylum. My last EAD is still under c8 category pending asylum valid until 08/11/2023. As I mentioned he didn’t make an on spot decision and said that he needs to talk to another IO or supervisor who have more experience in DV based cases. Especially with a previous pending asylum even though he is aware that I’m under TPS now. Also I used an advance parole based on TPS and traveled abroad once my I-485 were pending. I successfully came back and was paroled/ admitted under TPS valid until march 2024. I sent my new I-94 , copy of advanced parole with a new admission stamp, IJ order of termination to my FO back in April 2023 and I was greatly surprised that IO had those papers added to my file. In the end of the interview IO mentioned that my immigration file is nicely organized (My appreciation to AOS spreadsheet and YOU, mom) and thanked me for my patience. 3 weeks of silence, hope and then desperation switched to faith and hope again. Only today my status changed to:

Interview Was Completed And My Case Must Be Reviewed​


Dear, mom do you have something good to share with me while I continue to wait?
 
Good Morning @Sm1smom. I had my interview on 06/07/2023 at the LA FO. I did’t share my experience cause I was patiently waiting for an outcome. The IO was nice and professional, but mentioned that he is new to DV based adjustments and before making a decision he needs to request my previous asylum file (which is no longer relevant and valid at the moment). My previous removal proceedings are terminated by Immigration Judge. I currently under TPS valid until 10/19/2023. He asked about my last EAD card based category if its under TPS or pending asylum. My last EAD is still under c8 category pending asylum valid until 08/11/2023. As I mentioned he didn’t make an on spot decision and said that he needs to talk to another IO or supervisor who have more experience in DV based cases. Especially with a previous pending asylum even though he is aware that I’m under TPS now. Also I used an advance parole based on TPS and traveled abroad once my I-485 were pending. I successfully came back and was paroled/ admitted under TPS valid until march 2024. I sent my new I-94 , copy of advanced parole with a new admission stamp, IJ order of termination to my FO back in April 2023 and I was greatly surprised that IO had those papers added to my file. In the end of the interview IO mentioned that my immigration file is nicely organized (My appreciation to AOS spreadsheet and YOU, mom) and thanked me for my patience. 3 weeks of silence, hope and then desperation switched to faith and hope again. Only today my status changed to:

Interview Was Completed And My Case Must Be Reviewed​


Dear, mom do you have something good to share with me while I continue to wait?
Hmmn! I see a couple of what I think could be potential issues here.

Your immigration file is actually valid and relevant when it comes to getting a GC approval. The entire immigration history gets reviewed before one gets approved, so your IO was correct in terms of letting you know they needed to request and obtain your previous asylum file.

In terms of the issues I see:
(1) Using your asylum based EAD for ongoing employment when the asylum case was already terminated could be an issue. That card automatically became invalid AFAIK following the termination of the pending asylum/removal proceedings (regardless of the listed expiration date on the card). I think you should have obtained a TPS based EAD card once you rolled over into that new status.
(2) The trip you undertook after filing for AOS could cause them to consider your AOS application as abandoned. You were not paroled back on an AOS based AP (which would have put you as AOS pending), you got paroled back with your TPS based AP card, not the same thing as being paroled on an AOS based AP.

I’m not trying to scare you, just letting you know those are some of the issues they need to resolve before approving your case. So hang in there, try to keep the faith and hope for the best. That’s really all you can do at this point.
 
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