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DV 2023 AOS (Adjustment of Status) Only

greetings mom,

1. for the aos im using the 2/21/2023 application edition, is that the correct edition for this time line? i plan on early filing in july.
2. i came 10 years ago on asylum should i include a copy of the form I-797C fingerprints of my asylum case from back the?
3. do i need to include my social sec?
4. what is and how do i know if i am "subject to the public charge ground of indamissibility under INA SECTION 212(A)(4)". ive lived in michigan for 10 years and have a social and work auth only and on a pending asyulm case.
 
Fonseca David said:
Hi mom, I managed to speak to a level 2 officer on the phone on Wednesday of last week, he told me to continue waiting, he received my email and phone number again but so far I have not received any notification. If I advance to the senators, is there any harm? we are moving towards the end of calendar year DV2023
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Good night Mom

I just received a notification now in my mail, the letter was sent on 50/19/2023 to fingprint on 06/09/2023, the date has already passed, what should I do?
 
aahlam said:
greetings mom,

1. for the aos im using the 2/21/2023 application edition, is that the correct edition for this time line? i plan on early filing in july.
2. i came 10 years ago on asylum should i include a copy of the form I-797C fingerprints of my asylum case from back the?
3. do i need to include my social sec?
4. what is and how do i know if i am "subject to the public charge ground of indamissibility under INA SECTION 212(A)(4)". ive lived in michigan for 10 years and have a social and work auth only and on a pending asyulm case.
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1. Correct. Is your CN current?
2. No.
3. No.
4. All DV based AOS applications are subject to INA212(a)(4).
 
Fonseca David said:
Good night Mom

I just received a notification now in my mail, the letter was sent on 50/19/2023 to fingprint on 06/09/2023, the date has already passed, what should I do?
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Attempt a walk in tomorrow. Explain why you missed your appointment and hope they let you in. If they refuse, you’ll need to call the 1800 number in that case and explain you only received the notice after your appointment had already passed, and request for a new bio appointment.
 
Sm1smom said:
Yes, your case is on track. You were able to better analyze your timeline after adding your data to the spreadsheet (contrary to your initial post), right? This is why it is important for everyone to contribute their data point as they progress along (and not simply consume the information) doing so makes it a much more effective tool for progress analysis.
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I agree.

From your experience, when do you think I should stop waiting and try to escalate?
 
Hello.
My FO is Chicago, IL. According to the timeline of similar cases in the current FO, the average time from lockbox to CPO Ordered is 74 days (99, 84, and 39 days accordingly). And as I understand for all of them interview was waived. From receiving notice that biometrics is not needed for my case already passed 61 days. But from bio scheduled to CPO average time is 39 days.
Can it be qualified as the case is outside normal processing time?
 
Boris01 said:
Hello.
My FO is Chicago, IL. According to the timeline of similar cases in the current FO, the average time from lockbox to CPO Ordered is 74 days (99, 84, and 39 days accordingly). And as I understand for all of them interview was waived. From receiving notice that biometrics is not needed for my case already passed 61 days. But from bio scheduled to CPO average time is 39 days.
Can it be qualified as the case is outside normal processing time?
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I wouldn't look at the data from the bio complete date (or waiver) for determining if the case is on track or outside noted processing time. Based on the available Lockbox delivery date to CPO date data, I do not believe your case is outside of normal processing time for your FO. Plus if you look at a couple of other April filers from your same FO, they are equally still waiting for the next update, which most likely will be an interview waiver (unless something is missing and a RFE gets issued).
 
Hello Mom.
Thank you for all information about adjustment of status. I have a question for you.
Me and my wife were on Asylum and won DV lottery 2023. before we came as F1 students and on the OPT I applied for asylum.
Last week we had an interview for a dv lottery in New York Office. Interview was very fast maybe 10 min and they said to wait for a response. Yesterday we received a USCIS letter with denial.
They denied our case. Can we do something with it or it will not help. Thank you!
 
vovan_nav said:
Hello Mom.
Thank you for all information about adjustment of status. I have a question for you.
Me and my wife were on Asylum and won DV lottery 2023. before we came as F1 students and on the OPT I applied for asylum.
Last week we had an interview for a dv lottery in New York Office. Interview was very fast maybe 10 min and they said to wait for a response. Yesterday we received a USCIS letter with denial.
They denied our case. Can we do something with it or it will not help. Thank you!
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I'm sorry to learn your case has been denied. What was the reason for the denial (you did not say why the denial letter states as the reason)?
 
vovan_nav said:
Hello Mom.
Thank you for all information about adjustment of status. I have a question for you.
Me and my wife were on Asylum and won DV lottery 2023. before we came as F1 students and on the OPT I applied for asylum.
Last week we had an interview for a dv lottery in New York Office. Interview was very fast maybe 10 min and they said to wait for a response. Yesterday we received a USCIS letter with denial.
They denied our case. Can we do something with it or it will not help. Thank you!
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Sorry to hear. Just curious are you still in F-1 status currently while your Asylum case is pending? Have you though about contact a lawyer or appealing their decision?
 
Sm1smom said:
I'm sorry to learn your case has been denied. What was the reason for the denial (you did not say why the denial letter states as the reason)?
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The reason they say because the f1 status ended in September 2019 but my wife joined to my asylum case on April 2019 and we have this asylum pending status. I can attach all the papers here. Thank You for your response!

For 9 years I'm here, my wife 8 we have not seen families, we studied , payed for college, payed taxes all the years and this country just killing where we want to do. We are deciding maybe we will leave USA. I'm from Ukraine I could come back but war in my country, still thinking what to do.
Thank you again!
God help you and Bless you! You are helping a lot of people! You will have a great Future!
 

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romanpanbread said:
Sorry to hear. Just curious are you still in F-1 status currently while your Asylum case is pending? Have you though about contact a lawyer or appealing their decision?
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No I'm not on F1. F1 ended after I applied for asylum. Just the same Pending Asylum status for almost 5 years. We contacted one lawyer they said that they don't take DV lottery cases, also connected with another but she did not answer yet. Will look for more lawyers, will see.
 
vovan_nav said:
The reason they say because the f1 status ended in September 2019 but my wife joined to my asylum case on April 2019 and we have this asylum pending status. I can attach all the papers here. Thank You for your response!

For 9 years I'm here, my wife 8 we have not seen families, we studied , payed for college, payed taxes all the years and this country just killing where we want to do. We are deciding maybe we will leave USA. I'm from Ukraine I could come back but war in my country, still thinking what to do.
Thank you again!
God help you and Bless you! You are helping a lot of people! You will have a great Future!
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First of all, I deleted the first page of your attached denial notice (in your post) as it contains your personal information - you should not be publicly sharing documents with personal information in an open forum (for your protection).

The denial is based on you being out of status. Asylum pending, without any other valid status, is not considered a valid status for a DV based AOS filing. I covered this on the Asylum Pending tab/section of the AOS Process Spreadsheet - it looks like you did not see that information before. If you scroll back one or two pages, you will also see a recent post from another selectee with asylum pending status who has received a notice of intent to deny because they were out of status as at the time of filing their DV based AOS application.

Unfortunately, I do not see a basis for a motion to appeal the decision - the denial notice actually states you cannot appeal the decision. You however can file a Motion to Open or Motion to Reconsider if you can demonstrate you've never fallen out of status since 2015 when you originally entered the US. At this point, I will say hang in there, keep your fingers crossed for the pending asylum application.

Best of luck to you and your wife!
 
Sm1smom said:
First of all, I deleted the first page of your attached denial notice (in your post) as it contains your personal information - you should not be publicly sharing documents with personal information in an open forum (for your protection).

The denial is based on you being out of status. Asylum pending, without any other valid status, is not considered a valid status for a DV based AOS filing. I covered this on the Asylum Pending tab/section of the AOS Process Spreadsheet - it looks like you did not see that information before. If you scroll back one or two pages, you will also see a recent post from another selectee with asylum pending status who has received a notice of intent to deny because they were out of status as at the time of filing their DV based AOS application.

Unfortunately, I do not see a basis for a motion to appeal the decision - the denial notice actually states you cannot appeal the decision. You however can file a Motion to Open or Motion to Reconsider if you can demonstrate you've never fallen out of status since 2015 when you originally entered the US. At this point, I will say hang in there, keep your fingers crossed for the pending asylum application.

Best of luck to you and your wife!
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Thank you so Much Mom.
But I still can not understand. If we want for now to change our status for eb3 visa we can, but if for dv lottery we can not. How is this possible. This immigration system is not for people.
Thank you for your response and all the best for you !
 
vovan_nav said:
Thank you so Much Mom.
But I still can not understand. If we want for now to change our status for eb3 visa we can, but if for dv lottery we can not. How is this possible. This immigration system is not for people.
Thank you for your response and all the best for you !
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That may actually not be completely accurate. Several immigration lawyers that I know of equally believe asylum pending cannot adjust through EB3 either - still boils down to not having a valid status to adjust from. It is rather complicated, so I would rather not get into that conversation either. The only category I know of where being out of status gets forgiven is for the immediate relative family based AOS.
 
Sm1smom said:
That may actually not be completely accurate. Several immigration lawyers that I know of equally believe asylum pending cannot adjust through EB3 either - still boils down to not having a valid status to adjust from. It is rather complicated, so I would rather not get into that conversation either. The only category I know of where being out of status gets forgiven is for the immediate relative family based AOS.
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I understand this but this is the second time we won a green card, in 2021 was very difficult to make appointments to USCIS in New York and we missed that year. I spoke with a my political asylum layer about eb3 and she said that we can do it, also I spoke with another lawyer from my friend and she said to that we can change our status from asylum pending to eb3.
I just also have a question. Can we fight with USCIS? IF I will send a letter to a White House to President?
Thanks
 
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