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DV 2023 AOS (Adjustment of Status) Only

vovan_nav said:
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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I’m sorry to learn about your denial. As Ukrainians you‘re eligible to apply for TPS (Temporary Protected Status) which is count as a legal non-immigrant status to adjust from. Learn more information about it. Don’t give up and best of luck to you, my fellow Ukrainians.
 
Sm1smom said:
1. Correct. Is your CN current?
2. No.
3. No.
4. All DV based AOS applications are subject to INA212(a)(4).
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thank you so much for your reply
1. we will see this upcoming bulletin, praying hard.
as for question 4, i must answer the public charge INA212(a)(4) section then right?

thank you again.
 
vovan_nav said:
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
Click to expand...
i wish you the best of luck, please don't give up! If theres a will, there's a way!
 
vovan_nav said:
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
Click to expand...
Okay, go for the EB3 if you have lawyers who are already reassuring you of a successful outcome.

I do not believe you can successfully fight USCIS on this current outcome. Yes, your denial letter says you can file a motion to reopen or reconsider if you feel the decision is wrong - you can go that route if you like, you will basically be throwing more money away IMO.

You can write the President or the White House also if you like, it will equally not change the outcome I’m sorry to say.

I’m sorry to learn this is your second missed DV opportunity. The first one most likely would have ended the same way though. I realize this outcome has got to be extremely hard and stressful for you as it was not what you were expecting, but you honestly just have to let it go and move on with your lives. You have at least one other avenue (your pending asylum case), or maybe two (the EB3 visa you wrote about).
 
Sm1smom said:
When your timeline gets outside of the timeline of similar cases from your FO.
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Thank you for your reply.

The issue is that there are not so many NY FO cases in the spreadsheet at all.
Right now we are 53 days since we got the NOA. From what I see for the NY FO, the interview letter arrives about 40 days later. So, it seems we are 10 days over than other cases in the spreadsheet.

Should we reach out now to our congress person?
 
JULIA-GLOWS said:
I’m sorry to learn about your denial. As Ukrainians you‘re eligible to apply for TPS (Temporary Protected Status) which is count as a legal non-immigrant status to adjust from. Learn more information about it. Don’t give up and best of luck to you, my fellow Ukrainians.
Click to expand...
Thank you Mom!
We will fight because Asylum Pending is not our issue, it is USCIS. Our lawyer said that this is not a reason to for denial.
We will send a letter to a president and to senators, God want is to be here this is a second time that we won DV lottery but US don’t want to give us what we have.
We will inform you!
 
vovan_nav said:
Thank you Mom!
We will fight because Asylum Pending is not our issue, it is USCIS. Our lawyer said that this is not a reason to for denial.
We will send a letter to a president and to senators, God want is to be here this is a second time that we won DV lottery but US don’t want to give us what we have.
We will inform you!
Click to expand...
I’m not a Mom, but I highly encourage you to apply for TPS and at least have a receipt number for that. TPS approval estimate currently is 3-4 months. It would be very beneficial for a current or/if further adjustments.
 
justwonit said:
Thank you for your reply.

The issue is that there are not so many NY FO cases in the spreadsheet at all.
Right now we are 53 days since we got the NOA. From what I see for the NY FO, the interview letter arrives about 40 days later. So, it seems we are 10 days over than other cases in the spreadsheet.

Should we reach out now to our congress person?
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Considering there's at least 5 other cases from the NY FO filed before yours, I would think that is plenty enough compared to the total number of cases listed on the Timeline spreadsheet, or for some of the other FOs.

If you feel you're currently outside the timeline reflected on the spreadsheet, you can reach out to your congress person in that case. As a matter of fact, you're free to reach out to you congress person if and when you think necessary - this is your case at the end of the day.
 
vovan_nav said:
Thank you Mom!
We will fight because Asylum Pending is not our issue, it is USCIS. Our lawyer said that this is not a reason to for denial.
We will send a letter to a president and to senators, God want is to be here this is a second time that we won DV lottery but US don’t want to give us what we have.
We will inform you!
Click to expand...
Really? That is what your lawyer told you? Really makes me wonder how competent that lawyer is. Oh well, good luck and yeah, please keep us posted as to the outcome of your fight with USCIS.
 
JULIA-GLOWS said:
I’m not a Mom, but I highly encourage you to apply for TPS and at least have a receipt number for that. TPS approval estimate currently is 3-4 months. It would be very beneficial for a current or/if further adjustments.
Click to expand...
While @vovan_nav could indeed have applied for TPS, that status also does not guarantee their AOS application would have been approved. That is actually not guaranteed due to being previously out of status.

In general, an AOS applicant who has ever been out of lawful status at any time since any entry (as in failure 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))

CASE IN POINT: A DV2022 selectee previously entered the US on F1 in 2011, they stopped attending classes in 2013 and subsequently fell out of status. OP subsequently departed from the US and reentered in 2016 with TPS status. OP was in TPS status when AOS was filed in 2022. OP's AOS application was subsequently denied as they were found to have been ineligible to file for a DV based AOS based on having been previously OOS.
 
Sm1smom said:
While @vovan_nav could indeed have applied for TPS, that status also does not guarantee their AOS application would have been approved. That is actually not guaranteed due to being previously out of status.

In general, an AOS applicant who has ever been out of lawful status at any time since any entry (as in failure 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))

CASE IN POINT: A DV2022 selectee previously entered the US on F1 in 2011, they stopped attending classes in 2013 and subsequently fell out of status. OP subsequently departed from the US and reentered in 2016 with TPS status. OP was in TPS status when AOS was filed in 2022. OP's AOS application was subsequently denied as they were found to have been ineligible to file for a DV based AOS based on having been previously OOS.
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Dear @Sm1smom I never stated in my message to @vovan_nav that TPS would guarantee an approval. I just suggest to apply for TPS to at least be in current non-immigrant status while we all know that pending asylum is not a status , but only an authorization to be legally present and engage in employment while application is pending.

1. In general, an AOS applicant who has ever been out of lawful status at any time since any entry (as in failure to continuously maintain a lawful immigration status) is not eligible to file for AOS.
Even though we all know a few successful stories with pending asylum cases who got approved and succeed in DV adjustment. I read them all under unique DV cases tab. Thank you so much for putting it all together, Mom. Based on that tab we see more that 10 exceptions with a successful approvals. It gives hope!
I personally know a family who were approved in DV adjustment with pending asylum case (also Ukrainians) with a gap of 3 weeks from B1 to “pending asylum” In addition to that I learned that every case is different and unique. A key factor might be a FO who has a jurisdiction over the case and IO who is making a final decision on a case.

2. CASE IN POINT: A DV2022 selectee previously entered the US on F1 in 2011, they stopped attending classes in 2013 and subsequently fell out of status. OP subsequently departed from the US and reentered in 2016 with TPS status. OP was in TPS status when AOS was filed in 2022. OP's AOS application was subsequently denied as they were found to have been ineligible to file for a DV based AOS based on having been previously OOS.

I explored this member story , but still not sure if he/she had a pending asylum after F-1 and before TPS. If not of course I see a solid reason for a denial :(

Other than that I personally continue to pray while waiting for a final decision for my case.
 
  • Hi
  • I would like to know about options for submitting I-485 without a birth certificate but a copy of medical/birth records instead.
  • Below is an excerpt from the USCIS website, and would appreciate any feedback from anyone, especially those who filed i-485 without a birth cert but one of the substitutes. What kind of supporting documents or "proof" does USCIS require for submitting substitute documents like birth and medical records
Thanks
  • "A copy of your birth certificate. If it is unavailable or does not exist, provide other acceptable evidence of birth such as church, school, or medical records, and proof of unavailability or nonexistence, if applicable;
 
JULIA-GLOWS said:
Dear @Sm1smom I never stated in my message to @vovan_nav that TPS would guarantee an approval. I just suggest to apply for TPS to at least be in current non-immigrant status while we all know that pending asylum is not a status , but only an authorization to be legally present and engage in employment while application is pending.

1. In general, an AOS applicant who has ever been out of lawful status at any time since any entry (as in failure to continuously maintain a lawful immigration status) is not eligible to file for AOS.
Even though we all know a few successful stories with pending asylum cases who got approved and succeed in DV adjustment. I read them all under unique DV cases tab. Thank you so much for putting it all together, Mom. Based on that tab we see more that 10 exceptions with a successful approvals. It gives hope!
I personally know a family who were approved in DV adjustment with pending asylum case (also Ukrainians) with a gap of 3 weeks from B1 to “pending asylum” In addition to that I learned that every case is different and unique. A key factor might be a FO who has a jurisdiction over the case and IO who is making a final decision on a case.

2. CASE IN POINT: A DV2022 selectee previously entered the US on F1 in 2011, they stopped attending classes in 2013 and subsequently fell out of status. OP subsequently departed from the US and reentered in 2016 with TPS status. OP was in TPS status when AOS was filed in 2022. OP's AOS application was subsequently denied as they were found to have been ineligible to file for a DV based AOS based on having been previously OOS.

I explored this member story , but still not sure if he/she had a pending asylum after F-1 and before TPS. If not of course I see a solid reason for a denial :(

Other than that I personally continue to pray while waiting for a final decision for my case.
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1. Of course I'm aware of such a possibility. You do realize how long I've been providing DV based AOS support, or you think I'm not aware some folks with asylum pending status (with OOO accrued prior to filing for asylum) managed to get approved. If you take a look at the DV Tracker - Unique Situations spreadsheet, you'll see some of those past cases cases - some got approved as a matter of luck, and some were out-rightly denied. I'm aware the approved cases will be further scrutinized when they apply for citizenship, I'm nonetheless keeping my fingers crossed for those folks.
2. That selectee did not apply for asylum, they basically just stopped attending classes and fell OOS. Considering the OP departed from the US, after which they obtained the TPS status used in returning to the US, their best bet was to have processed CP.
 
Hi mom, It’s been 100 days since I did my biometric for DV 2023 AOS at Nashville field office. I tried congressional inquiry about 3 weeks ago but never received a feedback from my congressman. Every time I try contacting USCIS, I get generic responses from customer service support. What do you suggest I do now? And it’s walk-in advisable?
 
Ghazy said:
Hi mom, It’s been 100 days since I did my biometric for DV 2023 AOS at Nashville field office. I tried congressional inquiry about 3 weeks ago but never received a feedback from my congressman. Every time I try contacting USCIS, I get generic responses from customer service support. What do you suggest I do now? And it’s walk-in advisable?
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I'm confused by this: "I tried congressional inquiry about 3 weeks ago but never received a feedback from my congressman" - By "never received a feedback..." does this mean your congressman's man is yet to respond to the case inquiry request for assistance which you submitted to them, or they are yet to get back to you with any response from USCIS?

You can attempt a walk-in if you like, I do not think the security guards will allow you into the FO without an appointment though.
 
Sm1smom said:
I'm confused by this: "I tried congressional inquiry about 3 weeks ago but never received a feedback from my congressman" - By "never received a feedback..." does this mean your congressman's man is yet to respond to the case inquiry request for assistance which you submitted to them, or they are yet to get back to you with any response from USCIS?

You can attempt a walk-in if you like, I do not think the security guards will allow you into the FO without an appointment though.
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Thank you for the response. I have not received any response from my congressman to the initial message. Also I am moving to a different address in the same city. Will that further delay my case?
 
vovan_nav said:
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
Click to expand...
Sorry to hear about your case. I have a similar case like yours. The only thing that i did differently than yours is i included a clause “Technical violation resulting from inaction of USCIS” Ask your lawyer to check - see 8 C.F.R. Section 1245.1(d)(2)(ii), which is related to technical violation of status due to “inaction of the DHS.

I still haven’t got an interview yet and I don’t know how this will work for me but i still gave it a try.

I hope everything works out for you. Good Luck
 
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