DV 2023 AOS (Adjustment of Status) Only

[Erickkkkk]

• 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;

Are u dv23 or dv 24?

 

[Sm1smom]

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?

Contact your senator's office in that case.

Will you still have access to the mail box for your old address? If yes, then you should be okay. If no, this could impact your case as your mail could get sent to the old address (regardless of if your filed an AR-11 change of address notice or not).

 

[JULIA-GLOWS]

My online status just to “CASE WAS DENIED”. While I’m waiting for an explanation letter and see what the exact reason of denial is. I would like to get prepared for a possible appeal.
If there is anything I could do if the reason would be:
1. Failed to maintain non-immigrant status after J-1. My asylum application got denied and referred to immigration court and finally got terminated.
2. If the denial is based on travel with TPS based AP I’m I eligible to file a new i-485 form? if yes will I have a time for a possible adjustment?
3. Since my case got terminated and EAD became invalid. Will I have a chance to prove that I didn’t work since march 2023?

I still can’t believe that this is an outcome as of right now. I remember myself finding my selection and know that God personally did it. Since on: preparing, researching, finding this priceless forum, travel abroad for the first time after 13 years, went through the Interview process. Got this close to at last become a LPR of US. After living here for 14 years while there is a war in my home-country since 2014 and face this heartbreaking outcome… The hardest part was reached out to DHS assistant counsel and got their approval to terminate proceeding. Every single lawyer I talked to wanted to charge thousands of dollars just to write a proper motion to the court and terminate asylum case. Still didn’t give any time frame for that. While I found out how to do it myself and asked the DHS OPLA by email. They filed an unopposed motion to the court to closed a proceedings for FREE. May God bless this wonderful women and you MOM to put and have this resource available for all of us FREE of charge.

4. Would it be different outcome if i would go through CP and obtain a waiver?

Blessings to all who are still waiting on their decisions.

 

[Sm1smom]

My online status just to “CASE WAS DENIED”. While I’m waiting for an explanation letter and see what the exact reason of denial is. I would like to get prepared for a possible appeal.
If there is anything I could do if the reason would be:
1. Failed to maintain non-immigrant status after J-1. My asylum application got denied and referred to immigration court and finally got terminated.
2. If the denial is based on travel with TPS based AP I’m I eligible to file a new i-485 form? if yes will I have a time for a possible adjustment?
3. Since my case got terminated and EAD became invalid. Will I have a chance to prove that I didn’t work since march 2023?

I still can’t believe that this is an outcome as of right now. I remember myself finding my selection and know that God personally did it. Since on: preparing, researching, finding this priceless forum, travel abroad for the first time after 13 years, went through the Interview process. Got this close to at last become a LPR of US. After living here for 14 years while there is a war in my home-country since 2014 and face this heartbreaking outcome… The hardest part was reached out to DHS assistant counsel and got their approval to terminate proceeding. Every single lawyer I talked to wanted to charge thousands of dollars just to write a proper motion to the court and terminate asylum case. Still didn’t give any time frame for that. While I found out how to do it myself and asked the DHS OPLA by email. They filed an unopposed motion to the court to closed a proceedings for FREE. May God bless this wonderful women and you MOM to put and have this resource available for all of us FREE of charge.

4. Would it be different outcome if i would go through CP and obtain a waiver?

Blessings to all who are still waiting on their decisions.

Oh no! Not another denial. I’m so sorry to learn of this update. I think you need to wait until you’ve seen the denial notice itself before trying to figure out what could be the way forward for you.

 

[Erickkkkk]

My online status just to “CASE WAS DENIED”. While I’m waiting for an explanation letter and see what the exact reason of denial is. I would like to get prepared for a possible appeal.
If there is anything I could do if the reason would be:
1. Failed to maintain non-immigrant status after J-1. My asylum application got denied and referred to immigration court and finally got terminated.
2. If the denial is based on travel with TPS based AP I’m I eligible to file a new i-485 form? if yes will I have a time for a possible adjustment?
3. Since my case got terminated and EAD became invalid. Will I have a chance to prove that I didn’t work since march 2023?

I still can’t believe that this is an outcome as of right now. I remember myself finding my selection and know that God personally did it. Since on: preparing, researching, finding this priceless forum, travel abroad for the first time after 13 years, went through the Interview process. Got this close to at last become a LPR of US. After living here for 14 years while there is a war in my home-country since 2014 and face this heartbreaking outcome… The hardest part was reached out to DHS assistant counsel and got their approval to terminate proceeding. Every single lawyer I talked to wanted to charge thousands of dollars just to write a proper motion to the court and terminate asylum case. Still didn’t give any time frame for that. While I found out how to do it myself and asked the DHS OPLA by email. They filed an unopposed motion to the court to closed a proceedings for FREE. May God bless this wonderful women and you MOM to put and have this resource available for all of us FREE of charge.

4. Would it be different outcome if i would go through CP and obtain a waiver?

Blessings to all who are still waiting on their decisions.

I’m sorry to hear that, i hope the best for you

 

[2024 Houston]

For a family, can the principal applicant and some derivatives go through AOS process and the rest of derivatives go through CP? Appreciate the responses

 

[Sm1smom]

For a family, can the principal applicant and some derivatives go through AOS process and the rest of derivatives go through CP? Appreciate the responses

Yes they could. That is known as FTJ (Follow To Join).
Caution: FTJ can be quite stressful and complicated. Take a look at the FAQ section of the AOS Process Spreadsheet to learn more about FTJ.

 

[vovan_nav]

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.

Thank You Julia!

 

[vovan_nav]

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.

Julia do you want to contact?

 

[vovan_nav]

My online status just to “CASE WAS DENIED”. While I’m waiting for an explanation letter and see what the exact reason of denial is. I would like to get prepared for a possible appeal.
If there is anything I could do if the reason would be:
1. Failed to maintain non-immigrant status after J-1. My asylum application got denied and referred to immigration court and finally got terminated.
2. If the denial is based on travel with TPS based AP I’m I eligible to file a new i-485 form? if yes will I have a time for a possible adjustment?
3. Since my case got terminated and EAD became invalid. Will I have a chance to prove that I didn’t work since march 2023?

I still can’t believe that this is an outcome as of right now. I remember myself finding my selection and know that God personally did it. Since on: preparing, researching, finding this priceless forum, travel abroad for the first time after 13 years, went through the Interview process. Got this close to at last become a LPR of US. After living here for 14 years while there is a war in my home-country since 2014 and face this heartbreaking outcome… The hardest part was reached out to DHS assistant counsel and got their approval to terminate proceeding. Every single lawyer I talked to wanted to charge thousands of dollars just to write a proper motion to the court and terminate asylum case. Still didn’t give any time frame for that. While I found out how to do it myself and asked the DHS OPLA by email. They filed an unopposed motion to the court to closed a proceedings for FREE. May God bless this wonderful women and you MOM to put and have this resource available for all of us FREE of charge.

4. Would it be different outcome if i would go through CP and obtain a waiver?

Blessings to all who are still waiting on their decisions.

I am sorry Julia. I prepared a letter for a President and Senators and my lawyer checked it today. Tomorrow I will send it. We will see what happens.

 

[JULIA-GLOWS]

Julia do you want to contact?

I do. Check your inbox please

 

[bbg21]

Hello everyone, Good day!

My wife is a DV23 winner and she is currently in United States for AOS. I am not in USA so there will be no AOS for me. We filled also a DS260 for me back in 2022 so her case size is 2.

She paid 330 USD DV Fee payment for herself and sent her AOS files to USCIS at the end of May and already received NOA and fingerprints are taken at the beginning of July.

She received first email letter from KCC on June 27. (Photo is attached)

2 days after received second email letter from KCC as; (Photo is attached)

Inside the mail it is written "KCC has received payment of $330.00 for your case file. You have a case size of 2. Please send the remaining payment or provide a written statement, via email, to KCCDV@state.gov explaining why the additional family member(s) will not be adjusting their status."

She sent a email to KCC as " The other family member will not pursue the green card (adjustment of status) in the US since he is currently in (country). So there will be only 1 AOS fee which is for DV 2023 Winner (name)." So we did not pay a second 330 USD to DOS.

And she received an email from KCC as " Thank you for your inquiry. Please direct your inquiry to the Citizenship and Immigration Services (CIS) at phone or visit uscis.gov"

1) Is there anything you think we should do?
Because it says in the second mail received from KCC " Before your Diversity case can be transferred to USCIS and continue process, you must be 330 USD per person"
2) Is there a way to find out if her file has been successfully forwarded from KCC to USCIS?

I would like your opinion and help on the matter.

Thanks in advance!

 

[nervouswreck]

You should attend the interview together, no? So I don't think one can do AOS while another does CP. I may be wrong though.

Hello everyone, Good day!

My wife is a DV23 winner and she is currently in United States for AOS. I am not in USA so there will be no AOS for me. We filled also a DS260 for me back in 2022 so her case size is 2.

She paid 330 USD DV Fee payment for herself and sent her AOS files to USCIS at the end of May and already received NOA and fingerprints are taken at the beginning of July.

She received first email letter from KCC on June 27. (Photo is attached)

2 days after received second email letter from KCC as; (Photo is attached)

Inside the mail it is written "KCC has received payment of $330.00 for your case file. You have a case size of 2. Please send the remaining payment or provide a written statement, via email, to KCCDV@state.gov explaining why the additional family member(s) will not be adjusting their status."

She sent a email to KCC as " The other family member will not pursue the green card (adjustment of status) in the US since he is currently in (country). So there will be only 1 AOS fee which is for DV 2023 Winner (name)." So we did not pay a second 330 USD to DOS.

And she received an email from KCC as " Thank you for your inquiry. Please direct your inquiry to the Citizenship and Immigration Services (CIS) at phone or visit uscis.gov"

1) Is there anything you think we should do?
Because it says in the second mail received from KCC " Before your Diversity case can be transferred to USCIS and continue process, you must be 330 USD per person"
2) Is there a way to find out if her file has been successfully forwarded from KCC to USCIS?

I would like your opinion and help on the matter.

Thanks in advance!

 

[Sm1smom]

You should attend the interview together, no? So I don't think one can do AOS while another does CP. I may be wrong though.

Yes, you’re wrong.

 

[Sm1smom]

Hello everyone, Good day!

My wife is a DV23 winner and she is currently in United States for AOS. I am not in USA so there will be no AOS for me. We filled also a DS260 for me back in 2022 so her case size is 2.

She paid 330 USD DV Fee payment for herself and sent her AOS files to USCIS at the end of May and already received NOA and fingerprints are taken at the beginning of July.

She received first email letter from KCC on June 27. (Photo is attached)

2 days after received second email letter from KCC as; (Photo is attached)

Inside the mail it is written "KCC has received payment of $330.00 for your case file. You have a case size of 2. Please send the remaining payment or provide a written statement, via email, to KCCDV@state.gov explaining why the additional family member(s) will not be adjusting their status."

She sent a email to KCC as " The other family member will not pursue the green card (adjustment of status) in the US since he is currently in (country). So there will be only 1 AOS fee which is for DV 2023 Winner (name)." So we did not pay a second 330 USD to DOS.

And she received an email from KCC as " Thank you for your inquiry. Please direct your inquiry to the Citizenship and Immigration Services (CIS) at phone or visit uscis.gov"

1) Is there anything you think we should do?
Because it says in the second mail received from KCC " Before your Diversity case can be transferred to USCIS and continue process, you must be 330 USD per person"
2) Is there a way to find out if her file has been successfully forwarded from KCC to USCIS?

I would like your opinion and help on the matter.

Thanks in advance!

1. Your wife should send a new email response to the original email from KCC asking for the DV payment:
Respond back to the email and inform the KCC she made just one payment (for herself) because the derivative is currently based outside the US (state where they are based) and will be processing FTJ, their DV administrative cannot be paid in the US as they will need to make the payment when they attend their FTJ interview at the embassy. Include the reference/link from the US DOS - Bureau of Consular Affairs which says:
"Family members living overseas will pay the diversity immigrant visa fees at the U.S. Embassy or Consulate where they will receive their visa. The fee for these family members must not be paid in the United States"

2. The only way to find out is by emailing and asking KCC if the requested file has been forwarded. However, there’s no guarantee she will get the relevant response from KCC, as they tend to send boiler plate responses to most emails they receive.

Your wife can keep mailing them daily until she gets back an appropriate response indicating they understand the explanation being provided. Alternatively, she can send in a second payment - (some selectees have done this in the past out of frustration, in order to get their cases moving with USCIS). Of course, the payment couldn’t be used by the derivative for the CP part of the process, they still had to make the payment at the embassy.

 

[tugo]

@Sm1smom hello mom, I already gave my fingerprint and bio.Im waiting for my interview but I didnt got yet.I went for biometrics 28 June but I did not take this Acknowledgement mail.Should I do anything else and Everything is OK?

 

[Sm1smom]

@Sm1smom hello mom, I already gave my fingerprint and bio.Im waiting for my interview but I didnt got yet.I went for biometrics 28 June but I did not take this Acknowledgement mail.Should I do anything else and Everything is OK?

I don’t know if everything is okay with your case or not, some pertinent information is missing. So start by adding your case timeline to the 2023 Timeline Spreadsheet.

 

[tugo]

I don’t know if everything is okay with your case or not, some pertinent information is missing. So start by adding your case timeline to the 2023 Timeline Spreadsheet.

Actually I'm a new member.Sorry about that I'm a winner from lottery dv23,my case no Eu26000. I entered at march14 with B1/B2 visas.I already sent my 485 etc.I had an appointment for bio 28th June at Los Angeles.someones got this Acknowledgement mail but I did not.and I'm scared my timeline is seems OK.And I Attached mail what I did not take.

 

[Sm1smom]

Actually I'm a new member.Sorry about that I'm a winner from lottery dv23,my case no Eu26000. I entered at march14 with B1/B2 visas.I already sent my 485 etc.I had an appointment for bio 28th June at Los Angeles.someones got this Acknowledgement mail but I did not.and I'm scared my timeline is seems OK.

Add your case timeline to the 2023 Timeline Spreadsheet - that is the only way I can properly review it.

 

[tugo]

I think i did.can you check it pls? @Sm1smom