DV 2023 AOS (Adjustment of Status) Only

[Sm1smom]

Hi,
I received from USCIS Request for evidence. Despite I noticed that I have a College and a University diploma, and more than 13 years of qualifying work experience, which requires at least two years of training they asked me: Submit proof that the DV principal applicant has a high school education or its equivalent, or two years of qualifying work experience as stated in U.S. law.

What documents I should submit? Only a high school certificate, or is it better to send all educational diplomas?
And another question - I graduated from medical college and medical university, but for more than 18 years I'm working in IT. In the U.S. I'm working since this May, but in a position that usually requires at least a bachelor's degree and 2+experience in management.
Are a Job Offer and W-2 forms will be evidence of this?

The list of documents I sent to USCIS:
- i-485, G-1450, G-1145
- 2 photos
- NL1, NL2
- DV fee reciept
- birth certificate
- marriage certificate
- children's birth certificates
- passport pages copy
- i-94
- confirmation of sending DS-260
- i-693

Please advise, should I send any other additional documents to avoid further RFE?

Thank you.

So you did not include any evidence of meeting the educational requirements outside of what was stated on your form. They can’t just take your words for it, the actual evidence is required. If only you had utilized the AOS Process Spreadsheet, you wouldn’t be in this situation now.

Send in copies of your educational qualifications, that is the easiest way of demonstrating you meeting the DV requirements. Trying to demonstrate this by work experience is a bit complicated and not so straightforward.

 

[tonnykirugu]

Maybe your background check clearance is still pending, hence the non-approval for now. You just need to remain patient for a while at this point.

Wow. That could be the take because I went for biometric and had my previous bio with an error or my date of birth and misspelled my first name.
I will be patient and relaxed about it.
Thank you

 

[Sm1smom]

Hello @Sm1smom so today I‘ve received a denial explanation letter . As I thought the reason for denial is failed to maintain lawful status since my J-1 expired and I received TPS. It’s the one and only reason for the denial. I did not accrued any unlawful presence. Also they stated I was lawfully present in the US as non-immigrant in the time of filing I-485 application. I will file a motion for reconsideration. My failure to maintain status was through no fault of my own. I timely applied for an asylum and my case was not ultimately decided on until it was administratively closed by BIA.
I will write an explanation brief along with i-290B. Mom, I would really appreciate any suggestions from you! Thank you!
P.S. Do you think it would beneficial to obtain an I-601 waiver. My mom is a US Citizen.

So I remember back in September or so, Susie kept asking if you ever fell out of status, and you kept responding by saying you did not, but your denial notice says otherwise so.

Anyway, to file a motion for reconsideration under the No Fault Exemption by claiming you fell out of status due to Technical violation resulting from inaction of USCIS, you will need to be able to demonstrate n USCIS failed to adjudicate your properly and timely filed request to extend or change nonimmigrant status before you fell out of status. Some of the questions/issues you will need to be able to answer include (of course not limited to):

1. When did your actual authorized stay expire?
2. When did you file for asylum?
3. What was the average processing time of asylum applications as at when you filed? Did you fall out of status outside of that average processing time or before?
(You do not need to provide answers to the above questions to me, just letting you know some of the things you will need to address if filing a Motion To Reconsider on the basis of a No Fault Exemption).

You may try for the waiver, but I doubt you will have enough time to get it approved and applied to your AOS application. Also the truth is Motion to Reconsider can take a while to get adjudicated, I don't even know if you will have enough time before the FY is over. Nonetheless, I will not discourage you from filing one if you so wish.

Best of luck!

 

[JULIA-GLOWS]

So I remember back in September or so, Susie kept asking if you ever fell out of status, and you kept responding by saying you did not, but your denial notice says otherwise so.

Anyway, to file a motion for reconsideration under the No Fault Exemption by claiming you fell out of status due to Technical violation resulting from inaction of USCIS, you will need to be able to demonstrate n USCIS failed to adjudicate your properly and timely filed request to extend or change nonimmigrant status before you fell out of status. Some of the questions/issues you will need to be able to answer include (of course not limited to):

1. When did your actual authorized stay expire?
2. When did you file for asylum?
3. What was the average processing time of asylum applications as at when you filed? Did you fall out of status outside of that average processing time or before?
(You do not need to provide answers to the above questions to me, just letting you know some of the things you will need to address if filing a Motion To Reconsider on the basis of a No Fault Exemption).

You may try for the waiver, but I doubt you will have enough time to get it approved and applied to your AOS application. Also the truth is Motion to Reconsider can take a while to get adjudicated, I don't even know if you will have enough time before the FY is over. Nonetheless, I will not discourage you from filing one if you so wish.

Best of luck!

Thank you for your response. Back in September I clearly stated to Susie my situation and that after J-1 I applied for asylum and it was pending for years before TPS. I even mentioned that I actually consider myself being out of status since I clearly understood that pending asylum is not a status. I’m looking into direct filing address for a I-290B and it says:
Decision made by the National Benefits Center on a:

• Family-based Form I-485, or
• Section 13-based Form I-485 file to Chicago lockbox.

My decision was made by LA FO and they will be the ones who will take my motion into reconsideration. Do I file my motion with all required fees to the address on my decision letter then?

 

[Sm1smom]

Thank you for your response. Back in September I clearly stated to Susie my situation and that after J-1 I applied for asylum and it was pending for years before TPS. I even mentioned that I actually consider myself being out of status since I clearly understood that pending asylum is not a status. I’m looking into direct filing address for a I-290B and it says:
Decision made by the National Benefits Center on a:

• Family-based Form I-485, or
• Section 13-based Form I-485 file to Chicago lockbox.

My decision was made by LA FO and they will be the ones who will take my motion into reconsideration. Do I file my motion with all required fees to the address on my decision letter then?

Hmmn, actually no. You categorically told Susie you were never out of status. See below - if you click on the arrow in the little circle before your name in the below post, it will take you to the section and the context within which you provided that response (not that it matters any longer at this point):

No!

I’m sorry I have no idea as to where you need to send the motion to reconsider application. But I do know you will need to include the applicable payment for the application.

 

[aahlam]

hi mom, just to make sure, should i attach my 1. NOA for my asylum pending since 2012, since we first came and applied and 2. NOA for work authorization and work authorization cards for me, spouse and kids as the proof that we've remained lawful? would that count?

we are still on pending asylum status and work auth

 

[Sm1smom]

hi mom, just to make sure, should i attach my 1. NOA for my asylum pending since 2012, since we first came and applied and 2. NOA for work authorization and work authorization cards for me, spouse and kids as the proof that we've remained lawful? would that count?

we are still on pending asylum status and work auth

Yes include them, although they do not demonstrate you’ve maintained a valid status considering you’re in asylum pending.

 

[aahlam]

so im 193 short to be current, in the advanced section september didnt change and ive been in the US for a decade was hoping to adjust status finally. september asia region didnt move in the advanced section, im assuming thats final right? the wont be any changes in september next month?

 

[Sm1smom]

so im 193 short to be current, in the advanced section september didnt change and ive been in the US for a decade was hoping to adjust status finally. september asia region didnt move in the advanced section, im assuming thats final right? the wont be any changes in september next month?

Sorry to learn your CN falls below the cutoff number for September. This probably wouldn’t change in the next VB, but it wouldn’t hurt to still be on the lookout for it.

 

[Green_seekerz]

Time in general for what? I know next to nothing about your case, how am I supposed to know if you have time in general or not?

Sorry.
I mean i just started the process of AOS with an attorney. So i am asking do i have enough time for my case to be finished and get the green card?
And he attorney filed g-28 form 10 days ago.
I am afraid that the fiscal year is over and i didnt get a chance for interview.
Thanks. And sorry for misunderstanding.

 

[Green_seekerz]

Hello Mom
Which is better? To send the medical exam result with form I -485? Or to wait till they give me an interview and then take the medical result with me to the interview?

 

[nervouswreck]

Sorry to learn your CN falls below the cutoff number for September. This probably wouldn’t change in the next VB, but it wouldn’t hurt to still be on the lookout for it.

I think there is no October bulletin. The September bulletin is the last for DV 2023 so if OP didn't make the cut, it's unfortunately game over

 

[Sm1smom]

I think there is no October bulletin. The September bulletin is the last for DV 2023 so if OP didn't make the cut, it's unfortunately game over

I suggest you carefully re-read my post. To start with, my post did not say anything about “October bulletin” It seems you’ve misinterpreted it to mean OP could be scheduled for an October interview. I should know better (considering the number of years I’ve spent on this platform supporting DV selectees) and would never allude to that.

The current (newly released) VB is the August VB which covers two months: August and September (in the advance notification section). Next month’s VB will be the September VB which will also cover two months: September and October (in the advance notification section). The September VB is what I referenced in my post. Why? A tiny possibility for the September cutoff numbers to change (retrogression has happened before, ok?) It most likely wouldn’t happen this year based on the number of visas already issued/processed, but like I said, no harm in being on the lookout for it.

And by the way, there will be an October VB, it just wouldn’t be applicable to DV2023 selectees.

 

[Sm1smom]

Sorry.
I mean i just started the process of AOS with an attorney. So i am asking do i have enough time for my case to be finished and get the green card?
And he attorney filed g-28 form 10 days ago.
I am afraid that the fiscal year is over and i didnt get a chance for interview.
Thanks. And sorry for misunderstanding.

Well, the question is why are you using an attorney? Since you're using an attorney, I don't know if you'll have enough time to complete the process or not as I have no idea how quickly your attorney will get the filing process started.

Also, how familiar is your attorney with DV based AOS process? Are they familiar with what pertinent documents should be included with your AOS package? Have you made the AOS Administrative Fee payment and received your receipt? Your background check clearance, your applicable FO's workload may also play in how quickly you complete the process.

In general, we've had selectees whose CNs became current in September who successfully completed the AOS process.

 

[Sm1smom]

Hello Mom
Which is better? To send the medical exam result with form I -485? Or to wait till they give me an interview and then take the medical result with me to the interview?

What does your attorney say/think about this? I cannot tell you which is better. Go through the FAQ section of the AOS Process Spreadsheet and make your own decision.

 

[Green_seekerz]

What does your attorney say/think about this? I cannot tell you which is better. Go through the FAQ section of the AOS Process Spreadsheet and make your own decision.

He told me they will never waive your interview. And you have to take your medical exam result with you at the interview…. Is that correct?

 

[Sm1smom]

He told me they will never waive your interview. And you have to take your medical exam result with you at the interview…. Is that correct?

Well, this tells me your attorney is clearly not familiar with DV based AOS process. You can take a look at the 2023 Timeline Spreadsheet to see some of the cases already approved without an interview.

 

[Green_seekerz]

Well, this tells me your attorney is clearly not familiar with DV based AOS process. You can take a look at the 2023 Timeline Spreadsheet to see some of the cases already approved without an interview.

Okay thank you Mom. But do you recommend to clear my medical exam and send it with I-485?
Sorry but i am confused and i guess my attorney is confused also.

 

[Sm1smom]

Okay thank you Mom. But do you recommend to clear my medical exam and send it with I-485?
Sorry but i am confused and i guess my attorney is confused also.

I do not have a recommendation. Take a look at the FAQ section of the AOS Process document like I already recommended and make your own decision.

 

[rondon]

Okay thank you Mom. But do you recommend to clear my medical exam and send it with I-485?
Sorry but i am confused and i guess my attorney is confused also.

It is your case, there is less than 2% chance on average to just get “selected” for the lottery. Do you really want to squander the opportunity with a lawyer who hasnt a slightest idea as to when you should be sending your forms? No one cares about your case more than u do, so please read every words in the process spreadsheet. Use keywords in the forum threads, most wuestions you have are well covered in those spreadsheets. Did I mention for free?
If it was my case, I would surely send those documents together, no questions asked, no confusions. Based on the spreadsheets, some FOs sometimes approve dv cases without interview, but without the medical exam report i think that would be challenging to do so from the FOs imo. Goodluck.