Sm1smom
Super Moderator
You can contact your bank to find out if your cashier’s check has been processed for payment. Other than that, there’s nothing else you can do outside of waiting.
DV 2023 AOS (Adjustment of Status) Only
- Thread starter Sm1smom
- Start date
DreamLandUS
New Member
Hi Mum, I wanted to ask if last year's August and September were similar to this year in terms of the number of available visas and the scheduling process. Were there any changes in visa availability or over scheduling compared to the previous year?
Sm1smom
Super Moderator
May I suggest you take a look at the 2022 AOS thread, (maybe the conversations from around August?), you’ll be able to deduce how that FY ended.
Diophantus
Member
Hi Mom, I am in a big problem I need help. I filed my application to uscis on June 15 (early filing) for August(charge country: Nepal) but today I received the "Request for evidence that an immigrant visa is immediately available to you such that you are eligible to adjust status". My field office is in Detroit. At this point, I am very afraid and don't know how to proceed. Are they asking me to send them a copy of the August visa bulletin? I am thinking to visit the field office itself this Monday. I kindly request you guide me on how to process this.
DreamLandUS
New Member
Tori haha
Sm1smom
Super Moderator
Respond to the RFE by explaining you utilized the early filing option based on the instructions on the USCIS’s website which says:
“As soon as a monthly Visa Bulletin is published, anyone with a lower rank number than the rank cut-off number shown in Section C is eligible to file for adjustment of status. This provides lottery winners the opportunity to file for adjustment of status up to six or seven weeks before a visa number can actually be allocated. This gives USCIS additional time to determine your eligibility for adjustment of status before the end of the fiscal year.” (Include the website link where this is stated).
Explain you realize your AOS application could not be adjudicated before August 1st, since there was no visa allocated to your case as at when you filed (which you were eligible to do so based on the above instructions from their website), however as of August 1st there is a visa allocated to your application since your CN falls under the August cutoff numbers.
In addition to including the link as stated above, be sure to print out the page and highlight the actual section as part of your evidence. Also print out the VB and highlight Section C which shows your CN falls under the cutoff numbers for August.
Finally, include the following write-up from the Early Filing Memo as part of your early filing defense that says (page 2):
"The rank cut-off number listed in the advance notification section indicates the DV rank cut-off numbers for the specific month covered by the advance notification. Anyone with a rank number below the listed rank cut-off number in the Visa Bulletin may file an adjustment of status application. For example, in the November 2012 Visa Bulletin, shown on page 5 of this PM, the advance notification DV rank cut-off number for Europe in December 2012 is listed as being 9,250. Therefore, immediately upon release of the November 2012 Visa Bulletin (i.e., on or about October 9, 2012), any person who could be charged to Europe who had a rank cut-off number below 9,250 was eligible to file an application for adjustment of status, even though the adjustment application could not be adjudicated to completion prior to December 1, 2012."
Also state based on when you filed, you were under the impression that IOs are required to "only review the DV applicant’s rank cut-off number for the month during which final adjudication takes place, not the rank cut-off number listed in the current Visa Bulletin’s separate “advance notification” table or the month in which the Form I-485 adjustment application was originally filed" per page 4 of the Early Filing Memo
Be sure to equally print out the actual Early Filing Memo itself and include with your response (highlight the relevant sections with a Sharpie). Admittedly, they might say this is an old memo (it was issued about 10 years ago), there is no other superseding memo which over-rides what this one says AFAIK.
Best of luck!
p.s. do add your case data to the Timeline spreadsheet.
Sm1smom
Super Moderator
Refer to the DV2023 Timeline Spreadsheet.
All the more reason to add your case data to it also, by the way.
Sm1smom
Super Moderator
What is this supposed to mean?
Yes, I looked and it seems like some of ASC take walk ins and I will try to do it on Monday. And, yes, I will update it soon. Thank you
Sm1smom
Super Moderator
Was that before or after your post asking about if there are other folks who did a bio walk-in?
I noticed that after my question.
I don’t think anyone has an answer for this. Seems there are only two options:
a) CPers do have a reserved visa and they’ll just bust through the cap like they did last year. If the cap isn’t actually enforced then there would be no reason to start denying AOS cases due to exhaustion. We know that some AOS cases have received their visa after the point at which they over-scheduled/reserved CP cases, so why would the AOSers who are left be cut off at some arbitrary point between now and end of FY2023?
b) There are no reserved visas for anyone (including CPers) and the cap is enforced. Then it will just come down to who - out of 221g, AOS, and CP - will be interviewed or processed before the cap is met. At that point they’d not only have to shut down IVAMS but also start cancelling scheduled CP interviews. Seems like there would be a lot of unhappy people.
Thanks for expanding on this. The 'outrage' was aimed at the fact that KCC have put themself in a position where they will either be a) breaking the law (breaching the global cap), or b) creating a situation where those who were current months ago, and are either awaiting an interview or decision, are denied a visa well before the end of FY2023 purely because KCC f'ed up and over-scheduled. It's a shitshow either way imho.
If the scenario where CP cases are reserved a visa is true, then shouldn't visas instantly become unavailable in IVAMS for AOS cases the moment scheduled CP cases breach 55,000? In theory there are no available visas left at that point, but we know that AOS cases have been approved since then. Where do those visas come from? It can't be visa number 55,001 if they want to enforce the cap.
How do they decide the date at which visas are made unavailable in IVAMS if it's not tied to the amount of scheduled CP cases? I've looked at the thread from 2017 and it seems that the global cap hadn't been reached at the point those AOS cases received denials.
Setting aside over-scheduling CP cases, considering the fact that for two years in a row now they seem to have a hard time controlling the numbers, wouldn't it make sense for there to be some mechanism where KCC can know how many AOS cases there are in a given year and then schedule CP cases accordingly? AOSers have either submitted a DS-260 and/or DV payment so it's not as though it's an unknown. Surely it wouldn't be that hard to say "hey guys we're aware of 1000 AOS this year so that leaves 54,000 visas available for CP cases". I'm not sure if it's a coincidence but didn't they breach last years cap by roughly the same amount as approved AOS cases? Seems as though that mechanism would've come in handy if that were the case.
Britsimon
Super Moderator
You're asking some questions for which we don't have answers. I don't understand why they are having a hard time sticking to the cap and making things more transparent. I have a FOIA request in on this exact topic - but by the time I know more DV2023 will be over.
Regarding your last paragraph, they clearly don't reserve any visas for AOS. It's the poor stepchild in the minds of DoS. Last year the AOS number was 1590, while they exceeded the cap by about 900.
Hi @Sm1smom,
I read this in an old post: "After NOA and before bio-metric, I chatted with Emma 3 different times (difference of 2-4 weeks) submitted one inquiry request (through USCIS website) but nothing helped. Finally, I got a chance to speak with the Tier-2 officer last week. Although he did not sound helpful on the phone, he created a service request to NBC which actually helped me to receive my biometric appointment today."
My questions are:
1) Do you suggest me to submit a service request through the USCIS website? If so, is this the link https://egov.uscis.gov/e-Request/Intro.do? Should I click on Case outside normal processing time?
2) How can I talk to the Tier-2 officer so that he can create a service request to NBC to also help me get my biometric appointment?
3) Or at this point, based on current conversations about visa exhaustion, would it be better to directly initiate a congressional case service request?
Thank you for your help!
I read this in an old post: "After NOA and before bio-metric, I chatted with Emma 3 different times (difference of 2-4 weeks) submitted one inquiry request (through USCIS website) but nothing helped. Finally, I got a chance to speak with the Tier-2 officer last week. Although he did not sound helpful on the phone, he created a service request to NBC which actually helped me to receive my biometric appointment today."
My questions are:
1) Do you suggest me to submit a service request through the USCIS website? If so, is this the link https://egov.uscis.gov/e-Request/Intro.do? Should I click on Case outside normal processing time?
2) How can I talk to the Tier-2 officer so that he can create a service request to NBC to also help me get my biometric appointment?
3) Or at this point, based on current conversations about visa exhaustion, would it be better to directly initiate a congressional case service request?
Thank you for your help!
So last year they only gave those 900 AOS cases greencards and 690 AOS cases left without a result?
I want to be sure of this because before I started AOS, my consultant and many others told me that AOS is the best option if you can. What I am seeing now it really is not. (I am a selectee from Turkey btw, already had troubles from Ankara embassy).
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Sm1smom
Super Moderator
In general when referencing another post, it helps to quote the actual post against doing a copy and paste into your own post. Using the forum “Quote” button for the intended post enables us to see the context in which that specific post was written. The context of each post matters. Anyway, in this specific situation even though you copied and pasted the post as against “quoting” it, I’m able to deduce your situation does not fall within the parameters of the actions described there. You’re not in the same or similar situation the writer of that post was in when that action was taken.
1. If this was an option you can utilize, I would have already directed you towards it. Your case is not outside of the normal processing time, even for a DV case. You’re however free to explore it if you think it can be of help.
2. You describe your situation to a Tier 1 agent and if they think your case warrants a Tier 2 callback, they’ll let you know. (My response 1 above still applies though).
3. You can do that if you like. You however might want to be mindful of misusing what could be a one time opportunity for utilizing case inquiry assistance considering getting the bio letter is not the last step of the DV based AOS process.
Hi @Sm1smom,
Thank you for your reply. I apologize, I didn't know about the use of the "Quote" button.
When I spoke to the agent telling her that I had not yet received my biometrics letter, she replied something like: "I don't see any updates but I see that your case is in queue." When I asked her what "your case is in queue" meant, she said again: "I don't see any update"
Is this good news or bad news? Or is it just something they say to close the conversation?
Thank you!
onami
New Member
Not a best option its so slow . Just i m thinking this is overrated option i have ever seen if you re doing aos by coming to USA from abroad.