• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

DV 2023 AOS (Adjustment of Status) Only

Diophantus said:
Also a quick question, Is it ok if I refile my AOS application and also in the mean time try to meet FO with a lawyer with appointment through emma?
Click to expand...
I took another look at your denial notice. It states your RFE response mentioned the early filing memo, and the VB. The notice says nothing about the below information listed on their website:

“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)."

Did you not include this rebuttal in your RFE response like I had recommended? Filing on June 15th puts you between the 6 to 7 weeks range before a visa can be allocated referenced on their website.
 
Hi MOM.
Since my fingerprints on July 12th, I haven't received any update.

I talked to a live agent today, and she said my case is still in NBC. I asked her if she could request NBC to send the case to the field office and she said she can't but she scheduled a Tier 2 call for further help. So

1. Is it possible that NBC still holds my application?
2. Can Tier 2 send a request to NBC to send my application to San Antonio FO?
3. Can Tier 2 schedule an in-person appointment for me in my FO? If so, how would it be possible to convince them to do so? Do you know any experience from other people?
4. What options a Tier 2 can offer in general?
5. Do background checks start after the fingerprints are taken or after the case has arrived to the filed office?

Thanks
 
Sm1smom said:
1. No you cannot complete the bio without the bio appointment notice. The ASC does not schedule the bio appointment, this is done centrally by NBC.
2. You can start with your House of Rep person.
Click to expand...
1) And I guess there is no way to contact NBC, right?
2) Ok, thank you. What should I write down?
3) Other than starting with my House of Rep person, is there anything else I can do?
4) I just read AliKar's post... Why is everyone else given the opportunity to be called back by the Tier 2 agent except me?
 
AliKar said:
Hi MOM.
Since my fingerprints on July 12th, I haven't received any update.

I talked to a live agent today, and she said my case is still in NBC. I asked her if she could request NBC to send the case to the field office and she said she can't but she scheduled a Tier 2 call for further help. So

1. Is it possible that NBC still holds my application?
2. Can Tier 2 send a request to NBC to send my application to San Antonio FO?
3. Can Tier 2 schedule an in-person appointment for me in my FO? If so, how would it be possible to convince them to do so? Do you know any experience from other people?
4. What options a Tier 2 can offer in general?
5. Do background checks start after the fingerprints are taken or after the case has arrived to the filed office?

Thanks
Click to expand...
1. It is not normal for the NBC to hold on to the case after the bio appointment has been scheduled. I do not believe your case is still at the NBC.
2. They can initiate case follow-up inquiry or submit an expedite request if they believe there's enough justification to do so.
3. Yes they can, if they believe there's enough justification to do so. You basically explain your situation and keep your fingers crossed.
4. See 2 & 3 above
5. Background check starts following bio completion.

If you compare your timeline with those from your FO, you will actually notice that your FO has a tendency to waive the interview and that your progress is actually on track compared with other cases from the same FO as you.
 
AM7 said:
1) And I guess there is no way to contact NBC, right?
2) Ok, thank you. What should I write down?
3) Other than starting with my House of Rep person, is there anything else I can do?
4) I just read AliKar's post... Why is everyone else given the opportunity to be called back by the Tier 2 agent except me?
Click to expand...
1. No.
2. Follow the instructions provided on your congress person's website.
3. Initiate that step first.
4. How am I supposed to know that? I was not on the call with you or the other folks, right?
 
Sm1smom said:
Ok. Just remember, the clock is ticking! Have you already engaged with a lawyer at this point?
Click to expand...
Hello mom, I have a initial consultant with lawyer tomorrow and I believe this will only help me with bunch of information on how to proceed ahead. I called USCIS and the lady told me that there is no way to meet IO until a judge says to do so but she says I can refile if the denial letter doesnt say so and they may also waive my medical report but I will be including it and my biometric fee in AOS application.
 
Sm1smom said:
1. No.
2. Follow the instructions provided on your congress person's website.
3. Initiate that step first.
4. How am I supposed to know that? I was not on the call with you or the other folks, right?
Click to expand...
2. In the previous post you told me to start with the House of Rep person, not the Congress person-so who should I write to?
4. Right. I hope someone else can suggest the magic words to me.
 
Diophantus said:
Hello mom, I have a initial consultant with lawyer tomorrow and I believe this will only help me with bunch of information on how to proceed ahead. I called USCIS and the lady told me that there is no way to meet IO until a judge says to do so but she says I can refile if the denial letter doesnt say so and they may also waive my medical report but I will be including it and my biometric fee in AOS application.
Click to expand...
It is basically a bunch of nonsense she told you. She could set-up an INFOPASS appointment if she wanted to help. Saying the medical report may be waived indicates she does not know one thing from the other.

If all you're waiting for is information from the lawyer on how to proceed, I will tell you right now you're basically wasting your time. You should either be preparing to send in another application or be looking for a lawyer who is willing to visit the FO with you ASAP to get the current denial over-turned.
 
AM7 said:
2. In the previous post you told me to start with the House of Rep person, not the Congress person-so who should I write to?
4. Right. I hope someone else can suggest the magic words to me.
Click to expand...
"Congress" is made up of both House of Reps and Senators. So if I say initiate a congressional inquiry, it basically means contact your House of Rep person (which is usually the first level/step) or your Senator.
 
Sm1smom said:
"Congress" is made up of both House of Reps and Senators. So if I say initiate a congressional inquiry, it basically means contact your House of Rep person (which is usually the first level/step) or your Senator.
Click to expand...
Thank you for your explanation. Hope to have good news soon.
Finger crossed for all of us!
 
Diophantus said:
Hello mom, I have a initial consultant with lawyer tomorrow and I believe this will only help me with bunch of information on how to proceed ahead. I called USCIS and the lady told me that there is no way to meet IO until a judge says to do so but she says I can refile if the denial letter doesnt say so and they may also waive my medical report but I will be including it and my biometric fee in AOS application.
Click to expand...
Sm1smom said:
It is basically a bunch of nonsense she told you. She could set-up an INFOPASS appointment if she wanted to help. Saying the medical report may be waived indicates she does not know one thing from the other.

If all you're waiting for is information from the lawyer on how to proceed, I will tell you right now you're basically wasting your time. You should either be preparing to send in another application or be looking for a lawyer who is willing to visit the FO with you ASAP to get the current denial over-turned.
Click to expand...
Hello mom thanks for your input. I tried asking emm live chat for infopass appointment and she told that USCIS doesnt schedule appointment with field office to discuss case decisions but she did requested for me and told that someone will call me in 72 hours. Given the situation and time limit, I think refilling is less risky here.
 
Diophantus said:
Hello mom thanks for your input. I tried asking emm live chat for infopass appointment and she told that USCIS doesnt schedule appointment with field office to discuss case decisions but she did requested for me and told that someone will call me in 72 hours. Given the situation and time limit, I think refilling is less risky here.
Click to expand...
Hi @Diophantus ,

May I know how you got a chance to be called back by a Tier 2 agent? After typing Infopass what did you write? Thanks
 
Hi mom. is there any tracker spreadsheet for non-DV AOS cases? I am trying to see if my FO waives interviews, but so far I could only find two cases that were scheduled in my FO from all the past DV AOS trackers.
 
Diophantus said:
You need to ask for infopass appointment and explain why you need it. Then they will request it for you
Click to expand...
I typed in Infopass, then selected "Make an Infopass appointment", and when she asked me "Briefly Describe the reason for your appointment:" she showed me USCIS pages with information and/or she put me in touch with a Tier 1 agent who never allowed me to talk to a Tier 2 agent :rolleyes:
 
You must log in or register to reply here.
Top