DV 2023 AOS (Adjustment of Status) Only

[Sm1smom]

Hi i got news 5 min before me and my husband card approved without interview.. actually everybody told be my husband could not take greencard because he was lost his f1 visa and he did aslyum but they approved his greencard too..this is hope for everyone. I hope you all get good news.

Congratulations and thanks for the update.

Need to set the records straight though as it is not true that “everybody” told you your husband your husband could not get the green card because of he was out of status. I believe I clearly pointed out the possibility of his OOS being missed and he gets approved with you as shown in the below response to your question back on July 18th to be precise:

So he was OOS for roughly 3 months before filing for asylum, the OOS may be hard to overcome in that case. But stranger things have been known to happen, there’s a possibility the IO may miss that detail and he ends up being approved with you.

Your husband case is not the first of such we’ve seen to get approved. We actually have a reported DV2022 case listed on the DV Tracker Unique Cases Spreadsheet

 

[Sm1smom]

View attachment 4324
I am confused on number 20 and 22. Given my denial letter should I choose yes or no?

Not sure why you’re getting confused about those questions. Was a “final order of exclusion, deportation, or removal” ever issued against you in the first place? The answer to that question determines the responses to the questions you’re confused about.

 

[Sm1smom]

Hi I think you are being too sensitive because I was not targeting you or this form.
As a result, everyone said that there was a possibility of not being taken as a result, and I was talking about my lawyer and the people in the environment I consulted. I did not write here for accusation purposes, but as a result, everyone said that there was a possibility of not being taken as a result, and it happened. If I wanted to say something like that, I would have tagged you. Thank you for your current and previous responses.


I wish everyone good news to come.

Yeah, maybe I’m being too sensitive, you’re entitled to your opinion. And my post never said anything about you targeting me or this forum to start with.

However, if you come to this forum and post about “everybody” telling you something (without clarifying who those everyone are), and that something isn’t what you were told in this forum, I have a duty as a moderator to set the records straight which is basically what I’ve done! My concern is about the information shared in this forum, it really is as simple as that.

 

[Diophantus]

Hello @Sm1smom as I am preparing to refile, in the spreadsheet under AOS package you have suggested to include I-797 notice of action for current and past visa status. Do you think I need to include? Like my notice of action for receipt number and biometric appointment or am I also good excluding this notice of actions into my new AOS package?

 

[Sm1smom]

Hello @Sm1smom as I am preparing to refile, in the spreadsheet under AOS package you have suggested to include I-797 notice of action for current and past visa status. Do you think I need to include? Like my notice of action for receipt number and biometric appointment or am I also good excluding this notice of actions into my new AOS package?

No. Those do not demonstrate evidence of current or past status.
.

 

[Sadaft92]

Dear Mom,
hope you are doing well.
As I understood from earlier messages, interview waive is mostly based on FO's preferences.
How about Bio waive? what factors are related for a bio to be waived?
Thank you
(btw, I received my NOA letter finally, its now been 16 days and I am waiting for the bio letter now.)

 

[Sm1smom]

Dear Mom,
hope you are doing well.
As I understood from earlier messages, interview waive is mostly based on FO's preferences.
How about Bio waive? what factors are related for a bio to be waived?
Thank you
(btw, I received my NOA letter finally, its now been 16 days and I am waiting for the bio letter now.)

Bio scheduling gets waived if you have a recently completed USCIS initiated bio in the system for some other application.

 

[Diophantus]

Hello mom as I am near to refile my AOS application. I am little nervous as my denial letter explicitly state that I am not authorize to stay and if not appeal within 33 days they may issue me a notice to appear. But I have still a valid I20 and maintaining my F1 status which means I can still reapply. Do you think my previous denial result will impact the result of refilling? I included my alien number in I485 and also pretty much they have all my previous information.

 

[Sm1smom]

Hello mom as I am near to refile my AOS application. I am little nervous as my denial letter explicitly state that I am not authorize to stay and if not appeal within 33 days they may issue me a notice to appear. But I have still a valid I20 and maintaining my F1 status which means I can still reapply. Do you think my previous denial result will impact the result of refilling? I included my alien number in I485 and also pretty much they have all my previous information.

Do you think I would have recommended re-filing as an option if it would?

 

[Diophantus]

Do you think I would have recommended re-filing as an option if it would?

Thanks for your input. I think i am getting too nervous. How effective do you see including a letter with AOS package addressing detroit field officer and explaining them of my denial because of early filling and I am still authorize to stay and refile with my valid I20?

 

[Sm1smom]

Thanks for your input. I think i am getting too nervous. How effective do you see including a letter with AOS package addressing detroit field officer and explaining them of my denial because of early filling and I am still authorize to stay and refile with my valid I20?

Yes indeed, your nervousness is showing through and through considering I already answered this (similar) question back on Thursday. What would be effective in demonstrating you’re still in a valid status (IMHO) is including any such proof you can get from your school’s DSO indicating your SEVIS is not or has never been terminated . This could also be proof of current registration for the fall semester, last semester’s registration and transcripts, etc.

 

[mohammedm]

Hello Mum,
I don't know what's going on with my congressperson. They receive my request on 07/16 and they told me that they need up to 30 days to get an update. I called them last week after the 30 days period has ended and they told me that the person in charge of my case is on vacation and to call back next week. I called them today and they said that they don't know when he will be back from vacation and to just wait another 2 weeks. I don't think that two more weeks are doable since the deadline/visa cap is approaching. It's been 55 days after bio and I didn't get an update yet. Do you think it's time to contact my senator. What do you recommend?

 

[Sm1smom]

Hello Mum,
I don't know what's going on with my congressperson. They receive my request on 07/16 and they told me that they need up to 30 days to get an update. I called them last week after the 30 days period has ended and they told me that the person in charge of my case is on vacation and to call back next week. I called them today and they said that they don't know when he will be back from vacation and to just wait another 2 weeks. I don't think that two more weeks are doable since the deadline/visa cap is approaching. It's been 55 days after bio and I didn't get an update yet. Do you think it's time to contact my senator. What do you recommend?

Yes, try your senator’s office.

 

[Diophantus]

I am thinking to include my previous denial and focus on that I am still in valid F1 student status and eligible to refile.

 

[zoza96]

Good morning mom
Hello
I wish u are doing well
I did my fingerprints on21st of june in jacksonville and unil now I didn’t get any notice.. so i went to the congressman and i did inquiry on august 15
And they reply today to me by that which is weird because I didn’t make (Asylum) so idk why put me under Asylum status i made AOS ..
2) if the FY end on 30 sep and I didn’t get my interview does it mean i lost it or no


Thanks

 

[Sm1smom]

Good morning mom
Hello
I wish u are doing well
I did my fingerprints on21st of june in jacksonville and unil now I didn’t get any notice.. so i went to the congressman and i did inquiry on august 15
And they reply today to me by that which is weird because I didn’t make (Asylum) so idk why put me under Asylum status i made AOS ..
2) if the FY end on 30 sep and I didn’t get my interview does it mean i lost it or no


Thanks
View attachment 4330

1. You need to get back to your congressman's office and let them your AOS application is not asylum based, and that your FO seems to have things mixed up. Include information on when your case was delivered to the lockbox, when you received your NOA, when you completed your bio. Also inform them that you will loose the chance of obtaining your GC if your case is not adjudicated by the end of the FY.

2. Yes, that will be the end of your DV 2023 selection.

 

[Olga2023]

Hello!
Can you help me, please?
I've just received my I-485 decision. My form I-485 was denied because they said that my DV visa was not available at the time of filing form.
But it is a mistake!
I filed out on 05/05/2023 and my case number 27*** became current in April 2023 (current for April is 30,000).
They said if I believe that the denial of my Form I-485 is an error, I can file a motion to reopen or a motion to reconsider using form I-290B.
What is my next step in this case?
Should I fill out I-290B and pay a fee just once or for each member of my family?
Which answer should I chose in Part 2 of I-290B?

 

[Sm1smom]

Hello!
Can you help me, please?
I've just received my I-485 decision. My form I-485 was denied because they said that my DV visa was not available at the time of filing form.
But it is a mistake!
I filed out on 05/05/2023 and my case number 27*** became current in April 2023 (current for April is 30,000).
They said if I believe that the denial of my Form I-485 is an error, I can file a motion to reopen or a motion to reconsider using form I-290B.
What is my next step in this case?
Should I fill out I-290B and pay a fee just once or for each member of my family?
Which answer should I chose in Part 2 of I-290B?

Sorry to learn of your case denial. A couple of questions for you:
1. Which FO has jurisdiction over your case?
2. Which region are you chargeable to? Your CN as listed above "27***" means nothing without the region. Also do you fall under one of the except countries for your region?
3. Did you receive a NOID or RFE prior to the denial notice?

Now, to your original questions:
We recently had another case with a denial due to early filing from the Detroit FO. In terms of next step, here's my recommendation:

Option 1. Filing an I-209B Motion to reopen or Motion to reconsider will likely not be adjudicated before the end of the FY, so it is not something I've recommended in the past in situations such as this. You however may want to consider visiting your FO to make an appeal in person and to encourage them to review the case because you believe the denial is erroneous - some previous selectees have successfully pursued this route in the past. You may also consider hiring a lawyer to go with you on this visit (should you decide to go with this route). The lawyer will need to use their influence to get you inside the FO without an appointment - (assuming the lawyer is local and has a reason to visit the FO, for another case, they could decide to take you along - one or two have done this).

Option 2. File a new AOS application for you and all of your derivatives right away (I'm assuming you're still in legal status). This is what most folks with erroneous denials have successfully done in the past.

If you prefer filing the I-209B, I believe you will need to file an individual motion for you and all of your derivatives, and pay for each one. Unfortunately I cannot guide you on how to fill the form as I believe it is a waste of time and resources for DV based cases, filing a fresh AOS application is much more effective IMHO.

 

[Sadaft92]

Dear mom,
its been almost 18 days since my fee for biometrics has been received by USCIS. but I still haven't get anything for my biometric appointment.
What do you suggesting me to do at this point mom?
I am a bit worried now
Am I gonna receive a letter only or I will also notified in my online account?

 

[gvbri3ll]

@Sm1smom I have pretty much similar situation- 14days without notice after Bio. I know it is not that many days but still as the rest of applicants, I started thinking to do something with the case. Should I contact first Tier 2, Congressman or House of Reps?
Thank you!!