Sm1smom
Super Moderator
Bio scheduling gets waived if you have a recently completed USCIS initiated bio in the system for some other application.
DV 2023 AOS (Adjustment of Status) Only
- Thread starter Sm1smom
- Start date
Diophantus
Member
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
Super Moderator
Do you think I would have recommended re-filing as an option if it would?
Diophantus
Member
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
Super Moderator
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
Member
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?
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
Super Moderator
Yes, try your senator’s office.
Diophantus
Member
I am thinking to include my previous denial and focus on that I am still in valid F1 student status and eligible to refile.
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
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
Super Moderator
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.
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?
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?
Attachments
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Sm1smom
Super Moderator
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.
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?
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?
onami
New Member
I m waiting for interview for 67 days. Just an information.
so I just got my bio letter tonight!
Sm1smom
Super Moderator
14 days of waiting is nothing. If you take a look at the Timeline spreadsheet, you’ll see at least one case from your FO that completed the process with a waived interview and how long the process took for them. Personally, I think requesting congressional assistance at this point is a waste of useful resources.
Hi Mom,
My medical examination RFE response was delivered on 8th of Aug to USCIS. I checked with Emma, and the agent mentioned that my case is with the Dallas Field Office and the last update was on August 10th. But they couldn't confirm if my evidence is reviewed yet maybe they only received it. Should I email the Field Office for an update, or is it time to contact a Senator or Congressman for assistance?
Thank you.
My medical examination RFE response was delivered on 8th of Aug to USCIS. I checked with Emma, and the agent mentioned that my case is with the Dallas Field Office and the last update was on August 10th. But they couldn't confirm if my evidence is reviewed yet maybe they only received it. Should I email the Field Office for an update, or is it time to contact a Senator or Congressman for assistance?
Thank you.
Hello, I still didn't receive any appointment for biometric and interview. Last action on my case is "fingerprint fee was received" on July 14th. I have created ticket on USCIS website last week. I requested tier2 call (im in non-urgent list). I also wrote to congressman. Is there anything else I can make to take attention to my case? Is there any approximate timing on Tier2 call back after such requests/tickets?
Hi, how did you request for tier2 call?