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DV 2023 AOS (Adjustment of Status) Only

onami said:
We don't know they stopped granting visas for aos cases. Because they haven't denied anyone officially yet. On the contrary, they continue to approve it more verbally . I know verbal approval is nothing. But as far as I understand from this declaration they "can" issue visas more than cap according to their estimations. Maybe there will be a more understandable explanation.
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Technically speaking they also say "Having visas immediately available at the time of filing for Adjustment of Status" on their website. They also say the case must completed before September 30th. I don`t want to give false hopes but this is something they mention.
 
Vega2000 said:
It could have been 1017~1057 if they didn’t stop granting in September. I bet this year numbers are less than last year.
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Last year was unusually high at about 1440 because (probably) people were scared about consular processing delays.

They issued more than 56K DV2023 between CP and AOS, so it had to stop somewhere.
 
ebubekir said:
So, as far as I understand, after DOS announcement such that DV2023 visas have been concluded there is no cases getting denial because of this.
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Officially, I mean, on online status there is no denial case now. But they can deny all cases with one email suddenly because of DoS declaration of ending Dv2023. In my opinion they don't know what they will do these cases. Because if they have certain declaration that is coming from Dos for aos cases, they'd like to deny all cases on or before interview.
 
But my case got denied at afternoon after my interview,
Is there a chance that cases like us suddenly get approved?
What can do in this case? Is there any chance i can revoke my case’s decision?
 
onami said:
Officially, I mean, on online status there is no denial case now. But they can deny all cases with one email suddenly because of DoS declaration of ending Dv2023. In my opinion they don't know what they will do these cases. Because if they have certain declaration that is coming from Dos for aos cases, they'd like to deny all cases on or before interview.
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They already know what to do, they’ve been down this road before. USCIS already received the visa exhaustion notice from the DOS.
 
Sadaft92 said:
But my case got denied at afternoon after my interview,
Is there a chance that cases like us suddenly get approved?
What can do in this case? Is there any chance i can revoke my case’s decision?
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Unfortunately, there’s nothing you can do I’m sorry to say. You need to accept your fate and move on with your life. Some of those that still waiting are basically speculating and trying not to lose hope hope at this point, but the inevitable will still happen sadly to say.
 
Ahhh when I found out that I won, it was like I was reborn. I was so happy that I had never been so happy in my 34 years of life. I was waiting for my process in my country, my case number was not very high (143xx in the middle), I started waiting for an interview, but it was not coming. On May 12, I decided to come to the US and start my AOS process. In mid-June, I completed my documents and sent my file. At the beginning of August, I gave fingerprints. When there was no progress 2 weeks after fingerprinting, I tried to get the senator and congressman involved. It was August 16 and I still had not received an interview or my card was not in the printing stage. I immediately created an investigation. I waited for USCIS to get back to my case. I was calling and begging every day, I couldn't sleep at night. I was trying, trying, trying to file an expedite request. Finally, on August 28th, I was able to get my expedite request approved.

September 6 and September 7 were the most difficult days of my 34-year life. The process I had dreamed of for 1.5 years was said to be over and I could do nothing. Congressman returned and said that my case was finalized. He said that they would be notified in 1-2 days.

For 1.5 years, I added another dream to my dreams every day. Now I am waiting for my case to be dismissed. It will take me a long time to stand up because I have been dreaming of this for 34 years. I apologize to myself for not realizing my childhood dream. I did everything I could and more, but I failed.

I would like to thank everyone who shared their process. I congratulate everyone who received a GC and wish them goodness, happiness and health in their new lives.

To those who share my fate, I'm sorry!
 
Sm1smom said:
That sucks! Especially for you folks with the Brooklyn FO who have been waiting for several months. I'm sorry for this unfortunate outcome. All the best as you move on!
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I thank @sm1smon and all others for their grateful advice. All the information on this forum was very helpful indeed.
 
Sm1smom said:
Congratulations and thanks for the update. Did you inform the IO about your husband's case?

I wouldn't recommend your husband intentionally fall out of status at this point. Yes, I understand the associated cost of remaining in F1 status at this point with the potential of becoming a LPR shortly after the un-enrolment window closes is quite a lot. Your approval does not automatically guarantee his approval, so if he falls out of status now and his AOS application ends up not being approved before the end of the FY, you do realize he will need to depart from the US as a result? You will not be able to sponsor him while he is OOS as the OOS is not forgiven/overlooked for the non-USC spouses.
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Yes, I did inform IO. She just said he would have to wait for an interview.

Last week my husband received a letter for biometrics with a date of 21st September. Is there a reason my biometrics were waived but his wasn't? Should he email the field office and ask to have his biometrics waived too? He has had his biometrics taken twice at the Yakima Washington field office twice in 2021 and once in Mexico in 2022 for his F1.

We are just worried he won't be scheduled for an interview in time.
 
Dear @Sm1smom, dear @Britsimon,

I would like to share my situation with you and ask for your thoughts.

Unfortunately, I have received very bad news regarding my parents' health, and with the intention of leaving to be with them, I opened a case with my Congressman, providing all the medical documentation.
Until yesterday, the person handling my case told me that the response from the Field Office is that they are processing my case. I pointed out to her that, in my opinion, it's just an automated response, but what she said gave me the feeling that she has simply done what I have been doing so far, i.e. call the USCIS Contact Center. I believed, possibly in error, that they might pursue different and more direct avenues.
At this point today, still holding onto a glimmer of hope, I asked her if, given the urgency, it was advisable to also reach out to a Senator right away. However, she replied that if I do that, they will close my case. Now, I will wait for a new update from her tomorrow to see, but I have always heard that many people have opened multiple cases (with USCIS, with CIS Ombudsman, with Congressmen, with Senators), and even though I was discouraged by you Mom to do it, I never seemed to understand that one excludes the other.
The person in the office also told me that they can only send the documentation attesting the urgency, as they have already done, but they cannot make any requests to expedite my case. So, she suggested that I consult an attorney. Considering the urgency of my situation due to severe family health conditions, do you think it can make a difference, or is the exhaustion of visas an irrevocable condition, even in the face of a serious problem?

Another question: my F1 visa expired in November during the adjustment of status. Adhering to the rules, I continued to diligently attend classes with excellent grades, so I am still in status. What happens now? I don't know if I will stay, but F1 is a nonimmigrant visa. Having declared my intention to live here through the DV program, could I still remain with an expired visa while maintaining my I-20 and attending classes as I have been doing so far? If, on the other hand, I decide to leave to be with my parents, I know I won't be able to return. However, will participating in the DV Lottery affect my ability to request any other nonimmigrant visa in the future?

Thank you for your continue support.
 
A.E said:
Yes, I did inform IO. She just said he would have to wait for an interview.

Last week my husband received a letter for biometrics with a date of 21st September. Is there a reason my biometrics were waived but his wasn't? Should he email the field office and ask to have his biometrics waived too? He has had his biometrics taken twice at the Yakima Washington field office twice in 2021 and once in Mexico in 2022 for his F1.

We are just worried he won't be scheduled for an interview in time.
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Quite interesting it took you about two weeks to respond to my post/question. You seriously mean you’ve not been following the discussions on this thread and are subsequently not aware of the recent new developments about visa exhaustion from around one week ago?

Anyway, no you cannot send in a request for bio request waiver. USCIS has the discretion to re-use or not re-use recent biometrics completed from within the US. Your husband’s 2022 bio taken at an embassy cannot be used for the AOS process.

And for his sake, I hope he has not dropped out of school just like I advised him to not do two weeks ago.
 
AM7 said:
Dear @Sm1smom, dear @Britsimon,

I would like to share my situation with you and ask for your thoughts.

Unfortunately, I have received very bad news regarding my parents' health, and with the intention of leaving to be with them, I opened a case with my Congressman, providing all the medical documentation.
Until yesterday, the person handling my case told me that the response from the Field Office is that they are processing my case. I pointed out to her that, in my opinion, it's just an automated response, but what she said gave me the feeling that she has simply done what I have been doing so far, i.e. call the USCIS Contact Center. I believed, possibly in error, that they might pursue different and more direct avenues.
At this point today, still holding onto a glimmer of hope, I asked her if, given the urgency, it was advisable to also reach out to a Senator right away. However, she replied that if I do that, they will close my case. Now, I will wait for a new update from her tomorrow to see, but I have always heard that many people have opened multiple cases (with USCIS, with CIS Ombudsman, with Congressmen, with Senators), and even though I was discouraged by you Mom to do it, I never seemed to understand that one excludes the other.
The person in the office also told me that they can only send the documentation attesting the urgency, as they have already done, but they cannot make any requests to expedite my case. So, she suggested that I consult an attorney. Considering the urgency of my situation due to severe family health conditions, do you think it can make a difference, or is the exhaustion of visas an irrevocable condition, even in the face of a serious problem?

Another question: my F1 visa expired in November during the adjustment of status. Adhering to the rules, I continued to diligently attend classes with excellent grades, so I am still in status. What happens now? I don't know if I will stay, but F1 is a nonimmigrant visa. Having declared my intention to live here through the DV program, could I still remain with an expired visa while maintaining my I-20 and attending classes as I have been doing so far? If, on the other hand, I decide to leave to be with my parents, I know I won't be able to return. However, will participating in the DV Lottery affect my ability to request any other nonimmigrant visa in the future?

Thank you for your continue support.
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Your post is so accusatory and full of blames such that I’m not even sure where to start from. I therefore will not bother to address the erroneous first section of the post, while I try to keep my response to your actual questions simple.

1. Your personal situation or the urgency surrounding it makes no difference to visa exhaustion.

2. You remain in status for as long as your I-20 remains valid (such as you have not undertaken unauthorized employment, or utilized an AOS based EAD for work, or stopped attending classes as required), regardless of visa stamp expiration. Yes, your declared immigrant intent could prevent the approval of a new NIV, unless you can convincingly demonstrate to the embassy the immigrant intent no longer exists.
 
Sm1smom said:
Quite interesting it took you about two weeks to respond to my post/question. You seriously mean you’ve not been following the discussions on this thread and are subsequently not aware of the recent new developments about visa exhaustion from around one week ago?

Anyway, no you cannot send in a request for bio request waiver. USCIS has the discretion to re-use or not re-use recent biometrics completed from within the US. Your husband’s 2022 bio taken at an embassy cannot be used for the AOS process.

And for his sake, I hope he has not dropped out of school just like I advised him to not do two weeks ago.
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So sorry mom! I totally dropped the ball!!!

I have not been monitoring the forum as I had that trip to Puerto Rico planned and I honestly havent had much time to jump on my laptop.
My husband has been texting me updates about his situation, and was starting to panic and I've only just gotten downtime.

Just caught up with the visa exhaustion problem. That's so awful for everybody!!! What a nightmare.!!!

Am I able to apply for AOS for my husband now that I have my card? Yes he ended up staying at school.
 
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