Sm1smom
Super Moderator
Interesting. Can you expand on why you think they should consider spending an additional $675/per person for an I290B Motion to appeal what?
DV 2023 AOS (Adjustment of Status) Only
- Thread starter Sm1smom
- Start date
mtb
New Member
Thank you Mom.
I studied the reply from USCIS and they are right. Diophantus applied as if he was in the ASIA region but his DV Entrance is Nepal (Asia). In the visa bulletin for June, Nepal did not had the cut of number in neither of the sections for Diophantus to qualify to file for the AOS when he did
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Sm1smom
Super Moderator
The OP earlier on posted that their CN was AS20XXX chargeable to Nepal. If the OP’s CN was under 20,500 chargeable to Nepal, then they were eligible to file when they did based on early filing and shouldn’t have been denied.
So do you have insight or know the full range of the OP’s CN to make you come to the conclusion that their CN was not eligible for early filing when they did?
Diophantus WAS indeed eligible for filing at the time he did. His CN was in the range of 201XX if I remember correctly. I was paying close attention because my FO is detroit as well. AS201XX (nepal) was to become current in August, and the advanced notification section of the July VB (published in June) does show his CN was to be current in August. He utilized early filing, and his IO erroneously denied his AOS, which is unfortunate and sad.
I think the confusion comes from the fact that Nepal is treated in a separate column in the Visa Bulletin. In June's bulletin the visa availability cut off for Asia was 18750 -> EXCEPT Iran: 10,000 Nepal 17,775. In section C of the same bulletin the July cut off numbers were Asia 21000 EXCEPT: Iran 12500, Nepal 19,400. Diophantus applied in June with a Nepal number of 20186. If he would not have been from Nepal that would have been great but he applied for DV on behalf of Nepal and that got him ineligible for filing in June. He should have just refilled it again in July when the opening for August included his number. He filed to early in June
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His number was over 20k, 20186. Nepal is treated differently in the bulletin. Iran and Nepal have different cut offs than the rest of Asia. Check it out in the bulletin. I was confused too. I Africa there are 3 countries treated differently: Algeria, Egypt, Morocco and they have different cut off numbers than the entire Africa region. Same in Europe with Russia & Uzbekistan. Same in Asia with Iran & Nepal. He filled in June 15th when this number of visa was not eligible for filing because he was from Nepal
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Sm1smom
Super Moderator
You assume I'm not aware of the fact that Nepal is/was under the exception range for the AS Region? I guess you have no idea as to how long I've been looking at VBs or guiding selectees through the DV process.
What you're calling the June VB (going by the numbers you've listed above) is actually the May VB. That VB was released on May 4 (scroll to the bottom of the VB to see the release date), it has numbers for the current month of June and the advanced month of July. I figure you're getting confused by the title of that VB because it says "June VB", it actually is the May VB because section B. of that VB deals with cases current in May, and section C is the advanced notification section for the month of June.
The actual June VB (titled July VB was released on June 2 - again scroll to the bottom of the VB to see the date) shown by the numbers in the below screenshot made the OP eligible to file in June when they did based on early filing allowance, (that is the VB the OP relied on to send out the AOS package, not the May VB which you've been looking at and quoting above).
wow. I was really really wrong in reading the dates and numbers.
I hope it is clearer now! BTW, I am from Nepal, so I am all aware of these.
sm1mom,
Do you know the right course of action to take if you submitted your
I-485package to the Phoenix,AZ before the cut off date of Sept 30, 2023 and one hasn't yet heard from USCIS? No notice of receipt even when you included Form G-1145.
What is the best means to contact USCIS to enquire about application in a situation like this?
Thanks
Do you know the right course of action to take if you submitted your
I-485package to the Phoenix,AZ before the cut off date of Sept 30, 2023 and one hasn't yet heard from USCIS? No notice of receipt even when you included Form G-1145.
What is the best means to contact USCIS to enquire about application in a situation like this?
Thanks
Xarthisius
Well-Known Member
Are you DV23 selectee? When did you submit exactly?
Update: I see that you're DV23. If your payment hasn't been cashed yet, I'd start by contacting your bank and asking for a stop payment order to prevent USCIS from erroneously processing your application. If they accidentally don't reject your application, as they should now that FY23 is over, you won't be able to get your fees back.
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Sm1smom
Super Moderator
Precisely when did you send in the AOS package?
Sm1smom
Super Moderator
You sent in your package on Sept. 26th??? Have you not been reading the posts from the last couple of pages on this thread? I’m sorry to have to say this, but have you been living under a rock or something?! Visas for DV 2023 were exhausted as far back as Sept 6th/7th - meaning pending applications (those already received) were no longer being approved as from that day and you decided to file on Sept. 26?
Even in a normal year (where visas were not exhausted), waiting until the last week of September to file is a guaranteed denial since there’s no way the case can be approved on or before September 30th. So the issue you’re facing now is not that of not receiving any update from USCIS barely one week after filing, it is that of having wasted your money and resources unless you’re able to stop the payment you sent with your package from being processed by your financial institution. DV2023 is over - if you’re fortunate enough for the Lockbox to notice this, they will reject and send back your package. If they fail to notice the FY you’re filing under is over and end up accepting the package, the application will eventually be denied when it gets to your field office. Considering you’ve been on this forum since January, you should have known better than to send your AOS in the last week of your applicable FY!
Even in a normal year (where visas were not exhausted), waiting until the last week of September to file is a guaranteed denial since there’s no way the case can be approved on or before September 30th. So the issue you’re facing now is not that of not receiving any update from USCIS barely one week after filing, it is that of having wasted your money and resources unless you’re able to stop the payment you sent with your package from being processed by your financial institution. DV2023 is over - if you’re fortunate enough for the Lockbox to notice this, they will reject and send back your package. If they fail to notice the FY you’re filing under is over and end up accepting the package, the application will eventually be denied when it gets to your field office. Considering you’ve been on this forum since January, you should have known better than to send your AOS in the last week of your applicable FY!
@Sm1smom wondering if you ever personally analyze how each DV year goes for the AOS applicants and summarize it towards end of each fiscal year. I understand that cases differ to the point where it’s hard to identify trends. Yet helping people for so many years, is there anything you noticed this year that was unique or different in anyway ~ say regarding the questions asked on this forum or the process itself.
Sm1smom
Super Moderator
Precisely what kind of trend are you interested in learning about?
Generally curious if you see any remarks about this year in general that may stand out to you. Any unusual cases, any changes to the number of AOS applications etc. Anything you would deem important to call out for next year applicants. Hence I can’t be specific about the question…
Sm1smom
Super Moderator
You’re basically asking me to tell you how long is a piece of string. I can’t be specific with a response either if you can’t be specific. The best response I can provide you with is to guide you towards some of the past Timeline spreadsheets (hopefully you’re aware of those?), and the DV Tracker Unique Cases spreadsheet. You can review those two tools and come up with your own analysis.
oliaileiko
New Member
Good morning to everyone .
I have a quick question : we are DV Lottery winners , and we are currently in USA . We sent our AOS to USCIS almost a month ago for an early birds filling and yesterday we received back all our documents because we made a mistake in form I 601 ( vaccination waiver for our little daughter ) . Immigration officer asked us to re-fill the latest version of this form and resend all docs again . But we just noticed that envelopes with our medical exam is opened and the copy of them is stamp with a date and case number by immigration . Do we need to send this copy again but without envelope ? Or they already kept our medical in USCIS ? Or we need to go to our MD again and ask for a new copy in the envelope ? Don’t know what to do , that the only thing that we don’t know how to deal with ..
please help
I have a quick question : we are DV Lottery winners , and we are currently in USA . We sent our AOS to USCIS almost a month ago for an early birds filling and yesterday we received back all our documents because we made a mistake in form I 601 ( vaccination waiver for our little daughter ) . Immigration officer asked us to re-fill the latest version of this form and resend all docs again . But we just noticed that envelopes with our medical exam is opened and the copy of them is stamp with a date and case number by immigration . Do we need to send this copy again but without envelope ? Or they already kept our medical in USCIS ? Or we need to go to our MD again and ask for a new copy in the envelope ? Don’t know what to do , that the only thing that we don’t know how to deal with ..
please help