DV 2023 AOS (Adjustment of Status) Only

[Sm1smom]

My AOS package got returned and they ask me to send with new version of I-485 which was released on December 23rd to a contact center address of USCIS, I prepared and sent docs just before that, is it something to worry about ? do I need to to do anything else then just replacing the form ?
They returned the packet with all docs except they did not returned the medical (I-693) ... are they holding my packet for just the new form ?
I am worried if I need to undergo the medical process once again (which was a nightmare)

It is rather strange that your package got returned without your medical report. Everything usually gets returned when the package is rejected AFAIK. Does the rejection notice confirm they have your medical report with them (your attachment is too tiny, I'm unable to see what you posted). It is possible they might have misplaced the medical report. You can approach your CS and request they issue you with a new copy of your medical report (let them know USCIS misplaced the previous copy they gave you) - most are usually willing to do so with a small fee payment. Fill out the new I-485 and resend the entire package.

 

[Sm1smom]

Thanks for your response. Based on this response, I would like to ask two follow-up questions.

1. Is it okay to get 2NL without DS 260, or submitting DS 260 itself will benefit me somehow (for example, is something that the officer will ask me on the interview day about it)?

Because what I understand from DS 260 submission is that it is the main trigger for 2NL. However, it seems only paying the DV fee (without DS 260) and waiting (my CN won't be current soon) may trigger the 2NL. So I am thinking of just paying the fee right now and wait (And in the case scenario of not getting the 2NL after a long enough period, I submit DS 260).

2. I can access it now through their website. However, when I want to print the i-94 form, there is an expiration at the bottom of the page. For example, I tried it today, and the expiration was until the end of January 2023. Thus, if I download it today, it will have expired by the time I want to file my case. Is it okay to send them an expired i-94?

Thanks for your time in advance.

1. Please take a look at the AOS FAQ section of the AOS Process spreadsheet for applicable answers to similar questions already addressed there.
2. Considering the I-94 used to be paper issued a couple of years back (meaning there are people who only have the paper version issued to them years ago), whatever expiration date you see at the bottom of is irrelevant. The most important thing about an I-94 is what it says about how long you are authorized to stay in the US. What does it say about your authorized stay?

 

[AliKar]

1. Please take a look at the AOS FAQ section of the AOS Process spreadsheet for applicable answers to similar questions already addressed there.
2. Considering the I-94 used to be paper issued a couple of years back (meaning there are people who only have the paper version issued to them years ago), whatever expiration date you see at the bottom of is irrelevant. The most important thing about an I-94 is what it says about how long you are authorized to stay in the US. What does it say about your authorized stay?

Thanks
1. for my first question, I would like to kindly rephrase my question as I did not find the answer to this or a similar question in the FAQ. My point is that if someone gets the 2NL just by paying the DV fee, it is enough for him/her and there is no need to think about DS 260 submission. Is my understanding correct?

2. It is D/S as I am on F1 Visa.

Thanks in advance for your time to reply to my question.

 

[Ferd]

I'm not sure what you mean by you're "going with AOS process using 245i"

The steps you need to take are well laid out on the AOS Process Spreadsheet. I suggest you take another look at it, the "AOS Process" tab/section of that spread has steps 1-19 - this is basically a step by step guide of what you need to do, or what should happen when. You should spend a bit more time reviewing it for your own good.

 

[Ferd]

Thanks sm1smom,
By AOS Process using 245i I mean I'm DV2023 Selectee applying for AOS using INS 245i filed earlier and grandfathered.
I will look through the spreadsheet again, and will get back to you with any further questions . Thanks

 

[Sm1smom]

Thanks
1. for my first question, I would like to kindly rephrase my question as I did not find the answer to this or a similar question in the FAQ. My point is that if someone gets the 2NL just by paying the DV fee, it is enough for him/her and there is no need to think about DS 260 submission. Is my understanding correct?

2. It is D/S as I am on F1 Visa.

Thanks in advance for your time to reply to my question.

1. I would think the following are similar to your question (IMHO, the answers to those questions are pointers to your question):

Must I submit the DS260 if I'm processing AOS? Is this form required?

DS260 form submission is not a 'must' form. You don't have to submit it if you don't feel like doing so. However we do recommend its submission

I do not plan on submitting the DS260 form. Will I get my 2NL?

DS260 form submission is what typically triggers the AOS based 2NL (DS260 form informs KCC of your plan to process AOS, KCC responds by sending an email (with DV administrative fee payment instructions attached) acknowledging their awareness of your AOS process decision). If you choose to not submit the DS260 form, you may still get an email acknowledging KCC's awareness of your plan to process AOS after you've made the DV administrative fee payment - this is your 2NL. If you end up not getting the 2NL (after making the DV Administrative fee payment, don't stress over its absence).

Can I submit my AOS package without the 2NL? Will I be penalized for not having the 2NL?

Yes you can submit the AOS package without the 2NL. No, you will not be penalized for not having the 2NL.

2. If the I-94 shows your authorized stay as D/S, then that's all that matters.

 

[AliKar]

1. I would think the following are similar to your question (IMHO, the answers to those questions are pointers to your question):

Must I submit the DS260 if I'm processing AOS? Is this form required?

DS260 form submission is not a 'must' form. You don't have to submit it if you don't feel like doing so. However we do recommend its submission

I do not plan on submitting the DS260 form. Will I get my 2NL?

DS260 form submission is what typically triggers the AOS based 2NL (DS260 form informs KCC of your plan to process AOS, KCC responds by sending an email (with DV administrative fee payment instructions attached) acknowledging their awareness of your AOS process decision). If you choose to not submit the DS260 form, you may still get an email acknowledging KCC's awareness of your plan to process AOS after you've made the DV administrative fee payment - this is your 2NL. If you end up not getting the 2NL (after making the DV Administrative fee payment, don't stress over its absence).

Can I submit my AOS package without the 2NL? Will I be penalized for not having the 2NL?

Yes you can submit the AOS package without the 2NL. No, you will not be penalized for not having the 2NL.

2. If the I-94 shows your authorized stay as D/S, then that's all that matters.

Noted with thanks Mom!

 

[H2bber]

Hey guys, I am close to my AOS interview and I was wondering if anyone did their interview without the original birth certificate, university degree and high school diploma? Would the copy be enough?
The reason is that these are my most important documents and I do not want my parents to mail it if it's not 100% necessary.
Any experience?

 

[Sm1smom]

Hey guys, I am close to my AOS interview and I was wondering if anyone did their interview without the original birth certificate, university degree and high school diploma? Would the copy be enough?
The reason is that these are my most important documents and I do not want my parents to mail it if it's not 100% necessary.
Any experience?

I guess you’ll need to decide if those documents are more important that the GC. The expectation is for an applicant to attend their interview with the original version of all the documents they submit with their package. I suggest you take a look at the I485 instructions where it says:
“We may also request that you provide the originals of any copies you submit. If USCIS or the Immigration Court requests an original document from you, it will be returned to you after USCIS or the Immigration Court determines it no longer needs your original.”

FYI: we’ve had reports of grad students being required to present the original copy of their HS diploma - the IO withheld approval until they returned to the FO with the original copy of the HS Diploma, even though the applicants had US graduate Diplomas on hand. Take a look at the DV Tracker Spreadsheet - see my signature for the link - you should be able to find at least one documented instance of the IO requesting to see the original document.

 

[Jarsh]

I double checked the returned package, they have stapled it in a bundle and my medical report is also there but its opened out, so do I need to get it again in sealed envelope or I just send the new version of I-485 with the stapled packet ?

It is rather strange that your package got returned without your medical report. Everything usually gets returned when the package is rejected AFAIK. Does the rejection notice confirm they have your medical report with them (your attachment is too tiny, I'm unable to see what you posted). It is possible they might have misplaced the medical report. You can approach your CS and request they issue you with a new copy of your medical report (let them know USCIS misplaced the previous copy they gave you) - most are usually willing to do so with a small fee payment. Fill out the new I-485 and resend the entire package.

 

[mohammedm]

Hey Mom,
My college provides Covid-19 relief funds (HEERF). 1.Are those funds counted as a public charge? 2. They will affect me in anyway if I receive them while adjusting my status?

 

[Sm1smom]

I double checked the returned package, they have stapled it in a bundle and my medical report is also there but its opened out, so do I need to get it again in sealed envelope or I just send the new version of I-485 with the stapled packet ?

Just the new form with the stapled packet (without the old form, of course).

 

[Jarsh]

Just the new form with the stapled packet (without the old form, of course).

Oh so medical report in sealed envelope is not needed again ?

 

[Jarsh]

1. Stapled packet has everything stapled including the I-797 rejection letter on top, and below it there is a green paper as attached which says to place it on top, so do I take out the I-797 from the top so that this green paper is on top ?

2. The stapled packet has the old form also stapled as you suggest without it should I tear it or cross it with pen (just worried not to move anything from it)

 

[Sm1smom]

Hey Mom,
My college provides Covid-19 relief funds (HEERF). 1.Are those funds counted as a public charge? 2. They will affect me in anyway if I receive them while adjusting my status?

I don't know, it is kind of like a grey area AFAIK. In this situation, I personally wouldn't apply for it unless I'm in great need of it (as in I wouldn't be able to survive without it).

 

[Sm1smom]

Oh so medical report in sealed envelope is not needed again ?

Correct.

 

[Sm1smom]

1. Stapled packet has everything stapled including the I-797 rejection letter on top, and below it there is a green paper as attached which says to place it on top, so do I take out the I-797 from the top so that this green paper is on top ?

2. The stapled packet has the old form also stapled as you suggest without it should I tear it or cross it with pen (just worried not to move anything from it)

Remove the old I-485 like I already stated. The green paper needs to be on top of the new package. The I-797 rejection letter is for your personal records, so you need to remove it also.

 

[Jarsh]

Remove the old I-485 like I already stated. The green paper needs to be on top of the new package. The I-797 rejection letter is for your personal records, so you need to remove it also.

Okay for removing the old form and making a new package I need to open the staple and insert the new form, so do I need to put the sticky tags etc again from scratch ...

 

[Sm1smom]

Okay for removing the old form and making a new package I need to open the staple and insert the new form, so do I need to put the sticky tags etc again from scratch ...

Don’t staple the package, they prefer for the documents to not be stapled. They only stapled them when sending back as a rejected package to ensure everything they received got returned. I don’t know what you mean by putting the sticky tags again from scratch.

 

[Jarsh]

I sent the pack having small stickers having names of each documents, but while stapling they took out all tags and put them all on one sheet ...
So now I need to take out there staple and re-send them again with new I-485 with new tags ...

In a way resending from scratch including the green paper ...