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DV 2023 AOS (Adjustment of Status) Only

Hi Mom,
We had to contact the congressman's office last Monday since we had not yet received our IL, and they were able to extract it from the USCIS and sent it to us via email. Finally, we also got our IL in the mail on Thursday, just a day before the Interview. We had requested for "Change of Address 2 months ago" in the USICS system (although same FO), but they still sent the IL to our old address, and USPS forwarded to our new one. The interview officer was also a little upset regarding the system, and he had called a day earlier on whether we have received our IL.
Our interview went well, and a few hours after the interview our status was changed to "New card is being produced". We'd like to thank you for helping us through this long and complicated process, and without your help it would not have been possible. We really appreciate it.
 
yusa1990 said:
Hi Mom,
We had to contact the congressman's office last Monday since we had not yet received our IL, and they were able to extract it from the USCIS and sent it to us via email. Finally, we also got our IL in the mail on Thursday, just a day before the Interview. We had requested for "Change of Address 2 months ago" in the USICS system (although same FO), but they still sent the IL to our old address, and USPS forwarded to our new one. The interview officer was also a little upset regarding the system, and he had called a day earlier on whether we have received our IL.
Our interview went well, and a few hours after the interview our status was changed to "New card is being produced". We'd like to thank you for helping us through this long and complicated process, and without your help it would not have been possible. We really appreciate it.
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Such great news! Congratulations and thanks for returning with the update.

If you could continue to add your updates to the Timeline spreadsheet, that would be great - as both pending and future AOSers can benefit from the data on the spreadsheet.
 
Sm1smom said:
Such great news! Congratulations and thanks for returning with the update.

If you could continue to add your updates to the Timeline spreadsheet, that would be great - as both pending and future AOSers can benefit from the data on the spreadsheet.
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Sure, I will update the spreadsheet. Thank you!
 
Hi @Sm1smom, last time after I sent my RFE to USCIS, they sent me a denial letter. I have attached the denial letter. What should be my best next step? Should I appeal or reapply? If I do reapply do I need to pay again and also submit again the medical report?
 

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If I was reapplying what should I say in 14, 15, 18, and 19? Do I need to explain that my AOS was denied early filing and is reapplying somewhere in the form I-485? I am thinking to write a brief letter explaining why I am reapplying and request to expedite the process. Normally what else will be changed in the I-485 form if I am reapplying?
 
rondon said:
@Diophantus @Sm1smom

Why did they terminate your F1 status? Did you use the AOS based EAD? This is pretty depressing to be honest! I was under the impression that AOS denial does not lead to termination of F1 status.
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I am in F1 status and I have a valid I-20 to defend my legal status. I talked with the attorney regarding this and he told me USCIS usually doesn't send a notice even if they send and asked to stand in immigration court we can show our valid I-20 and the hearing will also be closed. I think they haven't terminated my F1 status, they said they may issue a notice to stand in immigration court.
 
Diophantus said:
I am in F1 status and I have a valid I-20 to defend my legal status. I talked with the attorney regarding this and he told me USCIS usually doesn't send a notice even if they send and asked to stand in immigration court we can show our valid I-20 and the hearing will also be closed. I think they haven't terminated my F1 status, they said they may issue a notice to stand in immigration court.
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Did you apply for EAD based on AOS??
 
Diophantus said:
Hi @Sm1smom, last time after I sent my RFE to USCIS, they sent me a denial letter. I have attached the denial letter. What should be my best next step? Should I appeal or reapply? If I do reapply do I need to pay again and also submit again the medical report?
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I'm sorry to learn of your erroneous denial which really does not make any sense considering the IO was reference VAWA which a DV based AOS application has nothing to do with.

Option 1. A formal appeal 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 may want to consider visiting your FO to make an appeal in person and to encourage them to review the case because the denial is erroneous - some have successfully pursued this route in the past. You may also consider hiring a lawyer to go with you on this visit.

Option 2. Yes, you can reapply BUT the issue of your current status needs to be addressed first considering your denial letter indicates you're now out of status.
1. So, which status do you currently hold?
2. Did you have an approved AOS based EAD/AP which you you've utilized while your AOS application was pending?
 
Sm1smom said:
I'm sorry to learn of your erroneous denial which really does not make any sense considering the IO was reference VAWA which a DV based AOS application has nothing to do with.

Option 1. A formal appeal 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 may want to consider visiting your FO to make an appeal in person and to encourage them to review the case because the denial is erroneous - some have successfully pursued this route in the past. You may also consider hiring a lawyer to go with you on this visit.

Option 2. Yes, you can reapply BUT the issue of your current status needs to be addressed first considering your denial letter indicates you're now out of status.
1. So, which status do you currently hold?
2. Did you have an approved AOS based EAD/AP which you you've utilized while your AOS application was pending?
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Hello @Sm1smom thank you for your response. I am currently in F1 status with a valid I20. No, I don't have approved AOS-based EAD/AP. I just filled out form I-485.
Also, next, how can I make an appeal in person with Laywer? I found something called INFOPASS, does this route still works?
 
jdoe2 said:
I reported about it! None believed me. I told yaa
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Care to clarify who the "none" that did not believe you are? I was the only person that asked you in this post to back up your "there were lots of cases that were rejected for early filing" claim considering as at the time of that post, there was not a single reported DV2023 denial in this forum based on early filing. You think I'm not aware of possible case denial due to early filing, yet I put that warning all over the AOS Process Spreadsheet?

p.s. it is nice to show compassion/empathy to other people in their time of need. I find it quite distressing that your immediate response to someone whose case has just been unjustly denied was to jump on it and claim it as some sort of evidence. Your post appears as "gloating" over someone else's misfortune, just so you know.
 
Diophantus said:
I am in F1 status and I have a valid I-20 to defend my legal status. I talked with the attorney regarding this and he told me USCIS usually doesn't send a notice even if they send and asked to stand in immigration court we can show our valid I-20 and the hearing will also be closed. I think they haven't terminated my F1 status, they said they may issue a notice to stand in immigration court.
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That is good to know. Good luck man. Sorry this happened to you.
 
Diophantus said:
Hello @Sm1smom thank you for your response. I am currently in F1 status with a valid I20. No, I don't have approved AOS-based EAD/AP. I just filled out form I-485.
Also, next, how can I make an appeal in person with Laywer? I found something called INFOPASS, does this route still works?
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Have you continuously maintained your F1 status? You never dropped out of school? If yes, then no issue with your status, you can proceed with reapplying.

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).

An INFOPASS is being scheduled with an appointment, it is hard to come by. It can only be scheduled by a USCIS agent. You can try calling to explain your situation and see if they will be willing to schedule one for you.
 
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