Did you apply for EAD based on AOS??
DV 2023 AOS (Adjustment of Status) Only
- Thread starter Sm1smom
- Start date
Diophantus
Member
No I didn't.
Sm1smom
Super Moderator
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?
Wow, it scared me.
Diophantus
Member
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?
Sm1smom
Super Moderator
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.
That is good to know. Good luck man. Sorry this happened to you.
Sm1smom
Super Moderator
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.
Sm1smom
Super Moderator
You have no underlying petition. There is no applicable receipt number.
Diophantus
Member
Hello mom yes I have maintained my F1 status and have never dropped out of school. I will try to hire a local immigration attorney and also try to schedule an appointment with FO through emma live agent.
Sm1smom
Super Moderator
1. NO.
2. There's no need for an explanation. It is a fresh application on it's own, with no bearing on the previous denial.
Diophantus
Member
Do I need to include my current alien number in form I485?
Sm1smom
Super Moderator
Yes.
Sm1smom
Super Moderator
Yes, you will need to make the $1225 payment for the new application. And you will need to include a signed and sealed medical report. You can approach your CS to see if they will be willing to issue you with a new medical report (for a token payment) without undergoing the entire medical exam again.
Diophantus
Member
Do you think it will be a good idea to include a letter explaining that I am reapplying because of denial of early filling and request them to expediate my process?
Sm1smom
Super Moderator
You can if you like.
Diophantus
Member
Also a quick question, Is it ok if I refile my AOS application and also in the mean time try to meet FO with a lawyer with appointment through emma?
Sm1smom
Super Moderator
Well, it could work and could also backfire as in when you get to the FO, the IO might say you’ve already filed a new petition which they’re waiting to process anyways. So the decision to utilize both options at the same time is really your call.
p.s. it would be nice if you add your case data to the Timeline spreadsheet by the way - future AOSers could benefit from it.
Hi @Sm1smom,
Today I called USCIS. The interactive voice response system asked for a receipt number but gave me no update or allowed me to talk to an agent.
I think I have been patient enough and need to do something because I am freaking out, so my questions are:
1) Can I walk-in to the Application Support Center before I receive the biometric letter and/or ask them to schedule an appointment?
2) In case it is not possible, I have decided to submit my case. I checked the spreadsheet but could not find the difference between Representatives and Congress Person. Who should I contact?
@Everyone
When I chatted with Emma and then the Tier 1 agent, they asked me why I wanted to talk to a Tier 2 agent. Can you tell me what your reason was? Because I honestly don't think it is just a matter of luck, I think it is possible to get an appointment for some specific reasons, and I would like to know what "magic word" you used (online and/or when you called USCIS).
As always, thank you Mom for your help and assistance. And thank you to anyone who will be kind enough to help me (obviously included @Britsimon as well).
Today I called USCIS. The interactive voice response system asked for a receipt number but gave me no update or allowed me to talk to an agent.
I think I have been patient enough and need to do something because I am freaking out, so my questions are:
1) Can I walk-in to the Application Support Center before I receive the biometric letter and/or ask them to schedule an appointment?
2) In case it is not possible, I have decided to submit my case. I checked the spreadsheet but could not find the difference between Representatives and Congress Person. Who should I contact?
@Everyone
When I chatted with Emma and then the Tier 1 agent, they asked me why I wanted to talk to a Tier 2 agent. Can you tell me what your reason was? Because I honestly don't think it is just a matter of luck, I think it is possible to get an appointment for some specific reasons, and I would like to know what "magic word" you used (online and/or when you called USCIS).
As always, thank you Mom for your help and assistance. And thank you to anyone who will be kind enough to help me (obviously included @Britsimon as well).