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DV 2023 AOS (Adjustment of Status) Only

Sm1smom said:
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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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.
 
Diophantus said:
View attachment 4318View attachment 4319
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?
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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 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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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.
 
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?
 
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?
 
Diophantus said:
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?
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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).
 
AM7 said:
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).
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1. No you cannot complete the bio without the bio appointment notice. The ASC does not schedule the bio appointment, this is done centrally by NBC.
2. You can start with your House of Rep person.
 
Diophantus said:
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?
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I took another look at your denial notice. It states your RFE response mentioned the early filing memo, and the VB. The notice says nothing about the below information listed on their website:

“As soon as a monthly Visa Bulletin is published, anyone with a lower rank number than the rank cut-off number shown in Section C is eligible to file for adjustment of status. This provides lottery winners the opportunity to file for adjustment of status up to six or seven weeks before a visa number can actually be allocated. This gives USCIS additional time to determine your eligibility for adjustment of status before the end of the fiscal year.” (Include the website link where this is stated)."

Did you not include this rebuttal in your RFE response like I had recommended? Filing on June 15th puts you between the 6 to 7 weeks range before a visa can be allocated referenced on their website.
 
Hi MOM.
Since my fingerprints on July 12th, I haven't received any update.

I talked to a live agent today, and she said my case is still in NBC. I asked her if she could request NBC to send the case to the field office and she said she can't but she scheduled a Tier 2 call for further help. So

1. Is it possible that NBC still holds my application?
2. Can Tier 2 send a request to NBC to send my application to San Antonio FO?
3. Can Tier 2 schedule an in-person appointment for me in my FO? If so, how would it be possible to convince them to do so? Do you know any experience from other people?
4. What options a Tier 2 can offer in general?
5. Do background checks start after the fingerprints are taken or after the case has arrived to the filed office?

Thanks
 
Sm1smom said:
1. No you cannot complete the bio without the bio appointment notice. The ASC does not schedule the bio appointment, this is done centrally by NBC.
2. You can start with your House of Rep person.
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1) And I guess there is no way to contact NBC, right?
2) Ok, thank you. What should I write down?
3) Other than starting with my House of Rep person, is there anything else I can do?
4) I just read AliKar's post... Why is everyone else given the opportunity to be called back by the Tier 2 agent except me?
 
AliKar said:
Hi MOM.
Since my fingerprints on July 12th, I haven't received any update.

I talked to a live agent today, and she said my case is still in NBC. I asked her if she could request NBC to send the case to the field office and she said she can't but she scheduled a Tier 2 call for further help. So

1. Is it possible that NBC still holds my application?
2. Can Tier 2 send a request to NBC to send my application to San Antonio FO?
3. Can Tier 2 schedule an in-person appointment for me in my FO? If so, how would it be possible to convince them to do so? Do you know any experience from other people?
4. What options a Tier 2 can offer in general?
5. Do background checks start after the fingerprints are taken or after the case has arrived to the filed office?

Thanks
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1. It is not normal for the NBC to hold on to the case after the bio appointment has been scheduled. I do not believe your case is still at the NBC.
2. They can initiate case follow-up inquiry or submit an expedite request if they believe there's enough justification to do so.
3. Yes they can, if they believe there's enough justification to do so. You basically explain your situation and keep your fingers crossed.
4. See 2 & 3 above
5. Background check starts following bio completion.

If you compare your timeline with those from your FO, you will actually notice that your FO has a tendency to waive the interview and that your progress is actually on track compared with other cases from the same FO as you.
 
AM7 said:
1) And I guess there is no way to contact NBC, right?
2) Ok, thank you. What should I write down?
3) Other than starting with my House of Rep person, is there anything else I can do?
4) I just read AliKar's post... Why is everyone else given the opportunity to be called back by the Tier 2 agent except me?
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1. No.
2. Follow the instructions provided on your congress person's website.
3. Initiate that step first.
4. How am I supposed to know that? I was not on the call with you or the other folks, right?
 
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