DV 2024 AOS (Adjustment of Status) Process Only

[legacy1]

1. It depends on your CS. They may not be willing to simply give you a new copy of the medical report. This is business for them.
2. There’s no requirement to add copies of vaccine records to the AOS package. The CS lists the vaccines taken on the I-639 itself.
3. I already explained what I deem to be your only viable option. At least that is the only route I would follow if this was my case and I’m facing a clock countdown. You however may explore the other options if you like.

sorry mom, I know this is too many messages but I'm so stressed now and I need any need I can get I hope I'm not overwhelming you.

1. I will reach out to CS tomorrow and ask if they can simply give me the same package. I can pay for it again. I just need to save any time I can save. My understanding is the date on the medical exam forms does not matter anymore so the exact same envelope will work for the new application. Please correct me if I'm wrong.
2. Sorry for not being clear on this. I meant the vaccines were added to the medical exam sealed envelope by CS. Since I cannot take the same shots again, I think they can just add the copies of them to the new medical exam envelope.
3. Do you know if there was anyone who had a denial because of early filing and made it work thru motion to reconsider in the past? I know the best option at this point is to file a new application since that is my only chance to maintain my authorized stay if it is received on time but it would be great to know (in case you have any experience) if a motion to reconsider for the denied case would harm the new application in any ways. If they are considered separately, I can try to reach out to USCIS and explain about the reason why I filed it early.

Many thanks!

 

[legacy1]

I’m guessing you missed this post discussing that early filing is now in the policy manual.

thank you Susie, very helpful. I believe 1 and 2 in the link refers to the advance notification and it says that I can file an adjustment application based on the advance notification chart (where the cut-off number for my region EU is above my case number, which makes me eligible to file in advance).

Just to be on the safe side though, do any of you have the copy of the previous early filing memo, in case I decide to go through motion to reconsider. Any experience you may know regarding this would be greatly appreciated. Thank you.

 

[2024 Houston]

thank you Susie, very helpful. I believe 1 and 2 in the link refers to the advance notification and it says that I can file an adjustment application based on the advance notification chart.

Just to be on the safe side though, do any of you have the copy of the previous early filing memo, in case I decide to go through motion to reconsider. Any experience you may know regarding this would be greatly appreciated. Thank you.

 

[Sm1smom]

sorry mom, I know this is too many messages but I'm so stressed now and I need any need I can get I hope I'm not overwhelming you.

1. I will reach out to CS tomorrow and ask if they can simply give me the same package. I can pay for it again. I just need to save any time I can save. My understanding is the date on the medical exam forms does not matter anymore so the exact same envelope will work for the new application. Please correct me if I'm wrong.
2. Sorry for not being clear on this. I meant the vaccines were added to the medical exam sealed envelope by CS. Since I cannot take the same shots again, I think they can just add the copies of them to the new medical exam envelope.
3. Do you know if there was anyone who had a denial because of early filing and made it work thru motion to reconsider in the past? I know the best option at this point is to file a new application since that is my only chance to maintain my authorized stay if it is received on time but it would be great to know (in case you have any experience) if a motion to reconsider for the denied case would harm the new application in any ways. If they are considered separately, I can try to reach out to USCIS and explain about the reason why I filed it early.

Many thanks!

1. Again it all depends on your CS at this point. They may be willing to fill out another set of forms for you (and charge for it of course), or they may insist on you completing the exam all over. The ball is in their court.
2. The CS shouldn’t have added those with the medical report, the original documentation are for your personal records. They just needed to have sighted them and subsequently added the info on the medical report. Anyway, it doesn’t matter anymore what they did at this point. You have the copies which you can always present again if needed.
3. Motion to reconsider takes several months to process, (roughly about 9 months on average), could even take over one year. It is not an option I’ve ever recommended for DV based AOS cases, so even if you’re not about to run out of status, it most likely wouldn’t work for you considering the FY ending is also around the corner. Which is why I was upfront with you from the very beginning by recommending you immediately file a new application.

 

[legacy1]

1. Again it all depends on your CS at this point. They may be willing to fill out another set of forms for you (and charge for it of course), or they may insist on you completing the exam all over. The ball is in their court.
2. The CS shouldn’t have added those with the medical report, the original documentation are for your personal records. They just needed to have sighted them and subsequently added the info on the medical report. Anyway, it doesn’t matter anymore what they did at this point. You have the copies which you can always present again if needed.
3. Motion to reconsider takes several months to process, (roughly about 9 months on average), could even take over one year. It is not an option I’ve ever recommended for DV based AOS cases, so even if you’re not about to run out of status, it most likely wouldn’t work for you considering the FY ending is also around the corner. Which is why I was upfront with you from the very beginning by recommending you immediately file a new application.

Thank you so much! Motion to reconsider is not a good idea then given the time it will take. Your answers are always very helpful and I can't express how grateful I am. Thank you again.
Just wanted to ask, do you know if IO can just change the decision if I manage to reach out to them (maybe through an infopass, or have them call me to through emma's help). I beg your pardon if I'm asking for the same thing, I'm just very worried. Probably there is no such thing but I just want to make sure I exhaust any option I can try while waiting for the new application.

Also, I wanted to express my appreciation to @SusieQQQ and @2024 Houston for your immediate help!

 

[Life4]

So the RFE says the brief explanation you wrote regarding Qs 49 & 55 on your I485 are not enough. They need you to provide more detailed information about your past military experience. They’ve requested for you to provide a written, signed, dated, and notarized statement explaining your military service and weapons training received, including details of weapons you were trained to use, and if you were in active combat. They also want you to list your rank, role, and combat location.

I think the RFE is straightforward enough. Respond and provide the detailed information which they’ve requested.

Thanks mom.My husband never served in active combat or not member of the Armed Forces.He only completed his compulsory military with basic training.I will write the information which they’ve requested .And I have a document which writes that he finished his military.Also I am thinking to attach it.Is it true to attach?
Which one is more true?Writing in my native language( Turkish )and then translete .Or directly in English.And I will notarize all pages .
Which way is true to send by proof mail or upload to my account or do I have a chance to give personally by going FO?
Thanks so much!

 

[Sm1smom]

Thank you so much! Motion to reconsider is not a good idea then given the time it will take. Your answers are always very helpful and I can't express how grateful I am. Thank you again.
Just wanted to ask, do you know if IO can just change the decision if I manage to reach out to them (maybe through an infopass, or have them call me to through emma's help). I beg your pardon if I'm asking for the same thing, I'm just very worried. Probably there is no such thing but I just want to make sure I exhaust any option I can try while waiting for the new application.

Also, I wanted to express my appreciation to @SusieQQQ and @2024 Houston for your immediate help!

There have been a couple of reversed early filing case denials in the past based on either the applicant being able to visit the FO in person and plead their case, or being able to contact the FO through congressional case inquiry/assistance. Take a look at the DV Unique tracker spreadsheet where some of these case have been listed for reference.

 

[Sm1smom]

Thanks mom.My husband never served in active combat or not member of the Armed Forces.He only completed his compulsory military with basic training.I will write the information which they’ve requested .And I have a document which writes that he finished his military.Also I am thinking to attach it.Is it true to attach?
Which one is more true?Writing in my native language( Turkish )and then translete .Or directly in English.And I will notarize all pages .
Which way is true to send by proof mail or upload to my account or do I have a chance to give personally by going FO?
Thanks so much!

So your husband should go ahead and address the specific information which they listed in the RFE. He should date and sign it in front of a notary. If he did not receive any type of weapon training, he should be very clear with the type of training he received. Since he has his discharge document, he should have included a copy of it with his AOS package, considering the AOS process spreadsheet did say it wouldn’t hurt to include such documents. The statement should be clearly written in English, there’s no point writing it in your native language and then translating it, the statement is not an official document issued by a government body. Yes, include a copy of the discharge document as part of your response to the RFE. And if that document is in your native language, get it translated and include a certified translation also.

Do both. Scan and upload the documents. Then mail out the documents also with proof of delivery for your personal records. You can also try submitting in person, I don’t know if you’ll be allowed into the FO or not.

 

[Life4]

So your husband should go ahead and address the specific information which they listed in the RFE. He should date and sign it in front of a notary. If he did not receive any type of weapon training, he should be very clear with the type of training he received. Since he has his discharge document, he should have included a copy of it with his AOS package, considering the AOS process spreadsheet did say it wouldn’t hurt to include such documents. The statement should be clearly written in English, there’s no point writing it in your native language and then translating it, the statement is not an official document issued by a government body. Yes, include a copy of the discharge document as part of your response to the RFE. And if that document is in your native language, get it translated and include a certified translation also.

Do both. Scan and upload the documents. Then mail out the documents also with proof of delivery for your personal records. You can also try submitting in person, I don’t know if you’ll be allowed into the FO or not.

Thank you again

 

[legacy1]

There have been a couple of reversed early filing case denials in the past based on either the applicant being able to visit the FO in person and plead their case, or being able to contact the FO through congressional case inquiry/assistance. Take a look at the DV Unique tracker spreadsheet where some of these case have been listed for reference.

Thank you Mom. Since I'm filing a new application due to the denial, I was thinking to print the same I-485 as it is currently filled out and it has an expiry date of 2/28/2026 with an edition date 2/21/2023.




However, I realized there is a newer I-485 with the edition date 4/1/2024. Should I fill out the new one or can I still use the existing one since its expiry date and the OMB numbers are the same.
New I-485:

 

[Sm1smom]

Thank you Mom. Since I'm filing a new application due to the denial, I was thinking to print the same I-485 as it is currently filled out and it has an expiry date of 2/28/2026 with an edition date 2/21/2023.

View attachment 4766

View attachment 4768
However, I realized there is a newer I-485 with the edition date 4/1/2024. Should I fill out the new one or can I still use the existing one since its expiry date and the OMB numbers are the same.
New I-485:
View attachment 4769
View attachment 4770

You need to use the current form with the 04/01/24 edition date.

 

[quiethare]

You need to use the current form with the 04/01/24 edition date.

Hi Mom,

I submitted by Application on 04/12/2024 and I used 2/21/2023 edition form. Is that going to be a problem? I wasn't aware about the new edition of form as i was only only looking the expiry date.

 

[Sm1smom]

Hi Mom,

I submitted by Application on 04/12/2024 and I used 2/21/2023 edition form. Is that going to be a problem? I wasn't aware about the new edition of form as i was only only looking the expiry date.

You package already got accepted, which means the form was acceptable at the time of filing.

 

[GZ96]

Thank you Mom. Since I'm filing a new application due to the denial, I was thinking to print the same I-485 as it is currently filled out and it has an expiry date of 2/28/2026 with an edition date 2/21/2023.

View attachment 4766

View attachment 4768
However, I realized there is a newer I-485 with the edition date 4/1/2024. Should I fill out the new one or can I still use the existing one since its expiry date and the OMB numbers are the same.
New I-485:
View attachment 4769
View attachment 4770

We have the same FO (Fairfax VA) and I also applied with early filing in May (though I did include the early filing memo). I am sorry you are going through this, I am just commenting to have a record in the forum of two people filing early at the same FO and see what happens now I guess. Good luck!

 

[rondon]

Hi Sm1smom and friends,

Tested positive for latent TB, chest x-ray is fine. Should we be concerned?

Thanks

So Class b TB. The CS is required to report this to the health department. But this is not grounds of inadmissibility.
I hope you have started your medication.

 

[rondon]

@Sm1smom btw of early filing memo, this [1] was published yesterday. Looks like early filing is now officially part of USCIS policy manual [2]. There's a whole chapter related to DV AOS now. I haven't read it fully.

1. https://www.uscis.gov/sites/default...0240628-DiversityImmigrantBasedAdjustment.pdf
2. https://www.uscis.gov/policy-manual/volume-7-part-g-chapter-2 (section C)

Thanks Xarth for this!

 

[rondon]

Medical report is valid for two years. The 60 day rule for CS signature is no longer relevant. You can complete and have the medical report and have it signed now as a matter of fact, if you like. But bear in mind the possibility of your CN not becoming current at all which means the completed medical report becomes useless unless you have some of means of filing for AOS within the two year validity of the medical report.

There is an update on this mom. The Medical report now is valid indefinitely.

USCIS Announces New Guidance on Form I-693 Validity Period | USCIS

U.S. Citizenship and Immigration Services today announced that any Form I-693, Report of Immigration Medical Examination and Vaccination Record, that was properly completed and signed by a civil surgeon on or after Nov. 1, 2023, does not expire and can be used indefinitely as evidence to show...

www.uscis.gov

 

[Sm1smom]

There is an update on this mom. The Medical report now is valid indefinitely.

USCIS Announces New Guidance on Form I-693 Validity Period | USCIS

U.S. Citizenship and Immigration Services today announced that any Form I-693, Report of Immigration Medical Examination and Vaccination Record, that was properly completed and signed by a civil surgeon on or after Nov. 1, 2023, does not expire and can be used indefinitely as evidence to show...

www.uscis.gov

Yeah, that’s right. I forgot about the update. Thanks.

 

[Sm1smom]

So Class b TB. The CS is required to report this to the health department. But this is not grounds of inadmissibility.
I hope you have started your medication.

The initial screening result might have been a false positive result considering the X-ray came out clear, in which case the CS is not required to make a report to the health department, nor is the applicant required to undergo any form of treatment. The false positive result could have been due to having received the Bacille Calmette-Guérin (BCG) vaccine as a child

 

[faith25]

Hello ,I have filled out the DS-260 form. I will continue my process in the USA. Will I receive another notification letter for the next stages?