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DV 2024 AOS (Adjustment of Status) Process Only

0811 said:
Hi Mom and SusieQQQ,

Thank you for the response! That's what I’m thinking as well. My case should still fall within the 50-60 day window for early filing. My Field Office is Salt Lake City. I've attached the denial letter.

I’m debating whether to file Form I-290B ($800) or submit a new I-485 application ($1,440 + medical exam), given that I’m unsure how long it might take for Form I-290B to be processed. Do you have any suggestions?

Here are my additional questions for each situation:
1. In Form I-290B Part 2, which box should I check? (1.d. A motion to reopen; 1.e. A motion to reconsider; 1.f. A motion to reopen and a motion to reconsider)
2. I assume my case is 'Decision made by a USCIS domestic or international field office on Form I-485,' so the USCIS Chicago Lockbox is where I should send Form I-290B. Is that correct?
3. Do I need to pay the application fee of $1,440 again if my case is reopened or reconsidered?
4. If I choose to submit a new I-485, should I include the denial letter and a brief explanation?
5. If I choose to submit a new I-485, will I need to undergo another medical exam and pay the $1,440 application fee again?


Thank you again for your generous help!
YY
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Personally I always recommend filing a new application as a final option, and not a motion to reopen/reconsider in such a situation when a verbal appeal (or using congressional assistance) has not worked.
1. A motion to reopen is based on documentary evidence of new facts. A motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision. So you will be filing a motion to reconsider, if you decide to go down this route.
2. Correct.
3. You will pay the applicable filing fee for a motion to reconsider - check the USCIS website to confirm the correct fee.
4. Not necessary IMO. They already have the information.
5. New payment. Sealed medical exam - if you’re able to obtain a copy of the sealed medical exam from your CS, that should work.
 
lara324830 said:
Hello! My case 24xxx is still be, at NBC from July. Last notice date from July 07/23/2024. Whenever I call to uscis the answer is the same,'
" We are looking at your form I-485". In the spreadsheet my name is lena86. . I already sent the letter-inquiry to the Congressman and the Senator. Please, suggest to me what have I have to do. I think for some reason my case is being held there and eventually I won't even have a chance to get an interview before the end of the fiscal year. Thank you
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Your case is not stuck at the NBC. It is already at your FO and progressing as it should considering it was filed on 7/2. If you look at similar cases reported on the Timeline Spreadsheet from your FO, you’ll see this. So you just need to be patient at this point.
 
selbi said:
Hello. İn the i-485 in public charge part there are questions about household size, income and assests. Are these questions about me or include also my US sponsor? İf it is only about me, I do not have any income in the US, but because I am on F1 visa I have a sponsor from my own country. so should I select 0$ option or select the amount shown on my f1 visa sponsor?
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The questions on the I-485 are all about you. Your income would be 0 in this case, you have no personal income.
 
0811 said:
Quick update on my case. I was fortunate to speak with a field officer when I went in for my biometric collection (appointment notice dated 07/26/2024; FO denial notice dated 08/06/2024). Although the officer I spoke with doesn't handle DV AOS cases, he was very helpful and took my documents (KCC letter, denial letter, Early Filing Policy Memo PM-602-0088, and the August Visa Bulletin with the September rank cut-off of 27,500) inside to consult with someone more familiar with the situation.

Another officer inside the office insisted that since my DV rank number falls below the September rank cut-off of 27,500, I can only file the I-485 after September 1. I explained the Early Filing Memo again to the field officer, who kindly spoke with me, but he returned with the same answer: 'No.' I have no idea what else I can do.

Given the feedback from the officer, it seems the best solution is to file the I-485 again on September 1. Do you think there’s any chance I should try filing before then? Lol.

Regarding the medical exam, the officer said I can use a copy of the original exam (since I had sent the original version with my initial filing). I’m not sure if I need to go through biometric collection again, though.
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The memo you took along with you is now superseded, it is no longer effective and cannot be relied upon in support of early filing. Like Susie already noted above, if you had informed us prior to making the trip, we would have referred you to a more recent reference material which you could have presented in support of your case. So your only option IMO is to go ahead and file a new application which will include a sealed medical report. And I wouldn’t wait until Sept. 1 considering the time crunch in front of me. I would include a print out of the USCIS policy manual, highlighting the below section and include it with my package:

The advance notification chart provides a preview of upcoming rank number cut-offs to help ensure timely filing and adjudication of DV adjustment applications.
A selectee may file an adjustment of status application when the selectee’s rank number is below the appropriate regional rank number cut-off in either:
  • The current month’s DV availability chart; or
  • The advance notification chart for the next month.[55]
However, if your risk tolerance level is not quite as high as mine, then you can wait until the end of August to file, ensuring your package is received on or after Sept. 1st.


www.uscis.gov

Chapter 2 - Eligibility Requirements

A. GeneralTo adjust to lawful permanent resident (LPR) status based on a Diversity Immigrant Visa (DV), an applicant must meet the eligibility requirement
www.uscis.gov
 
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Sm1smom said:
Your case is not stuck at the NBC. It is already at your FO and progressing as it should considering it was filed on 7/2. If you look at similar cases reported on the Timeline Spreadsheet from your FO, you’ll see this. So you just need to be patient at this point.
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Thank you!
 
thisistanya said:
Hi all! Here is my interview update:
I had an interview at Miami Field Office.
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I was let in 15 minutes before my appointment. Went through a security check like in airports and then waited around 40 minutes before I was invited in by an officer. I took an oath. An officer just went through my I-485 questions and asked for my most recent I-20 (which was already submitted with a package but I had a copy with me). I had a ticket for careless driving in 2021 and I have disclosed that in my application. The officer asked for the proof of payment for that ticket (I thankfully had a copy with me, so I gave it to her). Then she asked why I have not submitted the proof of payment for that ticket with my application and I said that since it was under $200 ticket and I was never arrested - I did not have to submit it but I brought with me to the interview just in case. Then she laughed and said "you are correct. you really are not taking any chances - good that you brought that with you". The interview overall was nice and easy. The officer did not ask for the birth certificate or any other originals. She took my proof of payment for the ticket and went to another room to make a copy of my passports and driver's license. Then she asked if I had any questions. I asked if the interview was over, as I was surprised that it was this quick. She said yes the interview is over. Then I asked if my background check was cleared and the officer responded that she does not have that information as FBI is processing it not the USCIS. Then she asked what is the reason of my question about the background check and asked if there is something I worry about my criminal background. I responded that no I do not have any criminal record just worrying about the approaching deadline of a fiscal year and want to make sure my case will get adjusted before the end of it. She did not say anything, so I asked about the KCC letter - she responded that she is aware of the deadline and that if I do not hear the decision in 30 days - to contact USCIS contact center . Then she showed me the way out.
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I am really worried now about the response of an officer. Is it a normal that she said she does not know if my FBI checked has been cleared? And is it normal that she did not give me decision and told me to wait 30 days?
My USCIS portal has not been updated since biometrics, so it just says that biometrics were taken and no update about the interview or anything. I am really worried!
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Yes, it is quite normal to not receive a decision on the spot (this is covered in the FAQ section of the AOS process spreadsheet). And it is not unusual for the IO to say they have no idea if the background check has cleared or not as at the time of their interviewing you - this will be because the entire case file has not be reviewed prior to their meeting with you, so they will need some time to do the review to see if they have everything they need in order to make a decision on the application.
 
Pillottery said:
Do you think the whole AOS process is still doable? Given the timing, as you said application must be adjudicated by sept 30th. I currently hold an E2 visa. Will you risk it to go through AOS and possibly jeopardizing my E2 renewal if green card process doesn't go through?
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Pillottery said:
I mean sending the "package" to lockbox on September 1st (when CN became current) knowing the deadline is September 30th, based on you knowledge will give enough time to USCIS to process, give you appointment for bio, and interview? Did it happened in the past? Was looking at the timeline spreadsheet but infos for this timing are scarce.
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We’ve had reports of selectees who became current in Sept. (last month of their applicable FY) who successfully completed the process. Yes the timing is tight, it is a nail-biter period, those selectees decided taking the risk was worth it, they did early filing, and it worked for some of them.
 
thisistanya said:
Hello, I am on OPT as well and it expires on September 5th, not STEM though. As I understand, applying for OPT extension will not hurt your AOS application.
I do not think you would qualify for any expedite right now. What I did in my case: is soon after I completed biometrics, I wrote a letter to a local congress person. It takes time for them to reply usually and then it takes up to 30 days after your congress inquiry to receive a response from USCIS. I asked a congress person for a case status update and explained the deadline of DV process and my approaching OPT expiration. I read somewhere to not just ask a congress person for an expedite as they might ask for evidence (google USCIS reasons to expedite evidence examples). Btw, my congress person never got back to me but I did receive an interview notice around a month after submitting the inquiry (so idk if it actually helped or not).
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Thank you for your clarification.
 
Sm1smom said:
The memo you took along with you is now superseded, it is no longer effective and cannot be relied upon in support of early filing. Like Susie already noted above, if you had informed us prior to making the trip, we would have referred you to a more recent reference material which you could have presented in support of your case. So your only option IMO is to go ahead and file a new application which will include a sealed medical report. And I wouldn’t wait until Sept. 1 considering the time crunch in front of me. I would include a print out of the USCIS policy manual, highlighting the below section and include it with my package:

The advance notification chart provides a preview of upcoming rank number cut-offs to help ensure timely filing and adjudication of DV adjustment applications.
A selectee may file an adjustment of status application when the selectee’s rank number is below the appropriate regional rank number cut-off in either:
  • The current month’s DV availability chart; or
  • The advance notification chart for the next month.
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Thank you! I hadn’t noticed the Policy Manual on the website. Does anyone know when the original memo released in 2013 was superseded? I’m just curious. Perhaps I’ve been following the wrong memo, or I was lucky enough to apply during the policy transition. The Policy Manual is shown as current as of July 18, 2024, and I sent out my package on July 10, 2024.
 
0811 said:
Thank you! I hadn’t noticed the Policy Manual on the website. Does anyone know when the original memo released in 2013 was superseded? I’m just curious. Perhaps I’ve been following the wrong memo, or I was lucky enough to apply during the policy transition. The Policy Manual is shown as current as of July 18, 2024, and I sent out my package on July 10, 2024.
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It was officially updated on June 28, 2024Policy_Update.JPG
 
0811 said:
Thank you! I hadn’t noticed the Policy Manual on the website. Does anyone know when the original memo released in 2013 was superseded? I’m just curious. Perhaps I’ve been following the wrong memo, or I was lucky enough to apply during the policy transition. The Policy Manual is shown as current as of July 18, 2024, and I sent out my package on July 10, 2024.
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It was talked about in this forum a few times too. When did you join here?
 
0811 said:
Thank you, everyone! Opps, that was close. I joined the forum around the beginning of 2024 and had everything prepared by May, ready to be sent out. What a bummer—I was completely unaware of the policy changes.
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Pity you missed the posts about it.
 
Hi to the team! News from Fairfax (WAS) office: got approved a few hours ago (New Card being Produced) without an interview @legacy1 @canelmaslar I hope your time is coming as well since they started looking at them apparently. Three quick points for people currently applying:

1. I did early filing in May and it was accepted (I did include the early filing memo and highlighted the important parts)
2. I did NOT have the updated Covid vaccine. Had completed the vaccine requirements in 2022.
3. I did NOT send my High School diploma. I sent my BA, MA and current PhD transcripts.

Disclaimer: I am not saying to not do those things but if you submitted the application already without that stuff for X Y Z reasons try not to stress too much about it - I certainly did stress massively about those missing.

Thanks to mom and all the rest for the support around here. Very happy I found this forum this past year. I will update the timesheet very soon.
 
Hi everyone, I got scheduled for Bio on August 21st. I know that doing an early walk-in is always recommended to expedite the process. I don't have a good reason for not making it to the scheduled appointment... What had people used in the past to go to their appointments earlier? Also, what should I bring to the biometrics except my passport and appointment confirmation?
 
Sm1smom said:
The memo you took along with you is now superseded, it is no longer effective and cannot be relied upon in support of early filing. Like Susie already noted above, if you had informed us prior to making the trip, we would have referred you to a more recent reference material which you could have presented in support of your case. So your only option IMO is to go ahead and file a new application which will include a sealed medical report. And I wouldn’t wait until Sept. 1 considering the time crunch in front of me. I would include a print out of the USCIS policy manual, highlighting the below section and include it with my package:

The advance notification chart provides a preview of upcoming rank number cut-offs to help ensure timely filing and adjudication of DV adjustment applications.
A selectee may file an adjustment of status application when the selectee’s rank number is below the appropriate regional rank number cut-off in either:
  • The current month’s DV availability chart; or
  • The advance notification chart for the next month.[55]
However, if your risk tolerance level is not quite as high as mine, then you can wait until the end of August to file, ensuring your package is received on or after Sept. 1st.


www.uscis.gov

Chapter 2 - Eligibility Requirements

A. GeneralTo adjust to lawful permanent resident (LPR) status based on a Diversity Immigrant Visa (DV), an applicant must meet the eligibility requirement
www.uscis.gov
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so this means I filed 07/25/2024 and this was too early?

my current is on September...

I'm confused
 
0811 said:
Thank you, everyone! Opps, that was close. I joined the forum around the beginning of 2024 and had everything prepared by May, ready to be sent out. What a bummer—I was completely unaware of the policy changes
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I don't think the reason lies solely in the superseded memo. Based on the information you provided, they have misinterpreted the memo, and there's a chance they can continue with this incorrect interpretation even with the updated USCIS Policy Manual. My understanding is that the reason in the FO. I wanted to share this comment, as I notice a consensus that attributes everything to the superseded memo.
 
monoteos said:
so this means I filed 07/25/2024 and this was too early?

my current is on September...

I'm confused
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Yes, you did early filing if your package was received before the first day of your CN current month. This is covered in the AOS process spreadsheet which we had asked you to go over a while back.
 
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