You might want to shorten or delete some wording. I think I removed the last sentence when it went over the limit.
DV 2024 AOS (Adjustment of Status) Process Only
- Thread starter Sm1smom
- Start date
romanpanbread
Member
Just submitted a request. How long did it take for them to respond to you and ask for the 1NL and the other document?
Hello everyone. I've got good news and bad news same day...
1) My case is in Santa Ana field office since late August, and I was waiting for the interview until today. Today on the morning, I've got the phone call from USCIS, and the person on the phone notified me that they've scheduled the interview for me for next Monday.
2) On the afternoon I've got another call from USCIS from another person. She asked me when did I file I-485. After I answered that it was in July-31, she told me that my application is not approvable, because my number became current in September. When I mentioned early filling, she told me that the advance notification was in August visa bulletin, therefore I supposed to file my application no earlier than August 1st to comply with the early filling requirements. She said that we still need to show up in the interview, but current application is not approvable. She said that the visa number is currently available, and I can submit the new application now if I want to proceed.
I think it is too late to submit the new application. So I am going to attend the interview next Monday. I am looking for an advise what should I bring to the interview and what should I say to convince the officer that I was able to file my I-485 in July.
Thanks in advance.
1) My case is in Santa Ana field office since late August, and I was waiting for the interview until today. Today on the morning, I've got the phone call from USCIS, and the person on the phone notified me that they've scheduled the interview for me for next Monday.
2) On the afternoon I've got another call from USCIS from another person. She asked me when did I file I-485. After I answered that it was in July-31, she told me that my application is not approvable, because my number became current in September. When I mentioned early filling, she told me that the advance notification was in August visa bulletin, therefore I supposed to file my application no earlier than August 1st to comply with the early filling requirements. She said that we still need to show up in the interview, but current application is not approvable. She said that the visa number is currently available, and I can submit the new application now if I want to proceed.
I think it is too late to submit the new application. So I am going to attend the interview next Monday. I am looking for an advise what should I bring to the interview and what should I say to convince the officer that I was able to file my I-485 in July.
Thanks in advance.
Xarthisius
Well-Known Member
Print this out https://www.uscis.gov/policy-manual/volume-7-part-g-chapter-2 and print VB from March 2019 and highlight publication date (it's at the very bottom), also print your VB that's in question. Highlight publication date in your VB. Make sure IO reads the example from the policy manual. Let IO compare your filing date for I-485 with publication date from your VB.
Be polite, if IO still is unwilling to accept it, ask them to consult with their supervisor. Be nice. Good luck!
romanpanbread
Member
THAT WOULD BE INSANE if they deny you based on their lack of knowledge. This just shows once again how unaware many FOs are about the entire Diversity Visa application process. Please keep us Updated.
mhatake
Member
Yeah many people are not very knowledgable about the diversity visas AOSs I've talked to 4-5 lawyers and they have little to no knowledge about adjusting in the states compared to going through NVC in the home country. I recently went to Santa Ana field office and most officers there said they have never head about what I was talking about ;the September 30th deadline and thereof I mean it's fair they wouldn't be knowledgable about that.
They wouldn’t schedule an interview if your application is not approvable. The second phone call is a kind of insane.
My CN is also in September, it was filed on July 19th and approved last Friday.
You shouldn’t worry about an early filing
Sm1smom
Super Moderator
That is actually not quite true. They can schedule an interview and subsequently deny a non-approvable case. Of course this is not to say OP's case is not approvable, just pointing out the above statement isn't necessarily accurate.
Sure, my statement wasn’t accurate, thanks for the correction, Mom. Just wanted to point out that in this specific case it couldn’t be not approvable because of early filing
Sm1smom
Super Moderator
Year after year, we've had DV cases that got erroneously denied (after the interview), due to early filing - this is called out in the AOS Process spreadsheet . Therefore, this particular case could still be erroneously denied, just like @legacy1's first filing was initially denied (although that was without an interview), but subsequently being approved. Fingers crossed, OP's case wouldn't be like that.
romanpanbread
Member
But Mom, how can they deny a case if someone is in the Legal Status and there is a CLEAR manual published by USCIS that validates the two-month early filling rule?... I'm so confused.
Sm1smom
Super Moderator
It could be because the IO assigned to the case is not familiar with DV based AOS cases. Only about 5% of DV selectees process their selection via AOS each year. And of the 5% cases, maybe only 2-3% of USCIS IOs have had the opportunity of adjudicating such a case, compared to a family or employment based AOS case which they're typically familiar with.
romanpanbread
Member
That is insane. So, the best way to avoid a DENIAL is to bring a printed LITERAL USCIS manual to the interview and ask them to speak to a supervisor? It's pretty mind-boggling that they are unfamiliar with the guidelines their agency provides them with...
SusieQQQ
Well-Known Member
The specifics in the manual were also only published quite recently. Before that there was only the memo. So not so surprising they don’t know parts of the manual for a category they don’t regularly deal with, however this is a chance to (politely of course) point this part out to them.
SusieQQQ
Well-Known Member
That’s why they have the manual, and why they have supervisors. To look things up and check them, because not every IO can be expected to just know every single possibility of every type of case that may cross their desk. Yes, this is why people should know their own cases. Hopping up and down and calling them insane probably won’t get you very far, but politely showing them the recent addition to the manual likely will.
romanpanbread
Member
I'm frustrated because my case has also been stuck in the field office, similar to @dmitrirom and I'm just afraid they may issue the same statement. Also, I just watched Simon's video, and that didn't add confidence to the scenario.