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DV 2024 AOS (Adjustment of Status) Process Only

romanpanbread said:
How did u submit an expedited request?
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I called USCIS and explained the situation. Luckily, the lady yesterday clearly understood the diversity visa situation and agreed to submit the expedited request. I called twice. The lady on the first call just hung up the phone call after I explained. So I will recommend to try calling until someone is willing to help.

However, I am unsure if that request is the same as the second-tier call. I received an email saying I will receive a call or email response in 72 hours if it is considered as urgent.
 
Hello. Does anyone know how long does it take for USCIS update info online vs mail?
I submitted paper work on 8/30
Notice of receival was 9/3
Then I didn’t hear anything. After inquiries and endless phone calls, my case was transferred to tier 2 officer.
On 9/23 I received biometrics letter which was dated 9/6 (that’s almost 3 week delay?) my appointment was for 9/27, I went and got biometrics done 9/24 it updated online immediately. Yesterday I also received notice that my case was expedited with referral ID WTC******MSC (not really sure what that means) When I tried to talk to Emma, agent told me there are no interviews scheduled. Is there anything else I can do at this point? My worry is that with the mails delays there is no chance of interview right now? So at this point just hoping someone can take a look at it. Does anyone know how long it takes for them to clear biometrics/background check?
(My AOS is from F1, currently on OPT)
 
submitted my tier 2 expedited request on Monday around 4pm. I haven’t received a call from the Tier 2 agent yet. Called USCIS again and explained my situation to the Tier 1 agent. The lady on the phone was sweet and she had actually told me that she sees my case and it doesn’t have any flags on it. She also told me that officers have opened my case multiple times during this month (September 9th, September13th, September 16th, and twice yesterday). Don’t know what to expect at this point.
 
treezka said:
Hello. Does anyone know how long does it take for USCIS update info online vs mail?
I submitted paper work on 8/30
Notice of receival was 9/3
Then I didn’t hear anything. After inquiries and endless phone calls, my case was transferred to tier 2 officer.
On 9/23 I received biometrics letter which was dated 9/6 (that’s almost 3 week delay?) my appointment was for 9/27, I went and got biometrics done 9/24 it updated online immediately. Yesterday I also received notice that my case was expedited with referral ID WTC******MSC (not really sure what that means) When I tried to talk to Emma, agent told me there are no interviews scheduled. Is there anything else I can do at this point? My worry is that with the mails delays there is no chance of interview right now? So at this point just hoping someone can take a look at it. Does anyone know how long it takes for them to clear biometrics/background check?
(My AOS is from F1, currently on OPT)
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How long it takes to clear the background check is specific to each applicant - it depends on what your initial check reveals.

At this point, I suggest you make a walk-in attempt at your FO to explain your situation and hope the guards allow you into the FO to talk to someone knowledgeable.
 
Sm1smom said:
Any update so far? Still rooting for you guys.
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Hey everyone, I just wanted to update you on my situation. Unfortunately, USCIS denied my I-485 application, and it seems like they misunderstood several key details about my case. My spouse also received a denial because my case was denied. I don't know why they waited this long to review the case. If I had received a denial early when they reviewed it, I would have submitted I-290B to reopen/reconsider my case. I tried to walk into the USCIS office, but they said the case was closed already. My senator also said the same thing: since the case is closed, they can't do anything.

1. Out of Status Claim:​

USCIS said I was out of status from September 2022 to August 2023, but that’s not true. I filed for a change of status to F-1 on time, and it was approved in February 2023. I attended Harvest English Institute right after that and transferred to GT Educational Center within the allowed 5-month window. I was never out of status. If I were to be out of status, I could not get approval from USCIS, and schools wouldn't be able to transfer me in SEVIS. I also talked with senators

2. Full Course of Study:​

They claimed I didn’t maintain a full course of study at Harvest English Institute, but I completed my course successfully, with 80.11% attendance, meeting the requirements for F-1 visa compliance. I sent them a letter from the Designated School Official that said I had completed the full course of study and was in good standing when transferring to another school.

3. Misinterpretation of Grades:​

USCIS also said I failed a course because of a final grade of 50.99, but that grade was low because I transferred early, and the school made a grade report for the whole course. My actual grades during the course were 86 and 80, both passing. The transcript also showed this, but the officer chose whatever they wanted to justify their decision. Even if my grades were low, this does not change my status. Even if I get low grades, no rule in F-1 regulation says that I need to get good grades.

4. Bar to Adjustment of Status:​

Finally, they said I was barred from adjusting status under INA 245(c), but that’s incorrect since I’ve always maintained lawful status.
 
Plus19 said:
Hey everyone, I just wanted to update you on my situation. Unfortunately, USCIS denied my I-485 application, and it seems like they misunderstood several key details about my case. My spouse also received a denial because my case was denied. I don't know why they waited this long to review the case. If I had received a denial early when they reviewed it, I would have submitted I-290B to reopen/reconsider my case. I tried to walk into the USCIS office, but they said the case was closed already. My senator also said the same thing: since the case is closed, they can't do anything.

1. Out of Status Claim:​

USCIS said I was out of status from September 2022 to August 2023, but that’s not true. I filed for a change of status to F-1 on time, and it was approved in February 2023. I attended Harvest English Institute right after that and transferred to GT Educational Center within the allowed 5-month window. I was never out of status. If I were to be out of status, I could not get approval from USCIS, and schools wouldn't be able to transfer me in SEVIS. I also talked with senators

2. Full Course of Study:​

They claimed I didn’t maintain a full course of study at Harvest English Institute, but I completed my course successfully, with 80.11% attendance, meeting the requirements for F-1 visa compliance. I sent them a letter from the Designated School Official that said I had completed the full course of study and was in good standing when transferring to another school.

3. Misinterpretation of Grades:​

USCIS also said I failed a course because of a final grade of 50.99, but that grade was low because I transferred early, and the school made a grade report for the whole course. My actual grades during the course were 86 and 80, both passing. The transcript also showed this, but the officer chose whatever they wanted to justify their decision. Even if my grades were low, this does not change my status. Even if I get low grades, no rule in F-1 regulation says that I need to get good grades.

4. Bar to Adjustment of Status:​

Finally, they said I was barred from adjusting status under INA 245(c), but that’s incorrect since I’ve always maintained lawful status.
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So sorry to hear about this. Have you received a NOID (intent of denial )before, or was it just a denial right away?
 
Plus19 said:
Hey everyone, I just wanted to update you on my situation. Unfortunately, USCIS denied my I-485 application, and it seems like they misunderstood several key details about my case. My spouse also received a denial because my case was denied. I don't know why they waited this long to review the case. If I had received a denial early when they reviewed it, I would have submitted I-290B to reopen/reconsider my case. I tried to walk into the USCIS office, but they said the case was closed already. My senator also said the same thing: since the case is closed, they can't do anything.

1. Out of Status Claim:​

USCIS said I was out of status from September 2022 to August 2023, but that’s not true. I filed for a change of status to F-1 on time, and it was approved in February 2023. I attended Harvest English Institute right after that and transferred to GT Educational Center within the allowed 5-month window. I was never out of status. If I were to be out of status, I could not get approval from USCIS, and schools wouldn't be able to transfer me in SEVIS. I also talked with senators

​

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Sorry to hear this.

Curious if your COS was backdated to when your previous status expired, and exactly when that was. The specific dates are not clear here. AFAIK you can’t have f1 Status more than a month before your studies begin. Not an expert here but another forum I was on used to strongly advise people against cos to f1 because of the trickiness with getting the dates right.
 
SusieQQQ said:
Sorry to hear this.

Curious if your COS was backdated to when your previous status expired, and exactly when that was. The specific dates are not clear here. AFAIK you can’t have f1 Status more than a month before your studies begin. Not an expert here but another forum I was on used to strongly advise people against cos to f1 because of the trickiness with getting the dates right.
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I filed my Change of status to F-1 before my J1 status ended, so it was not a problem. Even in the denial letter, the officer contradicts themselves and says I am out of status, but two paragraphs later, I have F1 status.

I have talked with multiple attorneys at this point. They all pointed out that the officer had made an error in the decision.
 
Plus19 said:
Hey everyone, I just wanted to update you on my situation. Unfortunately, USCIS denied my I-485 application, and it seems like they misunderstood several key details about my case. My spouse also received a denial because my case was denied. I don't know why they waited this long to review the case. If I had received a denial early when they reviewed it, I would have submitted I-290B to reopen/reconsider my case. I tried to walk into the USCIS office, but they said the case was closed already. My senator also said the same thing: since the case is closed, they can't do anything.

1. Out of Status Claim:​

USCIS said I was out of status from September 2022 to August 2023, but that’s not true. I filed for a change of status to F-1 on time, and it was approved in February 2023. I attended Harvest English Institute right after that and transferred to GT Educational Center within the allowed 5-month window. I was never out of status. If I were to be out of status, I could not get approval from USCIS, and schools wouldn't be able to transfer me in SEVIS. I also talked with senators

2. Full Course of Study:​

They claimed I didn’t maintain a full course of study at Harvest English Institute, but I completed my course successfully, with 80.11% attendance, meeting the requirements for F-1 visa compliance. I sent them a letter from the Designated School Official that said I had completed the full course of study and was in good standing when transferring to another school.

3. Misinterpretation of Grades:​

USCIS also said I failed a course because of a final grade of 50.99, but that grade was low because I transferred early, and the school made a grade report for the whole course. My actual grades during the course were 86 and 80, both passing. The transcript also showed this, but the officer chose whatever they wanted to justify their decision. Even if my grades were low, this does not change my status. Even if I get low grades, no rule in F-1 regulation says that I need to get good grades.

4. Bar to Adjustment of Status:​

Finally, they said I was barred from adjusting status under INA 245(c), but that’s incorrect since I’ve always maintained lawful status.
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Oh no! That sucks. I'm sorry to learn of this outcome and at this time which basically means there's nothing else that can be done about this situation.

It is possible the IO was overwhelmed with the almost 500 pages of documents you sent in response to the RFE for demonstrating you've never gone out of status. That is a lot of stuff for them to wade through, even for the administrative personnel responsible for scanning and processing the received documents. I remember commenting about the amount of documents sent in response back then.

p.s. For future filers reading this post - Quality of evidence being submitted trumps number of documents being submitted. Like I always say, less is more.
 
Sm1smom said:
Oh no! That sucks. I'm sorry to learn of this outcome and at this time which basically means there's nothing else that can be done about this situation.

It is possible the IO was overwhelmed with the almost 500 pages of documents you sent in response to the RFE for demonstrating you've never gone out of status. That is a lot of stuff for them to wade through, even for the administrative personnel responsible for scanning and processing the received documents. I remember commenting about the amount of documents sent in response back then.

p.s. For future filers reading this post - Quality of evidence being submitted trumps number of documents being submitted. Like I always say, less is more.
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You are right. The officer might have been overwhelmed. But since they asked both me and my spouse, that is why the package was big. We wanted to reply to each of their requests.
 
Plus19 said:
I filed my Change of status to F-1 before my J1 status ended, so it was not a problem. Even in the denial letter, the officer contradicts themselves and says I am out of status, but two paragraphs later, I have F1 status.

I have talked with multiple attorneys at this point. They all pointed out that the officer had made an error in the decision.
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That’s not quite answered my question but I guess it doesn’t matter at this point, except for possibly helping future readers .

Rephrasing my question : Filing before j1 ended means you don’t accrue unlawful presence. That is not the same thing as being in status. If there was a gap between when your J1 ended and your F1 began you would not have been unlawfully present BUT you would also not have been in status. That’s why I asked about whether the F1 was backdated (which you didn’t answer).
 
SusieQQQ said:
That’s not quite answered my question but I guess it doesn’t matter at this point, except for possibly helping future readers .

Rephrasing my question : Filing before j1 ended means you don’t accrue unlawful presence. That is not the same thing as being in status. If there was a gap between when your J1 ended and your F1 began you would not have been unlawfully present BUT you would also not have been in status. That’s why I asked about whether the F1 was backdated (which you didn’t answer).
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Oh, now I understood correctly. Yes, it was backdated when I received the approval.
 
Plus19 said:
You are right. The officer might have been overwhelmed. But since they asked both me and my spouse, that is why the package was big. We wanted to reply to each of their requests.
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I understand the RFE was for the two of you, but even at that, responding with over 200 pages of documents per person was way too much IMHO.

And I think the fact that you intentionally fell out of status immediately following your AOS filing might have impacted the final outcome of your case. While one could possibly fall out of status while their AOS application is pending (usually due to situations beyond their control) without such an act impacting the final case adjudication, that action combined with the IO's observance of break in status, number of schools attended over, overwhelming number of documents submitted in response to the RFE probably impacted your IO's view of your moral turpitude in the long run (even if that was not mentioned in the denial notice).
 
SusieQQQ said:
That’s not quite answered my question but I guess it doesn’t matter at this point, except for possibly helping future readers .

Rephrasing my question : Filing before j1 ended means you don’t accrue unlawful presence. That is not the same thing as being in status. If there was a gap between when your J1 ended and your F1 began you would not have been unlawfully present BUT you would also not have been in status. That’s why I asked about whether the F1 was backdated (which you didn’t answer).
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I was on H-1B status until May 10, which was my last day of employment. My H-1B visa stamp and I-94 are valid until September 2025. I filed an I-539 on May 17, and it was approved on August 20. Am I considered to be in unlawful status during the period between May 10 and May 17, or does the approval of my I-539 retroactively make this gap lawful? Additionally, is the 60-day grace period following H-1B termination considered lawful status or just authorized stay? I only recently learned about the distinction between authorized stay and lawful status from forums after my priority number became current, and I'm concerned if this gap could be causing delays in processing our cases.
 
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