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DV 2024 AOS (Adjustment of Status) Process Only

treezka said:
Thank you, my case is at the National Benefits center, and I am in San Diego. But I am gonna try to go in tomorrow anyways and see if any of the officers can help me out.
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The case file is already at your FO, not NBC since your bio already got scheduled by the NBC.
 
Sm1smom said:
Oh no! This is so messed up. I'm so sorry. Not sure what's going on with your case. How old are your kids by the way?


Yes that is possible. Derivative's file could be accepted ahead of the main applicant's. The derivative's case however will not be approved ahead of the main applicant's (except for one or two instances which I vaguely remember the IO approving the derivative's case while the main applicant's was still pending).
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They are 3 and 5 years old.
 
asoliev said:
And the last question is, is it possible to request for refund at least for the one they made a mistake on accepting the payment ?
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Yes, it is possible.

Fees submitted to USCIS are generally non-refundable regardless of the ultimate decision on the benefit request or how much time is required to issue a decision.[25] There are a few exceptions to this rule, such as if USCIS makes an error that results in the inappropriate filing of a form or if USCIS collects the wrong fee.[26]

If a benefit requestor believes they are entitled to a refund of a fee, the requestor should contact the USCIS Contact Center or submit a written request for a refund to the USCIS office with jurisdiction over the benefit request.

USCIS reviews the request for a refund and either approves or denies the request based on the available information. If the officer finds USCIS made an error, the officer should complete a Request for Refund of Fee (Form G-266). USCIS then notifies the requestor of its decision on the request. All Forms G-266 must be signed by a District or Service Center Director, or a person within the chain of command that has been delegated that authority.

www.uscis.gov

Chapter 3 - Fees

Requestors must include any required fees with the submission of a benefit request to USCIS. This payment must be in U.S. currency.
www.uscis.gov
 
Status finally changed to new card is being produced. I really do appreciate @Sm1smom @SusieQQQ @Britsimon @Xarthisius and everyone involved in this forum for answering my question without fail and always being so helpful without any hesitation. If I didn't find this forum I wouldn't have known about the fees associated with the DV process and I would have sat and wait until it gets denied after the program ended. I'm truly indebted to you guys!! Hoping everyone can get their cases adjudicated in time as well.
 
dmitrirom said:
Thank you. The IO kindly listened my arguments and held my highlighted printouts for further review to make a final decision regarding early filing. My case still have background check pending, so I only need to hope for the best during next couple days.
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My status had changed to "New Card Is Being Produced" couple minutes ago. Same question: does that mean success? Or there are more potential obstacles down the road?
 
mhatake said:
Status finally changed to new card is being produced. I really do appreciate @Sm1smom @SusieQQQ @Britsimon @Xarthisius and everyone involved in this forum for answering my question without fail and always being so helpful without any hesitation. If I didn't find this forum I wouldn't have known about the fees associated with the DV process and I would have sat and wait until it gets denied after the program ended. I'm truly indebted to you guys!! Hoping everyone can get their cases adjudicated in time as well.
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Congratulations and thanks for the update.
 
Hi Mom,

I had my interview today and officer was not really into my case and postponed it to monday expecting more evidences .

Let me tell you what was an issue and would love to hear your opinion on this matter:



So I came here with a j1 visa in 2017, and while still legally staying here I then filed for asylum. I never had an interview so my case was pending. In 2023 I applied for TPS (I’m from Ukraine) and the same year I won the lottery.

The issue that officer had with me is that even tho I’m applying for aoc using tps, the fact that before that I had a pending asylum is considered that I was out of status and have no right to do AOS and get diversity green card.



My lawyer told me that I CAN apply for adjustment of status as TPS is forgiving in this case.

I was never here illegally. And every document was up to date and filed and legit. Currently sitting in lawyer office waiting on him but we gonna go back there on Monday.

What do you think about it ? Do I have a chance ? Maybe I’m missing some information
 
kskskseniia said:
Hi Mom,

I had my interview today and officer was not really into my case and postponed it to monday expecting more evidences .

Let me tell you what was an issue and would love to hear your opinion on this matter:



So I came here with a j1 visa in 2017, and while still legally staying here I then filed for asylum. I never had an interview so my case was pending. In 2023 I applied for TPS (I’m from Ukraine) and the same year I won the lottery.

The issue that officer had with me is that even tho I’m applying for aoc using tps, the fact that before that I had a pending asylum is considered that I was out of status and have no right to do AOS and get diversity green card.



My lawyer told me that I CAN apply for adjustment of status as TPS is forgiving in this case.

I was never here illegally. And every document was up to date and filed and legit. Currently sitting in lawyer office waiting on him but we gonna go back there on Monday.

What do you think about it ? Do I have a chance ? Maybe I’m missing some information
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Your lawyer’s claim about TPS being forgiving in this case is wrong. According to the USCIS Manual:
For purposes of adjustment of status under INA 245, a noncitizen with TPS is considered as being in and maintaining lawful status as a nonimmigrant only during the period that TPS is in effect.[58] TPS does not cure any previous failure to maintain continuously a lawful status in the United States.[5]

However you and your lawyer may be able to argue your failure to continuously maintain your previous lawful status was due to USCIS’s inaction on your pending asylum case, (depending on how long you maintained that status for after filing for asylum).
 
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