DV 2024 AOS (Adjustment of Status) Process Only

[2024 Houston]

Hello, a quick question on 60 day rule for the I-693. Does the counting start when i signed the form or when the doctor signed off the form. My doctor made me sign the form at the time of examination. Now i am working through the blood test and one vaccine she recommended.

 

[rondon]

Hello, a quick question on 60 day rule for the I-693. Does the counting start when i signed the form or when the doctor signed off the form. My doctor made me sign the form at the time of examination. Now i am working through the blood test and one vaccine she recommended.

the counting begins the day your CS signs it.

 

[Silverwolf]

question: I-485 question 25.a.
If I was admitted as a student and it’s there in the question, do i need to specify it in the given space below?


Also, is it helpful to provide an evaluation of an asset such as an apartment if I have it as a financial support evidence?


Thank you in advance

 

[Sm1smom]

Thanks a lot for quick response .

I don’t understand few more things :

1) Do we have to pay for biometric fees again with I 765 if we’ve already paid biometric fees with i485 and we had our biometrics done on November 15th 2023 in Illinois .

2) what’s faster in practice : to apply for EAD first or EAD with AP ( combo card ) ? Can you advise from your experience ?

3) if we can apply for EAD to be able to work for a different employer , we know for sure that our current employer will cancel our current work visa ( valid until Sep 2025 ) immediately ; in this case we will be legally in USA based on our I 485 ?

4) how long can we stay legal in USA based on our I 485 ( DV lottery case ) , USCIS must make a decision by the end of FY or it can be longer ?

5) since our current visa will be canceled , do we need to apply for any other visa inside USA while waiting for our pending application ?

6) in our I 485 case we have I 601 ( vaccination waiver for our 2 years old daughter ) the timing of consideration is different , so we wonder in this case could it slow down a decision on I 485 ?

7) if we will have AP so we can travel with our passport , AP and I 797 right ?

Thank you so much for your time

1. No payment required for an AOS based I-765 and or I-131. You just need to make sure you include the NOA for the pending I-485 (since you're not filing those forms together with the I-485).
2. It doesn't matter, makes no difference as to which one you apply for first. USCIS no longer issues a combo card, each card will be separately processed and issued upon approval.
3. I already answered this in my previous response.
4. Again, I already answered this in my previous response.
5. No. You do not apply for a "visa" from within the US. Plus I already answered in my previous post that you are allowed to remain in the US while your AOS application is pending.
6. Yes, it possibly could slow down the approval process.
7. Yes, if you have the approved AP card on hand, you can depart from and return to the US without your pending AOS application being considered as abandoned.

 

[Sm1smom]

question: I-485 question 25.a.
If I was admitted as a student and it’s there in the question, do i need to specify it in the given space below?


Also, is it helpful to provide an evaluation of an asset such as an apartment if I have it as a financial support evidence?


Thank you in advance

1. Yes.
2. Please take a look at page 4 of the I-134 Instructions for it says regarding that.

 

[oliaileiko]

1. No payment required for an AOS based I-765 and or I-131. You just need to make sure you include the NOA for the pending I-485 (since you're not filing those forms together with the I-485).
2. It doesn't matter, makes no difference as to which one you apply for first. USCIS no longer issues a combo card, each card will be separately processed and issued upon approval.
3. I already answered this in my previous response.
4. Again, I already answered this in my previous response.
5. No. You do not apply for a "visa" from within the US. Plus I already answered in my previous post that you are allowed to remain in the US while your AOS application is pending.
6. Yes, it possibly could slow down the approval process.
7. Yes, if you have the approved AP card on hand, you can depart from and return to the US without your pending AOS application being considered as abandoned.

Thank you a lot again for your quick response

But 2 more questions remain unclear for me :

1) for AOS process ( DV lottery case ) USCIS should consider our application until Sep this year or it can take longer 1-2 years ( like example ) ? I just worried as I 601 time line is up to 36 months ( can they consider our I 485 for that long too ? )

2) if for any reason we get refused from USCIS ( maybe accuse of I 601 ) and of course we don’t want to leave USA , we came here legally and we want to stay legally , what is the best way to do ( to be able to stay ) so we don’t have to leave USA immediately ? ( and if we will need help with this in our case , can we ask you for paid assistance ?)

Thank you .

 

[Sm1smom]

Thank you a lot again for your quick response

But 2 more questions remain unclear for me :

1) for AOS process ( DV lottery case ) USCIS should consider our application until Sep this year or it can take longer 1-2 years ( like example ) ? I just worried as I 601 time line is up to 36 months ( can they consider our I 485 for that long too ? )

2) if for any reason we get refused from USCIS ( maybe accuse of I 601 ) and of course we don’t want to leave USA , we came here legally and we want to stay legally , what is the best way to do ( to be able to stay ) so we don’t have to leave USA immediately ? ( and if we will need help with this in our case , can we ask you for paid assistance ?)

Thank you .

1. You only have until Sept. 30th 2024 for your case to be approved (there's no guarantee it would be approved by then). If it is not approved by Sept. 30th, the application will eventually get denied as the selection eligibility cannot go beyond the applicable FY.
2. Maintain your current status by continuing to work for your current employer. If you switch employers while your AOS application is pending, you will have no fall back status for legally remaining in the US if the AOS application gets denied.

p.s. I recommend you add your case update to the 2024 Timeline spreadsheet for better visibility to the case processing.

 

[Plus19]

Hi,

As indicated on timeline, USCIS received my package on December 22. We are approaching almost 4 weeks and I have not heard anything from USCIS. I know people having completed their bio within a month and I am still waiting my NOA. Apparently the lawyer has not attached form G-1145 and hence I do not know my case number. The only thing I know is that the cash was cashed on January 12, 3 weeks after the submission. USCIS asks to contact them unless the first NOA was not received in 30 days, which would be this Sunday. In this situation is there anything I should/can do apart from waiting? Why does it take so long?

One of my friends sent her application on December 22 as well. USCIS just took the money out of her account this morning.

 

[Plus19]

Hello, a quick question on 60 day rule for the I-693. Does the counting start when i signed the form or when the doctor signed off the form. My doctor made me sign the form at the time of examination. Now i am working through the blood test and one vaccine she recommended.

60-day rule rescinded. Your I-693 is valid for two years after the doctor signs.

 

[rondon]

the counting begins the day your CS signs it.

Thanks @Plus19 for clearing this up! Indeed, the 60 day rule is tossed. 2 years valid from the day CS signs it.

 

[Silverwolf]

1. Yes.
2. Please take a look at page 4 of the I-134 Instructions for it says regarding that.

Thank you.

Regarding I-134. The asset is mine, I am not providing another person as the beneficiary and wasn’t planning to submit this form. Just bank statements and evaluations as evidence of finances.

Do you think I should provide this I-134 form with my I-485 and document package.


Thank you

 

[Kagen310]

I submitted a case inquiry under "Non-delivery of Notice" since the option to submit one using "case outside normal processing time" wasn't allowed yet. They replied to me via email today and said the following:

"Thank you for contacting USCIS concerning the above-referenced application. Below is a summary of what we have found. A review indicates that your application is pending within normal processing times. Processing time information can be found on the USCIS website at egov.uscis.gov/processing-times/. Once further action is taken, a notice will be sent to the address of record. Please continue to monitor the progress of your application on the USCIS website and feel free to submit a new inquiry if your application falls outside the posted processing times. We appreciate your continued patience."

1. The email came from USCIS Chicago FO. Does this confirm that they have my case and it is being processed at that office now? (as in it did not fall through the cracks?)

2. Regarding the congressional inquiry that mom suggested. Should I still do it or wait a bit now that I received this update from USCIS?

3. DV-based AOS processing time isn't listed on the USCIS website, so should I just wait until the 6-month time period is over (mine is currently running at the beginning of the sixth month)? I understand that I need to be patient. I didn't receive any updates for 5 months until now, hence my concerns.

I appreciate everyone's help in this forum!

 

[Sm1smom]

Thank you.

Regarding I-134. The asset is mine, I am not providing another person as the beneficiary and wasn’t planning to submit this form. Just bank statements and evaluations as evidence of finances.

Do you think I should provide this I-134 form with my I-485 and document package.


Thank you

Kindly take a look at the information already provided on the AOS Process Spreadsheet re Evidence of Financial Support, then use your own discretion after that in terms of if you should submit an I-134 or not.

 

[Silverwolf]

Kindly take a look at the information already provided on the AOS Process Spreadsheet re Evidence of Financial Support, then use your own discretion after that in terms of if you should submit an I-134 or not.

Thank you. I will just provide an evaluation of my asset as a supporting financial document without the form.

Also, I have a question, can you edit the I-485 form in pen by adding the "student" for question 25.a if the rest of the form was filled digitally.
And is there a requirement for the signature at the very end to be in black or blue ink?


Thank you greatly for the help.

 

[Sm1smom]

I submitted a case inquiry under "Non-delivery of Notice" since the option to submit one using "case outside normal processing time" wasn't allowed yet. They replied to me via email today and said the following:

"Thank you for contacting USCIS concerning the above-referenced application. Below is a summary of what we have found. A review indicates that your application is pending within normal processing times. Processing time information can be found on the USCIS website at egov.uscis.gov/processing-times/. Once further action is taken, a notice will be sent to the address of record. Please continue to monitor the progress of your application on the USCIS website and feel free to submit a new inquiry if your application falls outside the posted processing times. We appreciate your continued patience."

1. The email came from USCIS Chicago FO. Does this confirm that they have my case and it is being processed at that office now? (as in it did not fall through the cracks?)

2. Regarding the congressional inquiry that mom suggested. Should I still do it or wait a bit now that I received this update from USCIS?

3. DV-based AOS processing time isn't listed on the USCIS website, so should I just wait until the 6-month time period is over (mine is currently running at the beginning of the sixth month)? I understand that I need to be patient. I didn't receive any updates for 5 months until now, hence my concerns.

I appreciate everyone's help in this forum!

1. It confirms your case file is with your FO as it should have been - it does not confirm the case hadn't fallen through the cracks while waiting at the FO - cases can fall through the cracks at the FO.
2 & 3. Your call re if you should wait or proceed with the congressional inquiry. DV based cases do not follow the generic AOS processing time which is why we came up with the spreadsheet for monitoring DV based AOS cases in this forum. That is the reason I did not recommend submitting an online case inquiry with USCIS (an option I clearly was aware of).

 

[Sm1smom]

Thank you. I will just provide an evaluation of my asset as a supporting financial document without the form.

Also, I have a question, can you edit the I-485 form in pen by adding the "student" for question 25.a if the rest of the form was filled digitally.
And is there a requirement for the signature at the very end to be in black or blue ink?


Thank you greatly for the help.

You can do that if you like - as long as you are aware of the first rule of thumb when it comes to immigration process - never provide unsolicited information. Providing unsolicited information has been know to complicate issues/create more problems (when the person doing so thinks they are helping their case by doing so).

Yes, you can hand-print missing information. In black ink.

 

[2024 Houston]

Thanks @Plus19 for clearing this up! Indeed, the 60 day rule is tossed. 2 years valid from the day CS signs it.

Are you guys sure about it? i think i read in the past threads here that two year covid waiver is gone.

 

[Sm1smom]

Are you guys sure about it? i think i read in the past threads here that two year covid waiver is gone.

You do realize some of the things you're reading on past threads could possibly be outdated and no longer applicable? You should probably spend a bit more quality time going over the AOS Process Spreadsheet which we work towards updating on an ongoing basis. The medical report validity is covered on that tool, just so you know. As a matter of fact, the spreadsheet has a link to a USCIS Memo that delves more into this.

 

[Plus19]

Are you guys sure about it? i think i read in the past threads here that two year covid waiver is gone.

Yes. Here is the announcement dated 03/31/2023.

USCIS Removes 60-Day Rule for Civil Surgeon Signatures on Form I-693​

Release Date
03/31/2023
U.S. Citizenship and Immigration Services is removing the requirement that civil surgeons sign Form I-693, Report of Immigration Medical Examination and Vaccination Record, no more than 60 days before an individual applies for an underlying immigration benefit, including Form I-485, Application to Register Permanent Residence or Adjust Status. The requirement had been subject to a temporary waiver since Dec. 9, 2021.
This policy update will allow USCIS to adjudicate cases with immigration medical examinations that would previously have been considered invalid. Rather than issuing Requests for Evidence (RFEs) for Form I-693 signed more than 60 days before the filing of the I-485, but otherwise valid, we will be able to accept these Forms I-693 for adjudicative purposes for up to 2 years after the date the civil surgeon signed the form.
Applicants, civil surgeons, USCIS officers, federal partners, and other stakeholders have consistently expressed concern that this requirement is confusing and necessitates RFEs to be issued for otherwise valid Forms I-693. While the 60-day rule was intended (PDF, 168.6 KB) to enhance operational efficiency and reduce the need to request updated Forms I-693 from applicants, in practice these efficiencies have not been realized.
Civil surgeons no longer have to sign Form I-693 no more than 60 days before the underlying application for an immigration benefit is filed.
USCIS is publishing this change in policy in the policy manual consistent with the updated Form I-693 approved by OMB.
For more information, see the policy alert (PDF, 322.12 KB). Visit our Policy Manual Feedback page to comment on this update.

 

[rondon]

Hi mom,

I wanted your suggestion regarding unsolicitated evidence. We are in a dilemma whether we should include educational diplomas, income statements, and employment letters for my spouse (derivative applicant). Would this be considered unsolicitated evidence?

thank you.