DV 2024 AOS (Adjustment of Status) Process Only

[vpro]

Hi all,

Firstly, I would like to thank @Sm1smom for putting together such a useful spreadsheet that covers pretty much everything one can think of! I've read it through carefully and hopefully I'm not missing anything that would answer my questions below.

If I have to briefly explain my status, I'm a B1B2 holder, and am planning to travel to US around December. I've already submitted by DS-260. I understand I can apply for AOS if my CN become current while I'm in the US. My question is related to below FAQ.

I just want to confirm if I understand the following correctly. (2) If your AOS application is denied or not adjudciated by the end of the FY for one reason or the other (and your authorized stay has expired), you will be deemed out of status from when your authorized stay expired and could be facing a 3 or 10 year bar from the US depending on how long you were OOS for.

1. Does authorized stay here is limited to date that is put on the passport (where it says admitted until month/day/year)? I heard if one applies for AOS, the status automatically changes to pending until AOS is concluded. For example, let's say, the 6 months of stay that I was given at the POE expires as of May but my AOS process is still on going and I wanted to wait until the end of the FY, and my AOS is denied at the end and I immediately left US. Could I still be banned from the US or would that still make my current visa invalid?

2. If that is the case, would that affect my ability to obtain a visa in the future?
3. Would that affect my ability to get GC in the future if I'm ever selected again?

Thank you in advance!

 

[vpro]

Those analysis are already reflected on the spreadsheet, take another look. The CPO Ordered Date - LockBox Filing Date (column AF) for instance tells you how long it took each case from when the package was filled at the lockbox to when the case got approved (CPO is the first step for knowing when a case has been approved).

The spreadsheet is a Google file, contents automatically get saved.

p.s. - If you want to get an idea of how long your AOS process could be, you'll need to focus on your specific FO and not all cases in general as processing time varies from FO to FO.

This is exactly what I was trying to find out! Thank you. So, if I understand this correctly, CPO Ordered Date - LockBox Filing Date(Days), is showing the days passed between AOS bundle was received by the FO and the greencard production ordered. Could you please confirm if my understanding is correct?

 

[Sm1smom]

Hi all,

Firstly, I would like to thank @Sm1smom for putting together such a useful spreadsheet that covers pretty much everything one can think of! I've read it through carefully and hopefully I'm not missing anything that would answer my questions below.

If I have to briefly explain my status, I'm a B1B2 holder, and am planning to travel to US around December. I've already submitted by DS-260. I understand I can apply for AOS if my CN become current while I'm in the US. My question is related to below FAQ.

I just want to confirm if I understand the following correctly. (2) If your AOS application is denied or not adjudciated by the end of the FY for one reason or the other (and your authorized stay has expired), you will be deemed out of status from when your authorized stay expired and could be facing a 3 or 10 year bar from the US depending on how long you were OOS for.

1. Does authorized stay here is limited to date that is put on the passport (where it says admitted until month/day/year)? I heard if one applies for AOS, the status automatically changes to pending until AOS is concluded. For example, let's say, the 6 months of stay that I was given at the POE expires as of May but my AOS process is still on going and I wanted to wait until the end of the FY, and my AOS is denied at the end and I immediately left US. Could I still be banned from the US or would that still make my current visa invalid?

2. If that is the case, would that affect my ability to obtain a visa in the future?
3. Would that affect my ability to get GC in the future if I'm ever selected again?

Thank you in advance!

1. Your official authorized stay is based on what is listed on the I-90 issued to you upon your admission into the US. The period from the end of the listed authorized stay until the end of the FY when you eventually depart from the US (assuming AOS application is not approved by the end of the FY) is not ‘authorized stay’ - it is simply a period of stay that gets forgiven if the AOS application gets approved during that period.
2. Most likely yes. You will be deem at risk of overstaying again.
3. It should not, as long as you’re not under a 3 or 10 year bar from being admitted into the US (depending on the duration of the previous overstay).

 

[Sm1smom]

This is exactly what I was trying to find out! Thank you. So, if I understand this correctly, CPO Ordered Date - LockBox Filing Date(Days), is showing the days passed between AOS bundle was received by the FO and the greencard production ordered. Could you please confirm if my understanding is correct?

Correct.

 

[vpro]

You can forget about everything you've read regarding the 90 day rule or waiting for 90 days after entering the US before filing for AOS, because there's no such thing. Intent is usually determined at the POE, if you are eligible to file for AOS, you can do so as soon as you enter the US as the mythical 90 day rule is non-binding on USCIS. Of course the IO at the time of the interview can always follow up on what the intent was when one originally entered the US regardless of if you filed immediately or if you waited for 90 days before filing. So if you’re planning on entering the US on a NIV with the primary purpose of filing for AOS, the expectation is for that intent to be declared at the POE, if you’re admitted into the US following that declaration, then there’s no issue.

Do you know if there has been anyone in the forum before who has declared such intent at the POE? I would want to read experiences about that. If exists, should they be shared here or is there any other thread where people share experiences? Thanks!

 

[Sm1smom]

Do you know if there has been anyone in the forum before who has declared such intent at the POE? I would want to read experiences about that. If exists, should they be shared here or is there any other thread where people share experiences? Thanks!

Of course there isn’t. Or I should say, none that I know of. Such a declaration would lead to an immediate admission denial because a visitor visa is not intended to be used for circumventing the immigration process. AOS is intended for folks already based in the US who, due to a change in circumstances, made a decision to process AOS. It is not meant for folks entering the US with the preconceived intent of filing for AOS. That is what CP is for. I suggest you go through the FAQ section of the AOS Process Spreadsheet where you can gather a bit more insight into this.

 

[vpro]

1. Your official authorized stay is based on what is listed on the I-90 issued to you upon your admission into the US. The period from the end of the listed authorized stay until the end of the FY when you eventually depart from the US (assuming AOS application is not approved by the end of the FY) is not ‘authorized stay’ - it is simply a period of stay that gets forgiven if the AOS application gets approved during that period.
2. Most likely yes. You will be deem at risk of overstaying again.
3. It should not, as long as you’re not under a 3 or 10 year bar from being admitted into the US (depending on the duration of the previous overstay).

Thank you for the reply. I have never seen a I-90 form. Perhaps, it is not something they hand to me at the POE. But, I assume the date on that form would be the same as what is put on my passport, as in stamp "Admitted was Month/Day/year Class B1/B2 until Month/Day/year.

 

[vpro]

Of course there isn’t. Or I should say, none that I know of. Such a declaration would lead to an immediate admission denial because a visitor visa is not intended to be used for circumventing the immigration process. AOS is intended for folks already based in the US who, due to a change in circumstances, made a decision to process AOS. It is not meant for folks entering the US with the preconceived intent of filing for AOS. That is what CP is for. I suggest you go through the FAQ section of the AOS Process Spreadsheet where you can gather a bit more insight into this.

Perfect! Thank you for clarifying!

 

[Sm1smom]

Thank you for the reply. I have never seen a I-90 form. Perhaps, it is not something they hand to me at the POE. But, I assume the date on that form would be the same as what is put on my passport, as in stamp "Admitted was Month/Day/year Class B1/B2 until Month/Day/year.

Actually that should be an I-94, and not an I-90. It used to be issued as paper form in the past, it is now only available online - see link below for retrieving an I-94.

Yes it is similar to what is stamped on the passport, however the official source is what is listed on the I-94 as there could sometimes be a discrepancy between what is stamped on the passport and what is listed online on the I-94.

I94 - Official Website

i94.cbp.dhs.gov

 

[vpro]

Referring to below FAQ, I would like to ask for opinion for a potential recommendation.



Could one just add a copy of the memo to the AOS package to overcome any misunderstandings to eventually prevent mistaken denials in the FOs? Just wanted to hear your opions around that. Thank you.

 

[vpro]

Actually that should be an I-94, and not an I-90. It used to be issued as paper form in the past, it is now only available online - see link below for retrieving an I-94.

Yes it is similar to what is stamped on the passport, however the official source is what is listed on the I-94 as there could sometimes be a discrepancy between what is stamped on the passport and what is listed online on the I-94.

That is helpful to know. Thank you.

 

[Sm1smom]

Referring to below FAQ, I would like to ask for opinion for a potential recommendation.

View attachment 4415

Could one just add a copy of the memo to the AOS package to overcome any misunderstandings to eventually prevent mistaken denials in the FOs? Just wanted to hear your opions around that. Thank you.

Including the memo in the AOS package hasn’t prevented cases that got rejected or denied in the past.

 

[OlenaK]

[NEED ADVICE]

Given: Won in DV lottery 2024, case number - in the first thousand. We consulted with three lawyers - they all said in one word that our case is excellent, we are going through Adjustment of status, and especially since the number is small, we are applying in the first place. This means we chose a lawyer, prepared all the documents, paid a fee in Kentucky of $330, pay all required fees, showing our intention to participate, the list of the first case numbers for DV2024 was announced in August 2023, our documents were sent in early September (the lawyer assured that early filing works accurately, it is allowed for 1-2 months before case number becomes current) . Receipt notice for I-485 form was received on September 15th. And then at the beginning of October we got a letter from USCIS with Denial because the officer decided that this is an application for participation in DV2023 and accordingly writes that dv visas for DV2023 have been exhausted. (attached photo copy of the denial). We are shocked!!! That is, as I understand it, the officer, without even opening the documents, only saw the receipt notice date, decided that we were participating in dv2023, and not dv2024.
The lawyer says it was the clear rough officer's mistake. And they suggested filing a complaint and help request to the ombudsmen with a request to reopen the case free of charge. The denial letter states that I may file I-290B form, but it costs money. In general, we’ve been waiting for two weeks now and still no response from the ombudsman. The time limit for an appeal is limited to 30 days, which means we should file it ASAP. Finally I found your great forum!! Please help to choose next valid steps.
Questions:
1. Has anyone encountered a similar situation when filing I-485 for winning the DV lottery and did the appeal help you? It confuses me that having received an appeal, can’t USCIS find fault with the fact that it was impossible to file before October 1st? But the lawyer says that they will attach a memo to the appeal stating that this can be done.
Attached a file:
Policy Memorandum
SUBJECT: Acceptance of Diversity Visa-Related I-485 Applications During the Advance Notification Period Reflected in the Visa Bulletin

2. Is there any experience of successful assistance from an ombudsman?
3. Do you suggest to file I-290B or is it a waste of money and time in my particular case ?
3. Do you recommend simply re-submitting I-485 since an appeal is possible and often fails (the only downside is paying all the fees again)?
4. How does an appeal work? Is it some kind of long queue and they don’t see that this is for the dv lottery case and there are limited deadlines? How long can I wait for a response on my appeal?
5. If I submit an I-290B form in response to a denial of I-485, should it be 'motion to reopen' or 'motion to reconsider' or 'motion to reopen and a motion to reconsider' in my particular case?
Thank you very much for your advice and any feedback!!!

 

[rondon]

[NEED ADVICE]

Given: Won in DV lottery 2024, case number - in the first thousand. We consulted with three lawyers - they all said in one word that our case is excellent, we are going through Adjustment of status, and especially since the number is small, we are applying in the first place. This means we chose a lawyer, prepared all the documents, paid a fee in Kentucky of $330, pay all required fees, showing our intention to participate, the list of the first case numbers for DV2024 was announced in August 2023, our documents were sent in early September (the lawyer assured that early filing works accurately, it is allowed for 1-2 months before case number becomes current) . Receipt notice for I-485 form was received on September 15th. And then at the beginning of October we got a letter from USCIS with Denial because the officer decided that this is an application for participation in DV2023 and accordingly writes that dv visas for DV2023 have been exhausted. (attached photo copy of the denial). We are shocked!!! That is, as I understand it, the officer, without even opening the documents, only saw the receipt notice date, decided that we were participating in dv2023, and not dv2024.
The lawyer says it was the clear rough officer's mistake. And they suggested filing a complaint and help request to the ombudsmen with a request to reopen the case free of charge. The denial letter states that I may file I-290B form, but it costs money. In general, we’ve been waiting for two weeks now and still no response from the ombudsman. The time limit for an appeal is limited to 30 days, which means we should file it ASAP. Finally I found your great forum!! Please help to choose next valid steps.
Questions:
1. Has anyone encountered a similar situation when filing I-485 for winning the DV lottery and did the appeal help you? It confuses me that having received an appeal, can’t USCIS find fault with the fact that it was impossible to file before October 1st? But the lawyer says that they will attach a memo to the appeal stating that this can be done.
Attached a file:
Policy Memorandum
SUBJECT: Acceptance of Diversity Visa-Related I-485 Applications During the Advance Notification Period Reflected in the Visa Bulletin

2. Is there any experience of successful assistance from an ombudsman?
3. Do you suggest to file I-290B or is it a waste of money and time in my particular case ?
3. Do you recommend simply re-submitting I-485 since an appeal is possible and often fails (the only downside is paying all the fees again)?
4. How does an appeal work? Is it some kind of long queue and they don’t see that this is for the dv lottery case and there are limited deadlines? How long can I wait for a response on my appeal?
5. If I submit an I-290B form in response to a denial of I-485, should it be 'motion to reopen' or 'motion to reconsider' or 'motion to reopen and a motion to reconsider' in my particular case?
Thank you very much for your advice and any feedback!!!

I am sure mom has the answer ( I have read somewhere within this very forum that IO could get confused with the year when early filing before the FY starts, just cannot pin point where I read it). Fire your lawyer and file it ourself. Everything you need is right here in this forum.

 

[nervouswreck]

[NEED ADVICE]

Given: Won in DV lottery 2024, case number - in the first thousand. We consulted with three lawyers - they all said in one word that our case is excellent, we are going through Adjustment of status, and especially since the number is small, we are applying in the first place. This means we chose a lawyer, prepared all the documents, paid a fee in Kentucky of $330, pay all required fees, showing our intention to participate, the list of the first case numbers for DV2024 was announced in August 2023, our documents were sent in early September (the lawyer assured that early filing works accurately, it is allowed for 1-2 months before case number becomes current) . Receipt notice for I-485 form was received on September 15th. And then at the beginning of October we got a letter from USCIS with Denial because the officer decided that this is an application for participation in DV2023 and accordingly writes that dv visas for DV2023 have been exhausted. (attached photo copy of the denial). We are shocked!!! That is, as I understand it, the officer, without even opening the documents, only saw the receipt notice date, decided that we were participating in dv2023, and not dv2024.
The lawyer says it was the clear rough officer's mistake. And they suggested filing a complaint and help request to the ombudsmen with a request to reopen the case free of charge. The denial letter states that I may file I-290B form, but it costs money. In general, we’ve been waiting for two weeks now and still no response from the ombudsman. The time limit for an appeal is limited to 30 days, which means we should file it ASAP. Finally I found your great forum!! Please help to choose next valid steps.
Questions:
1. Has anyone encountered a similar situation when filing I-485 for winning the DV lottery and did the appeal help you? It confuses me that having received an appeal, can’t USCIS find fault with the fact that it was impossible to file before October 1st? But the lawyer says that they will attach a memo to the appeal stating that this can be done.
Attached a file:
Policy Memorandum
SUBJECT: Acceptance of Diversity Visa-Related I-485 Applications During the Advance Notification Period Reflected in the Visa Bulletin

2. Is there any experience of successful assistance from an ombudsman?
3. Do you suggest to file I-290B or is it a waste of money and time in my particular case ?
3. Do you recommend simply re-submitting I-485 since an appeal is possible and often fails (the only downside is paying all the fees again)?
4. How does an appeal work? Is it some kind of long queue and they don’t see that this is for the dv lottery case and there are limited deadlines? How long can I wait for a response on my appeal?
5. If I submit an I-290B form in response to a denial of I-485, should it be 'motion to reopen' or 'motion to reconsider' or 'motion to reopen and a motion to reconsider' in my particular case?
Thank you very much for your advice and any feedback!!!

See the picture about early filing above (point 1) https://forums.immigration.com/thre...nt-of-status-process-only.346971/post-2611855

 

[Sm1smom]

[NEED ADVICE]

Given: Won in DV lottery 2024, case number - in the first thousand. We consulted with three lawyers - they all said in one word that our case is excellent, we are going through Adjustment of status, and especially since the number is small, we are applying in the first place. This means we chose a lawyer, prepared all the documents, paid a fee in Kentucky of $330, pay all required fees, showing our intention to participate, the list of the first case numbers for DV2024 was announced in August 2023, our documents were sent in early September (the lawyer assured that early filing works accurately, it is allowed for 1-2 months before case number becomes current) . Receipt notice for I-485 form was received on September 15th. And then at the beginning of October we got a letter from USCIS with Denial because the officer decided that this is an application for participation in DV2023 and accordingly writes that dv visas for DV2023 have been exhausted. (attached photo copy of the denial). We are shocked!!! That is, as I understand it, the officer, without even opening the documents, only saw the receipt notice date, decided that we were participating in dv2023, and not dv2024.
The lawyer says it was the clear rough officer's mistake. And they suggested filing a complaint and help request to the ombudsmen with a request to reopen the case free of charge. The denial letter states that I may file I-290B form, but it costs money. In general, we’ve been waiting for two weeks now and still no response from the ombudsman. The time limit for an appeal is limited to 30 days, which means we should file it ASAP. Finally I found your great forum!! Please help to choose next valid steps.
Questions:
1. Has anyone encountered a similar situation when filing I-485 for winning the DV lottery and did the appeal help you? It confuses me that having received an appeal, can’t USCIS find fault with the fact that it was impossible to file before October 1st? But the lawyer says that they will attach a memo to the appeal stating that this can be done.
Attached a file:
Policy Memorandum
SUBJECT: Acceptance of Diversity Visa-Related I-485 Applications During the Advance Notification Period Reflected in the Visa Bulletin

2. Is there any experience of successful assistance from an ombudsman?
3. Do you suggest to file I-290B or is it a waste of money and time in my particular case ?
3. Do you recommend simply re-submitting I-485 since an appeal is possible and often fails (the only downside is paying all the fees again)?
4. How does an appeal work? Is it some kind of long queue and they don’t see that this is for the dv lottery case and there are limited deadlines? How long can I wait for a response on my appeal?
5. If I submit an I-290B form in response to a denial of I-485, should it be 'motion to reopen' or 'motion to reconsider' or 'motion to reopen and a motion to reconsider' in my particular case?
Thank you very much for your advice and any feedback!!!

This is a perfect example of while I keep recommending for folks whose CNs become current in Oct (and Nov to an extent) to be extremely careful with utilizing the early filing option before their applicable FY begins. The Lockboxes and the FOs are busy dealing with the current FY and are not expecting to see applications for the next FY

Should be choose to file an I-290B, that will be a motion to reconsider as your filing will be based on a claim of incorrect application of law or policy to the prior decision and frankly speaking, your lawyer should know the difference between the two. Anyway, my recommendation is to simply file a new AOS. Just bear in mind you’ll need to include sealed medical report with your new filing. That’s your best way forward IMHO.

On a side note, do you have derivative(s) filing AOS with you or it is just you? I noticed you kept stating “we” “we” “we”, and they stated you made the $330 payment (which is for one person) to KCC.

 

[OlenaK]

This is a perfect example of while I keep recommending for folks whose CNs become current in Oct (and Nov to an extent) to be extremely careful with utilizing the early filing option before their applicable FY begins. The Lockboxes and the FOs are busy dealing with the current FY and are not expecting to see applications for the next FY

Should be choose to file an I-290B, that will be a motion to reconsider as your filing will be based on a claim of incorrect application of law or policy to the prior decision and frankly speaking, your lawyer should know the difference between the two. Anyway, my recommendation is to simply file a new AOS. Just bear in mind you’ll need to include sealed medical report with your new filing. That’s your best way forward IMHO.

On a side note, do you have derivative(s) filing AOS with you or it is just you? I noticed you kept stating “we” “we” “we”, and they stated you made the $330 payment (which is for one person) to KCC.

Thank you for your reply! We are a family of three (me as a main applicant, and my husband + daughter). We paid 3x$330 to KCC.
From your experience, if does it make sense to wait for any help from Ombudsmen ? Is I-290B usually reviewed longer than I-485 ? Have you heard about successfull I-290B review ?

 

[Sm1smom]

Thank you for your reply! We are a family of three (me as a main applicant, and my husband + daughter). We paid 3x$330 to KCC.
From your experience, if does it make sense to wait for any help from Ombudsmen ? Is I-290B usually reviewed longer than I-485 ? Have you heard about successfull I-290B review ?

I already informed you of what I think makes sense - file new I-485s! Yes I realize there’s the additional costs tied to filing new applications, that however is what I believe makes sense from experience.

However if you wish to wait for the ombudsman’s outcome, you can certainly do that, provided you’re ready to seat on pins and needles for what could potentially be a couple of months while wondering what the outcome could be.

Same thing with filing a motion to reconsider. You’ll first need to wait for about 60 to 90 days (if you’re lucky) for USCIS to approve the motion to reconsider filing. If the motion to reconsider is approved, then the process of re-adjudicating the I-485 starts afresh and this could be an additional couple of months.

If you’re able to convince your lawyer to get you inside your FO (assuming he/she has enough clout to do so), then you both may be able to speak with the supervisor in person about your erroneous denial and convince them to reopen the case without making any further payment. A rather slim chance but worth pursuing.

 

[Sm1smom]

Thank you for your reply! We are a family of three (me as a main applicant, and my husband + daughter). We paid 3x$330 to KCC.
From your experience, if does it make sense to wait for any help from Ombudsmen ? Is I-290B usually reviewed longer than I-485 ? Have you heard about successfull I-290B review ?

You could also try congressional assistance by the way. Your congressman’s office may be willing to help contact your FO to point out your case was wrongly denied as a DV2023 case when it is a DV2024 case. This has worked in the past, it led to the case being re-opened and re-adjudicated without any additional cost.

 

[OlenaK]

You could also try congressional assistance by the way. Your congressman’s office may be willing to help contact your FO to point out your case was wrongly denied as a DV2023 case when it is a DV2024 case. This has worked in the past, it led to the case being re-opened and re-adjudicated without any additional cost.

That is I want to try tomorrow. I googled two congressmen based on my zip code. I would appreciate your additional suggestions:
1. I will send an email and will go to their offices directly next day. I'm going to try to kindly push them due to lack of time for appeal. Do you believe is it possible to persuade them to email/call to FO supervisor during the week ?
2. Did I understand correctly that it makes sense to get congressional assistance while an appeal window with 30 days is opened ?
3. How usually people get known that congressional assistance helped and the case is re-opened?

Note I forgot to write up: I still see the record that my existing fingerprints will be used (dated by September 17th) in the USCIS account. Nothing more.