DV 2025 AOS (Adjustment of Status) Process Only

[Sm1smom]

Hi Mom,

Again, I'm very sorry for being annoying.

I've received a response from U.S. Consulate General Frankfurt. Since I asked if they could request my case from USCIS, they just responded that Adjustment of Status cases can only be processed within the US. I don't think the person responding to our inquiry was familiar with the process you described earlier. I will try to clarify.

I also emailed KCC explaining our situation and that our case is on hold with USCIS. Their response in attached. They did mention that if we had our interview scheduled we need to ask the consulate to request our case, but I think they were talking about transferring between consulates. It is somewhat hard to get clarity from them, while also acknowledging all the time that I don't want them to do anything just yet...

The response you got from the embassy is accurate. The option I indicated you may be able to explore is not a defined or normal process, You might want to read what I wrote again as it is conditional on certain factors falling in place (not a guaranteed process) as in:

So since the KCC already forwarded your KCC file to your IO, they can no longer schedule you for a CP interview AFAIK. However, if you're (1) able to directly reach out to the embassy you're hoping to interview with, (2) explain your situation, (3) {if you're able to} convince them to take on your case, (4) {if you're able to} get them to request your KCC file from your USCIS FO, and (5) {if you're able to} schedule your CP interview, - then you may have a shot at switching over to CP.

The typical process is for a selectee to select one option and stick with it once the process gets initiated. In your case, you've not only filed for AOS, you actually already got interviewed.

Honestly speaking, switching to CP at this point is not guaranteed. As a matter of fact, I've never come across any such case as this. The only slightly similar (singular case) I can recall of someone switching from AOS to CP, after filing for AOS was that of a selectee with dual citizenship (Canada and that of their country of birth). There was like 2 to 3 days or so left in the FY, their FO was not scheduling interview, and this guy (while away on a business trip) walked into the US embassy in Montreal to plead for them to accept his case. The embassy took on the case, moved mountains to get the case file from the FO, scheduled the interview on the last day of the FY and subsequently approved the application.

 

[enaykey]

part 1 item 6 (sex change)
part 9 public charge paragraph
part 9 item 28 (wording)
part 9 item 39 (wording)
part 9 item 73 (wording)
part 9 item 84a 84b (wording)

other than these, have you noticed any other changes on the new i-485 form?

 

[MaryJks]

The response you got from the embassy is accurate. The option I indicated you may be able to explore is not a defined or normal process, You might want to read what I wrote again as it is conditional on certain factors falling in place (not a guaranteed process) as in:


The typical process is for a selectee to select one option and stick with it once the process gets initiated. In your case, you've not only filed for AOS, you actually already got interviewed.

Honestly speaking, switching to CP at this point is not guaranteed. As a matter of fact, I've never come across any such case as this. The only slightly similar (singular case) I can recall of someone switching from AOS to CP, after filing for AOS was that of a selectee with dual citizenship (Canada and that of their country of birth). There was like 2 to 3 days or so left in the FY, their FO was not scheduling interview, and this guy (while away on a business trip) walked into the US embassy in Montreal to plead for them to accept his case. The embassy took on the case, moved mountains to get the case file from the FO, scheduled the interview on the last day of the FY and subsequently approved the application.

Understood, thank you. People in similar situation as I am (there are many) seem to be getting positive answers from KCC. None of them have had their interview already, but a lot of people had their interview canceled when the memo came out.

I've walked into USCIS FO today and was able to speak to our IO. They still didn't receive any specific guidance from USCIS HQ but he was able to confirm that due to the Memo, everything is on pause. I explained that I might consider CP, and he said that my case is on his table and he is happy to hand over anything that is requested. The issue with our KCC file turns out not to be an issue. It's just that since we have married after the selection the principal applicant has a photo, and derivative does not, and that is not something IO has seen before. In any case, didn't seem like that's an issue, everything else is there.

My plan for now is to wait for Tier 2 call, response to Senator's office inquiry and try to switch to CP in April if situation doesn't change. Can't I just ask KCC to consider my AOS withdrawn and just start everything over?

 

[mojo05]

Hello Forum Members,

I am seeking advice on the Adjustment of Status (AOS) process for my family under the Diversity Visa (DV) program. My Father is principle applicant and I'm their derivative beneficiary, just turned 21 on feb 2. From what I've seen online I'm protected by the CSPA. But my main concern is that I'm already in the USA under F1 visa, have maintained a valid status so far.. Our DV case number is expected to become current in March 2025. My question is that I would like to file for AOS here in the States without having to go back to my home country for an interview. Can this be done ? What do my parents have to provide or say in the interview ?

I would appreciate any advice in this situation. Thank you

 

[SusieQQQ]

Hello Forum Members,

I am seeking advice on the Adjustment of Status (AOS) process for my family under the Diversity Visa (DV) program. My Father is principle applicant and I'm their derivative beneficiary, just turned 21 on feb 2. From what I've seen online I'm protected by the CSPA. But my main concern is that I'm already in the USA under F1 visa, have maintained a valid status so far.. Our DV case number is expected to become current in March 2025. My question is that I would like to file for AOS here in the States without having to go back to my home country for an interview. Can this be done ? What do my parents have to provide or say in the interview ?

I would appreciate any advice in this situation. Thank you

The short version is it’s doable but somewhat complicated and not without risk that you won’t get it done in time. Would recommend you attend the interview with your family.

Btw March visa bulletin numbers are published so not sure what you mean by “expect” to get current in March, you should know definitively whether or not you are.

 

[mojo05]

The short version is it’s doable but somewhat complicated and not without risk that you won’t get it done in time. Would recommend you attend the interview with your family.

Btw March visa bulletin numbers are published so not sure what you mean by “expect” to get current in March, you should know definitively whether or not you are.

Interview is scheduled for March 20 in my home country but since My classes are going on and it's middle of the semester I plan to file i-485. Do you have any suggestions on how to prepare for the interview for my parents ?

 

[Sm1smom]

Understood, thank you. People in similar situation as I am (there are many) seem to be getting positive answers from KCC. None of them have had their interview already, but a lot of people had their interview canceled when the memo came out.

I've walked into USCIS FO today and was able to speak to our IO. They still didn't receive any specific guidance from USCIS HQ but he was able to confirm that due to the Memo, everything is on pause. I explained that I might consider CP, and he said that my case is on his table and he is happy to hand over anything that is requested. The issue with our KCC file turns out not to be an issue. It's just that since we have married after the selection the principal applicant has a photo, and derivative does not, and that is not something IO has seen before. In any case, didn't seem like that's an issue, everything else is there.

My plan for now is to wait for Tier 2 call, response to Senator's office inquiry and try to switch to CP in April if situation doesn't change. Can't I just ask KCC to consider my AOS withdrawn and just start everything over?

I don’t think there’s a number for calling KCC, your communication with them will have to be by mail AFAIK.

I’m not sure there’s anything new a Tier 2 personnel can tell you that will shed more light on your case than what the IO assigned to your case has already told you though. However I encourage you to keep trying whatever you can to hopefully help you resolve this.

 

[Sm1smom]

Interview is scheduled for March 20 in my home country but since My classes are going on and it's middle of the semester I plan to file i-485. Do you have any suggestions on how to prepare for the interview for my parents ?

If you’re planning on filing AOS as FTJ, your parents must successfully complete their CP interview, get their visa issued and enter the US on their IV (be admitted as LPR) before you can file for AOS.

 

[azatinusa]

Next week, I'm looking forward to the visa bulletin for April 2025, in which I expect my CN will become current for May 1 in the advance notification chart of the bulletin. I did not submit a DS-260, but I have paid the DV admin fee of $330 (2NL received). I am getting ready to file my 2024 federal tax return (1040NR) as an F1 student. This filing will be before I submit my AOS package later in March.

For my 2024 tax return, my accountant asked me to complete IRS Form 13614-NR (Nonresident Alien Intake and Interview Sheet) to determine tax residency and other things. One question asks if you have an LPR change in status application pending.

Am I right that only the action of submitting the I-485 or DS-260 triggers a 'yes' answer here? I.e., just paying the DV admin fee is not an application to change status. So I plan to answer 'no', given the status of my AOS package at the time of filing my tax return this week.

 

[Sm1smom]

Next week, I'm looking forward to the visa bulletin for April 2025, in which I expect my CN will become current for May 1 in the advance notification chart of the bulletin. I did not submit a DS-260, but I have paid the DV admin fee of $330 (2NL received). I am getting ready to file my 2024 federal tax return (1040NR) as an F1 student. This filing will be before I submit my AOS package later in March.

For my 2024 tax return, my accountant asked me to complete IRS Form 13614-NR (Nonresident Alien Intake and Interview Sheet) to determine tax residency and other things. One question asks if you have an LPR change in status application pending.

Am I right that only the action of submitting the I-485 or DS-260 triggers a 'yes' answer here? I.e., just paying the DV admin fee is not an application to change status. So I plan to answer 'no', given the status of my AOS package at the time of filing my tax return this week.

View attachment 6195

Correct.

 

[MaryJks]

I don’t think there’s a number for calling KCC, your communication with them will have to be by mail AFAIK.

I’m not sure there’s anything new a Tier 2 personnel can tell you that will shed more light on your case than what the IO assigned to your case has already told you though. However I encourage you to keep trying whatever you can to hopefully help you resolve this.

Yeap, and it seems like KCC standard response is: "if you really want to switch, officially notify us". Here is a response someone else in my situation got:

 

[Sm1smom]

Yeap, and it seems like KCC standard response is: "if you really want to switch, officially notify us". Here is a response someone else in my situation got:
View attachment 6196

Giving boiler plate response to email questions is a standard practice for KCC unfortunately.

 

[faith25]

Good evening ,Are the lockbox locations specified in this form correct for AOS? Which address should we send it to from Florida?

 

[Sm1smom]

Yeap, and it seems like KCC standard response is: "if you really want to switch, officially notify us". Here is a response someone else in my situation got:
View attachment 6196

By the way, you may want to google this guy - Jim Hacking III - and visit his website. Looks like he’s gearing to file a class action lawsuit for folks in similar situations such as yourself.

I don’t typically post information about other immigration lawyers on this platform considering we’re hosted here by an immigration lawyer, but I’m making an exception in this case because of the dire circumstances.

 

[Sm1smom]

Good evening ,Are the lockbox locations specified in this form correct for AOS? Which address should we send it to from Florida?

Open the below link, scroll down to the box in it to locate the Lockbox address for your State of residence:

USCIS Lockbox Filing Locations Chart for Certain Family-Based Forms | USCIS

Use this table to determine which USCIS lockbox you should send certain family-based forms based on your reason for filing, eligibility category, and where you live.

www.uscis.gov

 

[MaryJks]

By the way, you may want to google this guy - Jim Hacking III - and visit his website. Looks like he’s gearing to file a class action lawsuit for folks in similar situations such as yourself.

I don’t typically post information about other immigration lawyers on this platform considering we’re hosted here by an immigration lawyer, but I’m making an exception in this case because of the dire circumstances.

Thanks Mom, I really appreciate you.

I'm already in contact with Jim. It seems like they want to move pretty fast, and I don't think I understand all of the implications, especially if we are still considering CP and we might be able to directly connect with one of the embassies. I understand that it's a gamble either way.

As an update, my senator's office got a response from USCIS this morning. It confirmed that due to directive from Deputy Director of USCIS our case is on adjudicative hold. No resolution steps or timelines.

 

[Sm1smom]

Thanks Mom, I really appreciate you.

I'm already in contact with Jim. It seems like they want to move pretty fast, and I don't think I understand all of the implications, especially if we are still considering CP and we might be able to directly connect with one of the embassies. I understand that it's a gamble either way.

As an update, my senator's office got a response from USCIS this morning. It confirmed that due to directive from Deputy Director of USCIS our case is on adjudicative hold. No resolution steps or timelines.

What this current administration is doing regarding legal immigration is quite sad, especially with certain countries. I believe they're now planning on revoking the approved HP for Ukrainians, Cubans, Haitians, Nicaraguans, and Venezuelans in a short while.

On a side note, as part of the legal immigration crackdown, I'm expecting the definition of public charge to be revised in alignment with was put in place during this administration's previous time in the office.

 

[SusieQQQ]

What this current administration is doing regarding legal immigration is quite sad, especially with certain countries. I believe they're now planning on revoking the approved HP for Ukrainians, Cubans, Haitians, Nicaraguans, and Venezuelans in a short while.

On a side note, as part of the legal immigration crackdown, I'm expecting the definition of public charge to be revised in alignment with was put in place during this administration's previous time in the office.

(I wish there was something other than a “like” option for posts)

 

[MaryJks]

What this current administration is doing regarding legal immigration is quite sad, especially with certain countries. I believe they're now planning on revoking the approved HP for Ukrainians, Cubans, Haitians, Nicaraguans, and Venezuelans in a short while.

On a side note, as part of the legal immigration crackdown, I'm expecting the definition of public charge to be revised in alignment with was put in place during this administration's previous time in the office.

It is very sad, and we are lucky to be in a somewhat better circumstances than many of the people I interact with daily. At least, for now.


I just got a response from Montreal. They are asking for proof of ability to Travel to Canada and remain there for reasonable processing time, which I think our visa satisfies. I'm really tempted to go for it.

 

[SusieQQQ]

It is very sad, and we are lucky to be in a somewhat better circumstances than many of the people I interact with daily. At least, for now.


I just got a response from Montreal. They are asking for proof of ability to Travel to Canada and remain there for reasonable processing time, which I think our visa satisfies. I'm really tempted to go for it.

That’s promising. Good luck.