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DV 2025 AOS (Adjustment of Status) Process Only

Roland ALB said:
Hello Sm1smom,

Me and my family came to USA in a B2 visas and after 6 months waiting, I have filed for asylum and have been in pending for 9 years. We had the asylum interview on USCIS on summer 2024 and the Immigration officer was not able to decide, and he has referred us to the Immigration Judge for Oct 2028.
On May 2024 my wife won the DV2025 lottery EU32xxx, and we did file DS260 on Dec 2024 online showing that we are going to AOS here. We have sent the KCC payment $330 each and got confirmation of payment on Feb 01, 2025.
Do you know any lawyer that had cases like mine with a successful result. If yes, I would like to connect. I have contacted many of them, but they only speak in general, and I don’t want someone that does not have experience following similar case as mine.

I appreciate your advice and guidance here in this forum.

Thanks,
Roland
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This is a DIY site. I'm sorry I do not provide lawyer recommendations.
 
Sm1smom said:
Has your husband used the TPS based EAD(C19) to undertake employment? If he has, it technically means his current status is TPS pending, and not even UHP as a matter of fact. So if the TPS application gets approved, then I don't see a problem with the subsequent AOS approval (after filing for AOS in April as planned. The AOS application will not be approved while the re-parole or TPS application is pending.
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He also has parole based EAD which is set to expire on Feb 24, 2025 along with his parole. So as for today he has two EADs.

So even though his TPS will still be pending (meaning he won’t have lawful status) at the time of filing I-485 in April, it shouldn’t be a problem as long as it gets approved after filing but before AOS adjudication?
 
Diana121 said:
He also has parole based EAD which is set to expire on Feb 24, 2025 along with his parole. So as for today he has two EADs.

So even though his TPS will still be pending (meaning he won’t have lawful status) at the time of filing I-485 in April, it shouldn’t be a problem as long as it gets approved after filing but before AOS adjudication?
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Correct.
 
Hi. After reading the FAQs, unique cases spreadsheet, and responses on this forum, I realized that early filing has risks. There is a sample (optional) cover letter which includes wording about why the AOS application is being submitted early, but it seems this is still being missed by some USCIS FO's (i.e., cases still being rejected or outright denied for early filing -- maybe they're not reading a long cover letter?).

To make it very simple and clear to the FO, I created the attached cover page for my case that I thought might help reduce the chances of an error when I submit my AOS package early. I wanted to get opinions on this cover page -- whether it would be useful or not....big, bold letters, pic of VB advance notification chart, etc. Thoughts?
 

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azatinusa said:
Hi. After reading the FAQs, unique cases spreadsheet, and responses on this forum, I realized that early filing has risks. There is a sample (optional) cover letter which includes wording about why the AOS application is being submitted early, but it seems this is still being missed by some USCIS FO's (i.e., cases still being rejected or outright denied for early filing -- maybe they're not reading a long cover letter?).

To make it very simple and clear to the FO, I created the attached cover page for my case that I thought might help reduce the chances of an error when I submit my AOS package early. I wanted to get opinions on this cover page -- whether it would be useful or not....big, bold letters, pic of VB advance notification chart, etc. Thoughts?
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Several selectees where successful doing early filing without the use of a cover letter as a matter of fact (considering adding a cover letter is optional), so it is not a case of rejection or denial due to “not reading a long cover letter”. So, honestly speaking, I haven’t bothered to take a look at your cover letter with the big, bold letters, etc. Use it if you feel comfortable/good with it, your case, your call.

p.s. word of caution when it comes to immigration “less is more”.
 
For applicant who submitted their case early October, is this the ideal time to request a congressional inquiry when case status is not updating?
 
Dear @Sm1smom , since the new tax records are available for 2024, should we take the new tax report of the applicant and the sponsor too, to the upcoming interviews ? Thank you.
 
Samapps said:
For applicant who submitted their case early October, is this the ideal time to request a congressional inquiry when case status is not updating?
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Have you compared your timeline to those from the same FO over the past couple of years as a starting point? If the FO is one of those that typically bunch up DV case adjudication towards the end of the year, initiating a congressional inquiry wouldn't be of much use (IMO) regardless how long ago the application was filed.
 
Sm1smom said:
Have you compared your timeline to those from the same FO over the past couple of years as a starting point? If the FO is one of those that typically bunch up DV case adjudication towards the end of the year, initiating a congressional inquiry wouldn't be of much use (IMO) regardless how long ago the application was filed.
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I'm still waiting too. Detroit FO. I have compared, and waiting +100 days after biometrics is not common. It feels like my case has been abandoned or something.
 
omarsn93 said:
I'm still waiting too. Detroit FO. I have compared, and waiting +100 days after biometrics is not common. It feels like my case has been abandoned or something.
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If your case is currently outside the timeline of past cases from your FO, then you should go ahead and initiate a congressional inquiry at this point. While you may be thinking your case "has been abandoned" by your FO (which I doubt is the case), the delay you're experiencing may actually have to do with you not having cleared the background check.
 
Sm1smom said:
If your case is currently outside the timeline of past cases from your FO, then you should go ahead and initiate a congressional inquiry at this point. While you may be thinking your case "has been abandoned" by your FO (which I doubt is the case), the delay you're experiencing may actually have to do with you not having cleared the background check.
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Hmm, by not clearing you mean there might be something in my records? I haven't done any violations or anything during my stay here.

Could it be because I'm from one of the banned countries (Syria)?
 
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omarsn93 said:
Hmm, by not clearing you mean there might be something in my records? I haven't done any violations or anything during my stay here.

Could it be because I'm from one of the banned countries (Syria)?
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Background check clearance goes beyond doing something wrong or having any violation in the US. It has to do with your entire background history, places you've been to in the past, your course of study, work experience, having a common name with someone who is already on the government watch, country of origin, etc. And yes, just being from Syria could be a reason. Getting information about an applicant from some countries is a lot harder than others simply because there's no good record keeping system from those countries, or the fact that government of those countries do not readily share information with the US government.
 
Sm1smom said:
Background check clearance goes beyond doing something wrong or having any violation in the US. It has to do with your entire background history, places you've been to in the past, your course of study, work experience, having a common name with someone who is already on the government watch, country of origin, etc. And yes, just being from Syria could be a reason. Getting information about an applicant from some countries is a lot harder than others simply because there's no good record keeping system from those countries, or the fact that government of those countries do not readily share information with the US government.
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So by "not clearing" in your earlier comment, do you mean they are still investigating and not necessarily that they found a red flag that could lead to rejection? If that's the case, then that's fine. I haven't been to Syria since 2010.

I also have a pending TPS application, and I just received my OPT EAD card. It took one month from the time I applied to when I received the card.

Also, how do I initiate a congressional inquiry?

Thank you.
 
Sm1smom said:
This is a DIY site. I'm sorry I do not provide lawyer recommendations.
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Do we have members that already seceded in similar cases? Do I have to drop my Asylum case (before going on interview) or I have to discuss that with the Immigration Officer on the interview day? Do I have to wait for their decision on the AOS first? I am confused already.
I appreciate everyone's help and experience here.
 
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