DV 2026 AOS (Adjustment of Status) Process Only
- Thread starter Sm1smom
- Start date
Yes, and every time I receive a confirmation that my edited response was recorded - but nothing in the spreadsheet changes.
Adding a new response helped, thank you! Please remove my old one.
DiversityVisa_26
New Member
Hello! How are u doing? I have a question: do you know whether people applying for AOS based on the DV lottery are still being placed in “AOS pending status” given the pause, or is it necessary to have another status throughout the process? I will start my OPT in May, and I wonder what happens if I don't find a job before the 90 days, but I already submitted my package before that happens. Thank you so much for your guidance!
Sm1smom
Super Moderator
1. Yes, adjudication of DV based AOS applications is currently still paused.
2. Maintaining a valid status while the application is pending is recommended.
p.s. number your questions when you have more than one per post to ensure appropriate response.
Sm1smom
Super Moderator
There’s a difference between package rejection and case denial. Please take a look at the FAQ tab of the AOS process spreadsheet.
Hi everyone!
Quick question for those following the DV-2026 litigation efforts. I noticed there are now two different initiatives from Red Eagle Law and IMMpact.
In a recent YouTube live, Brit Simon (@Britsimon ) hosted one of the IMMpact's attorneys, who briefly mentioned they are suing only the Department of State's policy and intentionally left the USCIS memo out -- because AOS pauses may be better challenged individually (especially in certain districts like CA, MA, or PA).
Did anyone else catch that part? If so, how are you interpreting it, and which route are you planning to take (group case with Red Eagle Law vs waiting vs individual mandamus)? Trying to understand the strategy implications for AOS applicants in tougher jurisdictions. Thanks in advance.
Quick question for those following the DV-2026 litigation efforts. I noticed there are now two different initiatives from Red Eagle Law and IMMpact.
In a recent YouTube live, Brit Simon (@Britsimon ) hosted one of the IMMpact's attorneys, who briefly mentioned they are suing only the Department of State's policy and intentionally left the USCIS memo out -- because AOS pauses may be better challenged individually (especially in certain districts like CA, MA, or PA).
Did anyone else catch that part? If so, how are you interpreting it, and which route are you planning to take (group case with Red Eagle Law vs waiting vs individual mandamus)? Trying to understand the strategy implications for AOS applicants in tougher jurisdictions. Thanks in advance.
I am personally thinking of joining Red Eagle Law for the AOS case. I have no idea yet about the individual mandamus you're mentioning about; we only have 7-8 months left, and waiting probably would be a waste of time IMO. Also, it seems like ImmpactLitigation is only targeting DOS for their lawsuit, so we only have Red Eagle as of now.
Thank you. The individual mandamus means going solo in a separate lawsuit but it is filed in the district court of where you live. That is why the district is important (you can watch the video on BritSimon's youtube).
Sm1smom
Super Moderator
Just be aware of the fact that filing a mandamus in this case may not necessarily lead to an approval. Mandamus is used to force case adjudication one way or the other, and since there’s a government pause on DV based AOS applications, USCIS can simply go ahead and deny the application in order to close out the case.
@Sm1smom considering Impact’s opinion that AOS may be more challenging to fight, and given USCIS can simply deny the application, does it follow that the likelihood of securing a DV visa now favors overseas embassy processing over AOS?
one of the advantages of AOS vs CP is the possibility to appeal. if one's case is "clean", i suspect the agency would rush into a bad faith decision that can be easily disputed
Sm1smom
Super Moderator
I can’t make a call on this one way or the other.
Sm1smom
Super Moderator
If USCIS claims the filed mandamus forced case adjudication while background check clearance was still pending led to the initial denial, this is not something that can be easily disputed.
Yes in general, there may be an option for filing a motion to reconsider if one can demonstrate their application was erroneously denied. However, the fact of the matter is that the MTR would still be filed with USCIS. If they’re determined to not approve the case, all they’ll need to do at that point would be to let the clock run out before making a decision on the MTR, since DV based cases can no longer be approved once the applicable FY is over.
How is consular processing different from AOS? If USCIS can pull these levers to delay AOS, can consular processing apply the same tactics?
thanks, that's very insightful.
do you think filing a FOIA, or even asking for a copy of the background check from the FBI, would provide more information on how solid/weak a case is?
Sm1smom
Super Moderator
To start with a CP denial is final, there’s no option of filing an appeal with the embassy/consulate.
For as long as the pause is in effect and there’s no judicial ruling overturning the pause, they do not need to do anything else outside of what is being currently done to stop CP cases from progressing. Also, one thing to note is the fact that the government can always appeal a judicial ruling that is not in their favor knowing that for as long as they’re fighting an unfavorable decision via an appeal, CP cases cannot be approved.
Sm1smom
Super Moderator
Not likely to be of help largely because of one major factor, TIME! Again, DV cases are time limited. A FOIA request could take anywhere from some days to several months to get processed. The response could be heavily redacted, without shedding any light on what the background check revealed - the reason for this could be categorized as a security risk.
While an applicant (or anyone) can always file a request directly with the FBI to request a copy of their identity criminal history (this is covered in the FAQ tab of the AOS processing spreadsheet by the way), the background check conducted as part of the immigration process is not limited to a FBI check. They conduct additional checks with other inter-agency criminal background and security checks.
Updating my response to add more re filing a mandamus since it is what has led to the follow-up questions and answers:
The assumption has always been that filing a mandamus leads to case adjudication because USCIS does not like fighting in court over a mandamus. I believe there have been instances where USCIS responded by going to court to fight the mandamus as against adjudicating a pending case. Since DV cases are currently paused based on instructions from the federal government, USCIS can decide to fight a DV based mandamus as against adjudicating and denying the case. Something to be aware of if you decide to go down the mandamus route.
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