DV2008--AOS only

[santay]

I am talking about AOS process for DV applicants. This thread is very specific to AOS applicants only. You need to read the topic name.[/QUOTE]

I read the topic and I'm doing AOS too,I called KCC and told them I wanna do AOS,they told me to send the forms back even though am doing AOS,I just needed to indicate that I want AOS by writing "BCIS" on DSP 122!!!So where did you get that it's a problem to return the forms to KCC if you're doing AOS?
Other people who are doing AOS(I'm talking about 2008 winners) some returned their forms to KCC and there was no problem.

That's why am asking what are you talking about!! coz it seems you have different info and sounds very confident in your reply,that sending forms back could be a fatal decision!!!???

 

[raevsky]

Yes, I am VERY confident.

Read this.
http://www.immigrationtest.org/immigrationgreencard.html

Is it possible to simultaneously do BOTH consular processing AND adjustment of status?

The question often arises over whether it is possible to seek an immigration green card through BOTH consular processing and adjustment of status simultaneously. The question is controversial. There is no statutory bar to processing both ways, but the INS takes the position that if it learns that one is pursuing an immigration green card through both consular processing and adjustment of status at the same time, it will consider an adjustment application abandoned.

This would typically arise when someone is in the process of adjusting status and files a request with the INS to cable an approval notice to a consulate to initiate consular processing. However, the issue will typically not arise in the reverse circumstances – when one begins with consular processing and then decides to pursue adjustment of status.

As I said, sending DS-230 indicates an intend to proceed with CP (because DS-230 is not a part of AOS process, but is a part of CP). And marking BCIS in DSP-122 is a request to start AOS. Mixing those two ways is not a good idea.

 

[plus07]

As I already mentioned it will be a BIG BIG mistake to send DS-230 forms if you intend to do AOS. Could be a fatal one.

DS-230 is a valid step in CP process (but is not part of AOS process).
I-485 is a valid step in AOS process (but is not part of CP process).
Sending DS-230 means an intend to do CP vs AOS. Saying on DSP-122 you want AOS or sending I-485 means moving forward into AOS direction. Sending DS-230 means moving forward to CP direction. Doing both at the same time might disqualify your AOS case (but that will be harmless for CP). Especially if you send I-485 first, DS-230 after that or close to that date, that would most likely disqualify your AOS case if they decide to proceed with CP instead.

The letter has an error, if it says that unconditionally. It could say that under condition of consular processing, though.

You don't seem to know what you are talking about. What you posted above is pure speculation and incorrect.

• For DV-2008 AOS, the letter says to send DSP-122 to KCC. The letter is ambigous on whether DS-230 should also be sent.
  
• Many DV-2008 winners, including myself, have sent DSP-122 indicating AOS and have included DS-230 just in case.
  
• Then I received a letter from KCC saying "thank you for informing us of your intention to apply for AOS" and some other information.
  
• After that, when my number became current, I filed for AOS and included a copy of this letter in the AOS package.

It is a good idea to sent the forms back to KCC as soon as possible so that you will have time to receive a confirmation letter from KCC. This minimizes the chance of a confusion at KCC or USCIS.

DV-2009 AOS applications should read the instructions in their letters carefully, as procedures may have changed from DV-2008 AOS.

 

[plus07]

I am talking about AOS process for DV applicants. And AOS procedure differs a lot from CP procedure. Do not mix them. This thread is very specific to AOS applicants only. You need to have read the topic name beforehands.

You have a history of providing completely wrong information, and being rude at the same time.

This is a forum where people help each other based on what they know and in a polite way.

 

[raevsky]

You don't seem to know what you are talking about. What you posted above is pure speculation and incorrect

unfortunately and regretfully, would be right regarding your posting.

* For DV-2008 AOS, the letter says to send DSP-122 to KCC. The letter is ambigous on whether DS-230 should also be sent.

DSP-122 should be sent. No doubt about that. DS-230 should not be sent. No doubt either.

* Many DV-2008 winners, including myself, have sent DSP-122 indicating AOS and have included DS-230 just in case.

And some of them were lucky, including you. I guess, some of them were not so lucky or could be not so lucky.

* Then I received a letter from KCC saying "thank you for informing us of your intention to apply for AOS" and some other information.

yes, you were, in fact, lucky. Especially if you sent I-485 first and DS-230 after that.

* After that, when my number became current, I filed for AOS and included a copy of this letter in the AOS package.

So, you did it in reverse order, which seldomly causes problems.

It is a good idea to sent the forms back to KCC as soon as possible so that you will have time to receive a confirmation letter from KCC. This minimizes the chance of a confusion at KCC or USCIS.

Correct. Just do not send DS-230.

DV-2009 AOS applications should read the instructions in their letters carefully, as procedures may have changed from DV-2008 AOS.

The procedures were always ambigous enough. Do not try to fool yourself by fulfilling ambigous instructions too straightforwardly.

 

[santay]

Thank You

Thank you Plus07 for making the point so clear!!

I've nothing against his opinion but the fact that he's saying what he has been saying as if he is sure of the whole thing and HIS way is the right way.

He is not right,you can either send your forms to KCC or contact your local office and ask about the AOS procedure from them without involving KCC anymore.

 

[raevsky]

You have a history of providing completely wrong information, and being rude at the same time.

Any example of me being wrong? Regarding reading the topic name beforehands. Actually, I though that was just because of lack of attention to the problem. Now I see that is because of misunderstanding the problem completely.

This is a forum where people help each other based on what they know and in a polite way.

How are you helping others by naming correct information to be wrong?

So, the basic info I am trying to bring here is:
1. DS-230 is not part of AOS process. It mistakenly shows or at least could show an intention to do CP simultaneously.
2. Combining CP with AOS could end up in AOS being abandoned.

Well, actually, I have provided you with the info and that is up to you what to do with it. Good luck.

 

[orangeandwhite]

How are you helping others by naming correct information to be wrong?

[incorrect stuff deleted]

It's actually kind of funny... we were due for a troll.

KCC asks you to send back all the forms that come with the NL. If you are not sure I'm right, you can call them and ask. That includes DS-230. Some people really get excited about not wanting to send it in... not sure why because it's a pretty easy form. Historically people have done successful AOS without sending DS-230, or in some cases without sending any forms at all to KCC. That said I would follow the instructions in the NL, as most of the class of 2008 did, and fill it out and send it back.

It's really unfortunate when clueless people congest threads with false and scary information. There is no basis in law or regulation for your AOS to be "cancelled" because you had filed a DS-230 at some point in the past. The website quoted earlier is saying that, if you file an I-824 against an approved I-130 (e.g. ask it to be sent to a consulate) that you are also using as a basis for AOS, you are voluntarily abandoning that AOS. Since neither I-824 or I-130 come into play here, that case is irrelevant. That site makes no reference to not filing DS-230 when instructed to do so as part of DV processing.

As respects what the earlier poster had asked -- enter accurate information in each space (don't make anything up), and if a space is inapplicable then enter "N/A" or "None". If you left it blank then you may be asked to fill it in later. People are disqualified for wrong/false info, not for forgetting to fill in fields in forms. Unless you are from Nigeria in which case special rules seem to apply.

 

[raevsky]

The situation with I-130 and I-824 is just a particular mechanism how CIS understands about BOTH processes being filed simultaneously in the situation mentioned. I-130 was sent initially only to one place - either CIS or NVC, depending on how I-130 or I-140 is filed. DV lottery is different. Instead of doing that on an immigrant petition, that is done on DSP-122. However, I-485 is sent independently. For DV lottery there exist [other] mechanisms how that could happen too (CIS getting aware of BOTH processes being filed simultaneously), even without I-824 form.
Regarding the letter from KCC mentioning the forms to be sent to KCC. I have read the letter for DV-2009. It says that regarding getting Diversity Visa only (and only in case you want to get it). The letter is completely silent on the subject of AOS (no Diversity Visa is a part of AOS process). In previous years it at least mentioned AOS, not now though. The fact that AOS is not mentioned now does not mean any change of policy, and does not mean AOS is no longer available. It just means a problem with the letter, and only in case of AOS, that is it. So, do not try to fulfill instructions that are printed there for a different purpose for a different process. Otherwise your AOS could be abandoned.

 

[ALU4E]

I'm DV2009 winner.
I called KCC and they said I have to send every thing to them even with AOS.
I wrote BCIS in DSP-122 to indicate that I'm going AOS.

My clear question is, leaving some thing blank in the form, will disqualify me or not?
Thanks for your help.

 

[masematn]

As respects what the earlier poster had asked -- enter accurate information in each space (don't make anything up), and if a space is inapplicable then enter "N/A" or "None". If you left it blank then you may be asked to fill it in later. People are disqualified for wrong/false info, not for forgetting to fill in fields in forms.

Thank you very much for a clear answer, and to the point!

 

[plus07]

This morning I went again to the local USCIS office to ask about the status of my case. My application is still pending the resolution of name check. But, what worries me so very much is this timeline of their answers about my name check :

1st inquiry (2/21): "cannot find name check", "submitting the name check right now"
2nd time (3/7): "cannot tell when it was submitted"
3rd visit (3/24): "name check submitted on january 31st"
4th infopass (5/1): "name check submitted on april 10th"

This time, the agent said that they cannot expedite the name check process (they don't talk to the fbi !). She said that they'll continue with my application after 6 months of name check pending (6 months from april 10th ). During my last visits, I tried to tell them about the sept. 30th deadline, but both of them denied it. This time i even had with me one of the USCIS press release which says that they will expedite name checks for "applications affected by sunset provisions such as diversity visas", but her explanation was that the deadline is for me to send in my application, not for the resolution of the case.

I am sorry that your application got stuck like this. It looks like your local office is both mishandling your name check, and is not aware of the DV deadline. Many (most?) local offices seem aware of the DV deadline, so I guess you are just having some bad luck.

First, let me settle this. Your application has to be approved by Sept 30. It doesn't matter what anyone tells you - USCIS call center staff, INFOPASS officer, or immigration lawyer. If it's not approved by Sept 30, it's dead.

Second, from what you can read on the forums, USCIS can expedite name checks, if they believe there is a good reason to. But with the new 180-day rule, they simply ask people to wait. Of course in your case the namecheck looks mishandled and the DV lottery has a Sept 30 deadline - it looks like the officer at INFOPASS did not take these circumstances into account.

Does anybody know what i should do next ? Lawyer ? CP ? Is there anybody else in a slightly similar situation ? Do you know of anybody who managed to get out from something like this? After 5 months of waiting for this application to go through, I'm starting to lose hope.

Thanks for your replies,

There are several things you can do - at this point you should be proactive. Here is what I would do in this order:

1) Schedule another INFOPASS. The goal here is to get them to realize that Sept 30 is the deadline for the application to be processed, not submitted.

If the first-line officer does not know about the deadline, most likely you won't be able to convince him or her. And I don't think that it's worth it to argue.

What may help however, is to invite the officer to talk to her supervisor. This has to be done in a professional and courteous way. I would say something along the lines

<<The DV program is an special program, and Sept 30 is certainly the deadline for the application to be processed. Could you please check with your supervisor?>>

I would be very surprised if she refused. But if she does, don't argue, just proceed to step 2.

If even the supervisor does not know about the deadline, then the situation at the local office is even worse than it looks. In this case proceed to step 2.

2) Ask for the name and postal address of local office director. Again, explain in a courteous and professional manner that this is a special program and that you need to bring the relevant information to the director's attention. Mention that other local offices are aware of this.

Again, if they refuse to give it to you, don't argue, just proceed to step 3.

Maybe you won't need to, but it never hurts to be able to write to the local office director.

3) If you don't get any definite action in step 2), write immediately to your congressman. Emphasize that you filed your application a while ago, the namecheck has been mishandled (don't be negative here), and that Sept 30 is the hard deadline for applications to be processed.

Then, proceed to step 4 - in the next message.

 

[masematn]

Regarding the letter from KCC mentioning the forms to be sent to KCC. I have read the letter for DV-2009. It says that regarding getting Diversity Visa only (and only in case you want to get it). The letter is completely silent on the subject of AOS (no Diversity Visa is a part of AOS process). In previous years it at least mentioned AOS, not now though. The fact that AOS is not mentioned now does not mean any change of policy, and does not mean AOS is no longer available. It just means a problem with the letter, and only in case of AOS, that is it.

I do not know which letter you read, but my letter for DV-2009 has two pages (out of seven) devoted to AOS, including an "Adjustment of Status Fee Payment" form. We may have read different letters, though. As for opinions, there surely may be different ones, and the final decision is our own, but I do not think it is very productive to argue in a situation, when we have clear instructions from the authorities, who directly deal with this lottery. We know from many forum folks that KCC instructs them to fill out and send back DS-230 even if they do AOS. Period. Why should we not trust KCC? When time comes, I'll send it.

 

[plus07]

Does anybody know what i should do next ? Lawyer ? CP ? Is there anybody else in a slightly similar situation ? Do you know of anybody who managed to get out from something like this? After 5 months of waiting for this application to go through, I'm starting to lose hope.

4) Find a good immigration lawyer and go for a free consultation. How quickly you want to do this depends on how much free time you have. (The congressman inquiry will hopefully solve the problem.) But I would definitley find a lawyer by the beginning of August.

It's important that the lawyer understand the details of DV, and is aware of past DV litigation. The lawyer should have experience in dealing with USCIS, so that they can hopefully resolve your case without a lawsuit (a million times cheaper and faster). At the same time, the lawyer should have litigation experience - in case it's needed.

5) Have the lawyer represent you. How quickly you want to do this depends on how much money you want to spend. For example you could go to your next INFOPASS with your lawyer. He or she would be able to explain much more persuasively to USCIS the legal restrictions. In many cases USCIS takes corrective action once they realize they're wrong.

---

So in summary, I would do another INFOPASS and write to the congressman asap. And prepare to get a lawyer in the summer.

Hopefully what I described in 1) will solve the problem. If not, simply writing to the congressman should help. If that doesn't help, hopefully going to the next INFOPASS with your lawyer would solve the problem. And only in the unlikely case when you're still stuck, you would have serious legal action.

 

[ALU4E]

I do not know which letter you read, but my letter for DV-2009 has two pages (out of seven) devoted to AOS, including an "Adjustment of Status Fee Payment" form. We may have read different letters, though. As for opinions, there surely may be different ones, and the final decision is our own, but I do not think it is very productive to argue in a situation, when we have clear instructions from the authorities, who directly deal with this lottery. We know from many forum folks that KCC instructs them to fill out and send back DS-230 even if they do AOS. Period. Why should we not trust KCC? When time comes, I'll send it.

How can I get a copy of the" "Adjustment of Status Fee Payment" form.
I sent mine and forgot to make copies.....

 

[masematn]

How can I get a copy of the" "Adjustment of Status Fee Payment" form.
I sent mine and forgot to make copies.....

Don't worry about it too much. When I said a "form," I did not mean those official ones, such as all these DS forms. It is just a short note which goes together with your money order or cashier's check and a self-addressed stamped envelope. You can type it yourself and print out. It has to show your case number, your name, address, number of persons you are paying for, and the total amount enclosed. That's it.

 

[ALU4E]

Don't worry about it too much. When I said a "form," I did not mean those official ones, such as all these DS forms. It is just a short note which goes together with your money order or cashier's check and a self-addressed stamped envelope. You can type it yourself and print out. It has to show your case number, your name, address, number of persons you are paying for, and the total amount enclosed. That's it.

Thanks a lot for this info.

 

[badluck2]

Have you ever heard about this FBI "ROUTINE CHECK" !!!??

Dear friends, I need your advices and help or if any one is in the same situation as mine.
I am a winner of DV-2008 (Diversity lottery winner) and applied to do the AOS. Every thing was all right till now. I received the notice of action and my biometric is taken by my local office around 2 weeks back.
Now, I received a call from an FBI agent asking me for a meeting within this week!!! The agent said, there is nothing to worry about and it is a routine check. I got very worried and asked what the purpose is? The agent said, generally, it is based on where you come from!! And I said I never heard about it. The agent said I know!
Firstly, I thought it may be a scam and asked for the agent’s identity. The person gave me cell phone number, their office number, name and other information for me to confirm.
I found those information on FBI site. So, the agent should be real not a scam. I also asked the agent if they can send me a letter by mail for this purpose. The agent did not answer this question and repeated that I should call their FBI office and confirm the identity. Again, the agent insisted that there is nothing to worry otherwise they would never give me a week to arrange a time to meet each other. And, I said I am not worried because I even did not get a traffic ticket in U.S.!! And, the agent said I know!

By the way I am a student from Iran and, never been involved in any problems in all my entire life. Also, I am shocked how come I ‘ve never been asked for this “routine check” during my few years stay in U.S. and how it pops-up after I applied for AOS.

Anyway, I am going to consult my lawyer. And, I thought you guys may have some opinion that may help the situation.

Thanks

Please go to the following link for the rest of story
http://boards.immigration.com/showthread.php?p=1902330#post1902330

 

[Johnkent]

Dear friends, I need your advices and help or if any one is in the same situation as mine.
I am a winner of DV-2008 (Diversity lottery winner) and applied to do the AOS. Every thing was all right till now. I received the notice of action and my biometric is taken by my local office around 2 weeks back.
Now, I received a call from an FBI agent asking me for a meeting within this week!!! The agent said, there is nothing to worry about and it is a routine check. I got very worried and asked what the purpose is? The agent said, generally, it is based on where you come from!! And I said I never heard about it. The agent said I know!
Firstly, I thought it may be a scam and asked for the agent’s identity. The person gave me cell phone number, their office number, name and other information for me to confirm.
I found those information on FBI site. So, the agent should be real not a scam. I also asked the agent if they can send me a letter by mail for this purpose. The agent did not answer this question and repeated that I should call their FBI office and confirm the identity. Again, the agent insisted that there is nothing to worry otherwise they would never give me a week to arrange a time to meet each other. And, I said I am not worried because I even did not get a traffic ticket in U.S.!! And, the agent said I know!

By the way I am a student from Iran and, never been involved in any problems in all my entire life. Also, I am shocked how come I ‘ve never been asked for this “routine check” during my few years stay in U.S. and how it pops-up after I applied for AOS.

Anyway, I am going to consult my lawyer. And, I thought you guys may have some opinion that may help the situation.

Thanks

i have never heard this before. U definitely need to consult an attorney

 

[raevsky]

It's actually kind of funny... we were due for a troll.

Looks like that indeed.

KCC asks you to send back all the forms that come with the NL.

That is a pure speculation. Of course, an incorrect one. Instead, KCC writes in the portion for AOS:

You should take this packet of documents to your local USCIS office. UCSIS will provide instructions on how to proceed.
That will not be necessary for you to contact the KCC for any further information or instructions if you apply to adjust the status in the United States.

KCC delegates on how to proceed to USCIS. That is it.

If you are not sure I'm right, you can call them and ask.

Them - whom? You are supposed to get the instructions frm USCIS, not from KCC. If you get instructions from KCC, they could be incorrect (and it is indeed). Beacuse KCC no longer has the power over the process. It is delegated to USCIS.

That includes DS-230.

Not only that. That includes everything.

Some people really get excited about not wanting to send it in... not sure why because it's a pretty easy form.

I agree. But not for everybody. It looks like a lot of people in this forum tend to misinterprete the instructions. Some of them, probably, understand that what they write is a misinterpretation, and they even call themselves trolls. However, they do that over and over again.

Historically people have done successful AOS without sending DS-230, or in some cases without sending any forms at all to KCC.

That is probably due to the fact that they were lucky enough. That is not a guarantee that the same thing done in the future (or done in the past) always leads to harmless results. Rather frequently illogical behavior is much more harmful.

That said I would follow the instructions in the NL, as most of the class of 2008 did, and fill it out and send it back.

As I said, the letter is silent on what to send to KCC in case of AOS. It only says local USCIS should be contacted for instructions. Instead, you are trying to follow inappropriate instructons for a different situation. And you do that consistantly, trying to misiterpret the rules and giving others absurd disinformation.

It's really unfortunate when clueless people congest threads with false and scary information.

Exactly. That is what I am trying to prevent.

There is no basis in law or regulation for your AOS to be "cancelled" because you had filed a DS-230 at some point in the past.

Agreed! That is not the law, but CIS policy. But the consequences are, unfortunalely, very similar. Nothing could be done if the law is violated, nothing could be done if policy is violated, unless the policy contradicts the law (which is not the case here).

The website quoted earlier is saying that, if you file an I-824 against an approved I-130 (e.g. ask it to be sent to a consulate) that you are also using as a basis for AOS, you are voluntarily abandoning that AOS. Since neither I-824 or I-130 come into play here, that case is irrelevant. That site makes no reference to not filing DS-230 when instructed to do so as part of DV processing.

Actually, DHS issues I-824 in certain cases as a result of successfull AOS in some DV cases.

I called KCC and they said I have to send every thing to them even with AOS.

Unfortunately, you did exactly the opposite from what the instructions say. That is why you got an incompetent answer. You should have contacted local USCIS if you really wanted to follow instructions. USCIS will tell you to send DSP-122 to KCC and pay the surcharge to DOS. The won't mention DS-230.

but I do not think it is very productive to argue in a situation, when we have clear instructions from the authorities, who directly deal with this lottery.

You obviously started with violating instructions. As you say, the instructions are clear about the advice not to ask KCC for any kind information. You obviously ignored those clear instructions and did just the opposite. So, it would be very illogical to say the instructions are clear and immediately violate them, as you do. Actually, that shows even very clear instructions are not followed by some people. A very unpleasant surprise, in fact!

We know from many forum folks that KCC instructs them to fill out and send back DS-230 even if they do AOS. Period.

Agreed. We also all know that exactly all those people violate extremely simple instructions! It would be an extremely dangerous thing to do to follow an advice of the people who cannot follow simple instructions. That is an absurd to follow an advice of a person, who agrees he or she personally violated the instructions, is proud of that and is trying to convince others to do the same thing for themselves, basing this opinion all on a few successfull examples. Surprisingly enough, this argument succeeds convincing others on this forum!
I, personally, do not value highly opinion of those persons. That is exactly what being a troll is, and that looks very clueless and stupip to me, indeed.

Why should we not trust KCC? When time comes,

Because KKC in clear valid instuctions clearly tried to prevent anybody from getting this type of advice from unqualified people in KCC, who do not know what to do.

I'll send it.

That is an example of inside-out logic. But OK, that is up to you. Everybody can do whatever he or she wants in those things. You might even be lucky too.