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Is it true you can apply 2-3 months prior to when you case number becomes current?

U

usstudent

Registered Users (C)
I found this link online, where there was a memo sent for the DV winners of 1999.
"The Immigration and Naturalization Service has circulated a memorandum to all INS offices regarding processing of DV lottery-based adjustment of status applications. The memo addresses problems with INS offices rejecting filings for being premature.

The memo makes clear that winners of the DV-99 lottery may submit petitions up to three months prior to the month in which the visa number is current in rank (those numbers are published each month in the State Department Visa Bulletin which is always included in this publication). If a DV-99 lottery winner filed an I-485 within three months of the visa availability date, the case should NOT be denied for unavailability of the visa number at the time of filing. For lottery cases filed in October 1998 when no numbers were yet available, INS field offices are directed not to deny if the visa number became available at the time of adjudication. Where an I-485 was filed before the visa cut-off rank becomes current, field offices should hold the case to wait for the availability of a visa number even if the case was filed in excess of 90 days before the visa number became available."

i know this was almost 10 years ago, but does anyone know whether or not this is still applicable? i dont wanna wait till june for my number to become current.
please advise!
 
usstudent said:
I found this link online, where there was a memo sent for the DV winners of 1999.
"The Immigration and Naturalization Service has circulated a memorandum to all INS offices regarding processing of DV lottery-based adjustment of status applications. The memo addresses problems with INS offices rejecting filings for being premature.

The memo makes clear that winners of the DV-99 lottery may submit petitions up to three months prior to the month in which the visa number is current in rank (those numbers are published each month in the State Department Visa Bulletin which is always included in this publication). If a DV-99 lottery winner filed an I-485 within three months of the visa availability date, the case should NOT be denied for unavailability of the visa number at the time of filing. For lottery cases filed in October 1998 when no numbers were yet available, INS field offices are directed not to deny if the visa number became available at the time of adjudication. Where an I-485 was filed before the visa cut-off rank becomes current, field offices should hold the case to wait for the availability of a visa number even if the case was filed in excess of 90 days before the visa number became available."

i know this was almost 10 years ago, but does anyone know whether or not this is still applicable? i dont wanna wait till june for my number to become current.
please advise!
Click to expand...

yes, u could and am doing it. My number is current in May so i am sending my forms this wk. I was at my local USCIS office and they told me that they will not deny my application as long as my number is current in May which it is. They told me that my interview probably won't be until about june. its not like am going to get the visa today anyway.
Again, they made it clear to me that if my number was not current in May, that i shouldn't mail the I-485.
 
It also depends on ur local office too. Schedule an Infopass when u number becomes current and ask the folks at ur local office what they want ya to do.
 
thank you so much john. could you also tell me how to schedule an appointment with an infopass? where can i get it?
 
one more thing.. say if i want to go to my local USCIS office just to ask whether or not i can apply 2-3 months before my number becomes current.. will i need an appointment?
 
Yes, you will need to make an appointment for that, as it will be a local service center policy (calling the USCIS number will probably just get you a stock answer of 'no').

usstudent said:
one more thing.. say if i want to go to my local USCIS office just to ask whether or not i can apply 2-3 months before my number becomes current.. will i need an appointment?
Click to expand...
 
thanks orlando for u reply.
do u think 6 months is enough time to apply for AOS?
in other words.. if i apply in april.. will my status be changed by september 30th?
what are the odds of that happening?
 
Hello,

I guess only those already in the USA can schedule these appointments.
I have still not been able to figure out how to know when your number becomes current.
 
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usstudent said:
thanks orlando for u reply.
do u think 6 months is enough time to apply for AOS?
in other words.. if i apply in april.. will my status be changed by september 30th?
what are the odds of that happening?
Click to expand...

You have to decide for yourself if AOS or CP is better for you. Read the thread DV2008--AOS only to see the speed at which other cases are progressing.

6 months for AOS is risky because your case could always be slower than others. See savy17's case for example.

On the other hand, there are risks and inconveniences with CP as well. For example, if you are an F-1 student then your F-1 visa is likely to be canceled on the spot. So if your green card is not approved, you won't be able to get back into the US.

Of course there would have to be a valid reason for your green card to be denied (for example you have a child under 21, the child is not married, and you did not list him/her on your original DV entry). So, it depends on what your past record and current situation is.
 
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