LOTTERY AOS INTERVIEW AT local office

[dieguit]

Hi all!
My story is really uncommon.
My wife and I won the div 2006 lottery.Our number was current on July 06, and we had our AOS interview at the local office at the begining of September.
The immigration officer was really unfriendly with us. He told us that he was not going to approve the case because of the visa availability. (on The visa bullettin Our number is still current AF 35XXX.)
He showed me The VB for July instead. When I mentioned that he should consider that of September, since we sent our AOS application at the End of July(WHEN OUR NUMBER WAS CURRENT) . He went to the next room and came back a few minutes later.Asked us few questions under oath, and finally said that he was not going to approve it!!!
He took my I94 AND BIRTH Certificate (original, he didn't want to take a copy) and advised me to apply for another I485( under my asylum status)
He seems really unfamiliar with the lottery process. Two weeks have passed and we don't have an answer.
I thought that we had a name check issue, but during the interview, he told us that all had cleared. So what the problem?? (we do not have any criminal background or whatso ever!!)
Is there anybody with a similar case? The dateline is September 30th, I don't know what to do to have him at least give us an answer quick!
I will truly appreciate any valuable advice.

Thanks
.

 

[BarbaraLamb]

Hi Dieguit,
this is what I would do, then it's up to you and other readers may have other suggestions.

DO NOT WAIT for them to get in touch with you, time is running out. Get an Infopass, go every day if necessary. Ask to speak to the Officer in Charge of your local office and explain you case. They will probably say no, so ask to speak to the Officer Supervisor.
Write a letter immediately addressed to the Officer in Charge and/or District Director (if offices are different), you can find their names and addresses here:

http://www.uscis.gov/graphics/fieldoffices/distsub_offices/index.htm

They have kept some of your original documents, you must have them returned! Especially if he said you are not approved.
If you don't know the name of the officer that interviewed you ask them to check that on the computer. They have all the information right there.
You can write to him also.
Do this immediately, and keep going back to the office at least with the pretext of getting your original documents back.

Remember that the officer that interviewed you has a superior he has to answer to, that is the person you want to communicate with and explain how the interview was conducted, which is simply unacceptable.

I hope others on this forum can give you some help.

Good luck

Barbara

 

[dieguit]

Thank you For your advices Barbara. I remember the name of the officer, and will start right away to contact his supervisor!!

Dieguit

 

[rpar003]

I agree with Barbara. I would be especially concerned that the officer took your ORIGINAL birth certificate, especially if they don't intend on approving your application. (and I don't see why not, if they are basing it just on the numbers and when you applied).

If you can afford it you might also want to contact a lawyer. Often they will give you an initial consultation or advice for about $100 for an hour meeting. Often the local immigration lawyers will know most of the officers at your office. (just make sure the lawyer has experience with the diversity lottery - many don't).

Good luck - this interview sounds very odd to me, and like the immigration officer has made a mistake. Unfortunately many of us have learnt that the immigraton officers don't always give you the right information (often even *they* don't know what the rules are!)

Let us know what happens!