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successful DV2006 AOS in Columbus, OH

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  • successful DV2006 AOS in Columbus, OH

    My Adjustment of Status I-485 based on DV2006 was finally approved in late August, after months of agonizing waiting and frustration. I had my interview Aug 21 and unofficially found out about the approval about an hour later (the immigration officer called my lawyer). I’m still numb from the months of anxiety since I first received the notification letter in May 2005 and filed in April 2006. I prepared the AOS forms myself, with the help of this and similar forums, and hired a lawyer only after I got nervous about the fact that my case had not progressed more than 3 months after I filed. It was a very stressful period while I was waiting for the biometrics notice to arrive (and it never did), but everything worked out in the end. I’m grateful to the powers that be, all the other people on this forum whose posts have helped me through the process (alincosma, greg_dv2006, vk96, sweetart, cynnus01, many others), and my immigration lawyer (I doubt he browses here, but I’m nonetheless grateful for his help). Sincere and heartfelt thanks to all. Good luck to current and future DV winners.

    And to all the stragglers and people who feel left behind by a whimsical bureaucracy: there’s hope until the very end, so don’t lose morale. However, try to make peace with the worst case scenario, so that you don’t lose sleep unnecessarily.

    I’m posting a detailed account of my experience, because reading about the experiences of others has helped me and I hope my case can help others. Before I go into a description of my Diversity Lottery 2006 experience, I’ll put the summary of my timeline and important milestones in the Adjustment of Status (AOS) process. I’m describing my process to the best of my recollection, but I may have accidentally missed something. Please keep in mind that I’m not an expert, so check the facts for yourself.

    Apr 2006 DV rank current AS5xxx; living in Columbus, OH with H1B status
    Apr 11 2006 AOS package at USCIS, Chicago
    Apr 19 2006 NOA received (dated Apr 17) for I-485, I-765, I-131
    Jun 26 2006 I-131 travel document approved
    Jul 17 2006 walk-in biometrics taken, after INFOPASS visit
    Jul 20 2006 I-765 EAD approved
    Aug 04 2006 received interview letter for Aug 21
    Aug 21 2006 interview; I-485 approved a few hours later
    Aug 24 2006 received approval email from USCIS
    Aug 26 2006 received welcoming letter from USCIS (dated Aug 21)
    I never received a biometric appointment notice for either the I-485 or I-765, but I did the fingerprinting as a walk-in, on my fourth INFOPASS visit.

    INFOPASS visits can be either very useful or somewhat useless, depending on which officer sees you. If you have a bad INFOPASS experience, try making another visit. Regardless of what happens, BE POLITE AND RESPECTFUL. Remember that our own case is extremely important to us individually, but the officials at USCIS see hundreds of people each week so they can’t be expected to worry/care as much as we do.

    Here are important milestones for the AOS process:
    1. Wait for your number to become current (I chose to wait until my number was current but many people file 3 months ahead of the estimated month). It’s hard to guess early in the DV fiscal year but after a few months, the progression of priority numbers is fairly linear, as can be seen from the Excel file I posted a while back. You can extrapolate a reasonable estimate of the month when your number will be current. Of course, it’s safest to wait until you know for sure, so proceed with caution.
    2. Send your AOS package the Chicago lockbox. You should pay for all the AOS fees with a personal check drawn on a US bank, so that you can see if it’s been cashed. You should use a delivery method that allows tracking of some form. I believe that FedEx and similar carriers are preferable to USPS mail, because the tracking info is more reliable and updated more frequently.
    3. Verify that your filing fees were accepted (check(s) cashed). Again, it’s easier to verify payment with personal checks than with cashier’s checks or money orders.
    4. Receive your Notice(s) of Action (NOA) for the I-485 and optional I-131 and I-765 applications.

    STEPS 5-8 DO NOT NECESSARILY FOLLOW A SPECIFIC ORDER:

    5. Check to see if your case has been transferred to the local office, by making INFOPASS visits and asking POLITELY about your case several weeks after filing.
    6. Receive your biometrics appointment letter and have your fingerprints taken. I never got an appointment letter but was able to do walk-in biometrics after my 4th INFOPASS visit.
    7. Wait at least several business days after your fingerprints were taken to call the FBI, to ask if the results were returned to your local USCIS office. The FBI will tell you when the results were returned to the office but NOT the actual results of the fingerprint check. They’ll ask for your name, maybe your Alien Registration number (should be on your I-485 NOA). I called 304-625-5590, but there may be other ways to contact them.
    8. Call the Kentucky Consular Center to see if your DV package has been sent to your local office. They’ll ask for your lottery number, name, etc. I’ve had the best results (short wait time) calling 7:30 am ET. I called 606-526-7500, but there may be other ways to contact them.

    9. Wait for your interview appointment letter.
    10. Be polite, truthful, and try to relax at the interview. Bring recent mail as proof of your current address, maybe bank statements or utility bills. I had never heard of this before my interview, but the officer asked me for proof and I fortunately had a FedEx enveloped sent to me just a week earlier.

    Here is a more detailed description of my Adjustment of Status. Based on the initial 3 months of priority rank progression, I estimated that my number would be current in April (the progression is pretty linear after the first 2 months or so). My case was very clean, because I fulfilled all requirements, had never broken the law anywhere, etc. so I decided to file the AOS by myself. I ended up hiring an attorney a little over 3 months after I filed, because my case was inexplicably stuck without even a biometrics appointment. The lawyer found no problems with my forms, so I have no reason to believe that my problems were a result of filing by myself. I do believe that my lawyer’s letters to the local USCIS office were critical to the timely approval of my case, though.

    Before I sent in my AOS package, I informed KCC of my intention to pursue AOS and paid the DV fee. I waited until my number was current to file in April. Although I had prepared my documents months ahead of time, I had to wait an additional week or so for a current letter of employment verification to arrive (to prove that I had been maintaining status by working for the sponsor of my H1B visa). I had reason to suspect that my job would be terminated unexpectedly early, so I wanted to have proof that I was in status when I filed. I included the following in my AOS package:

    I-485 with 2 photos and check for $395 (filing fee + biometric fee) + COVER LETTER listing the documents in my AOS package and requesting that my case be processed with consideration of the September 2006 DV deadline
    G-325A
    I-485 Supporting Documents (shown below)
    I-693 in SEALED envelope
    I-134 and supporting documents
    I-131 with 2 photos, check for $170, and supporting documents
    I-765 with 2 photos, check for $180, and supporting documents

    DV2006 supporting documents:
    -Notification Letter
    -Page with case number and bar code
    -Copy of DV fee payment receipt and USPS money order stub
    -Passport ID + extension pages
    -Passport H-1B page
    -Copy of OSU H-1B Notice of Action (I-797)
    -Copy of I-94 FRONT
    -Copy of I-94 BACK
    -Copy of birth certificate, translation, and US Embassy notarization
    -Copy of High school diploma/letter
    -Copy of B.S. Diploma
    -Copy of M.S. Diploma
    -Copy of Ph.D. Diploma
    -Copy of Letter of Employment Verification (original stapled to I-134 form)
    -Copy of tax returns 2005, 2004, 2003
    -Copy of 3 checks for payment of I-485+biometric, I-131, and I-765 fees

    I signed the I-134 myself and provided proof that I would not become a public charge. Technically, only permanent residents and US citizens are allowed to sign the I-134, but an immigration officer told me to fill it out anyway and use it as a template for the supporting documents (tax returns, bank statements, etc.).

    Apr 10 I was living in Columbus, OH with H1B status. I sent my AOS package to the USCIS, Chicago lockbox via FedEx Next Day delivery.
    Apr 11 My AOS package arrived at Chicago lockbox facility.
    Apr 18 My checks were cashed, so I knew that processing of my forms had begun.
    Apr 19 I received (dated Apr 17) Notices of Action for the I-485, I-765, I-131.
    May 1 I made an INFOPASS visit to my local office to ask about my fingerprint notice and whether my case had been transferred to the local office (from Missouri).
    The officer said that my case was sent out on April 28.
    May 15 I made another INFOPASS visit, because I was worried that I still had not received a fingerprint notice. The officer told me that the case had been transferred to the local office on May 3 and to keep waiting.
    Jun 19 I made an INFOPASS visit, to ask about my status. I was told to keep waiting and not to worry about the fingerprint notice.
    Jun 20 My local USCIS office contacted KCC for my DV package (I didn’t know this until my INFOPASS visit on Jul 17).
    Jun 26 My I-131 travel document was approved. I wasn’t planning on using it but filed for one in case of an emergency.
    Jul 11 KCC sent my DV package (but neither I nor my local office knew this until the end of July).
    Jul 17 I waited more than 90 days after my EAD I-765 filing to make an INFOPASS visit and request an interim EAD. I was told that my EAD was approved on Jun 26 but could not be issued because they didn’t have my fingerprints. The official gave me a walk-in fingerprint letter and I was able to do my biometrics for both the I-485 and I-765. I never received a normal fingerprint notice, so I feel like filing for the EAD is what helped me finally get my biometrics done. I didn’t receive an interim EAD, because supposedly the “real” EAD was already approved and just awaiting fingerprint info. The officer said that they requested my KCC package on Jun 20 but had not received anything yet. She said that my background name check had cleared, though, which was a big relief.
    Jul 19 I hired an immigration lawyer. I was lucky and found a really nice attorney who made prompt and earnest efforts to help me. We filled out a G-28, declaring that he was my attorney, and he started writing letters to ask about my status and remind them of the Sep deadline. About a week after he wrote to the local office in Columbus, he had not received a response, so he contacted the next level up (the District Director’s office in Cleveland) and we finally heard back from them on Jul 31.
    Jul 21 I called the FBI to ask if my fingerprint results were returned to my local USCIS office yet and was told that they were returned on Jul 17 (606-526-7500). I called KCC (304-625-5590) to ask about my DV package and was told that it was sent out Jul 11.
    Jul 31 My lawyer called to tell me that he heard back from USCIS. They confirmed that my DV package was at the local office and promised to send me an interview notice within 30 days.
    Jul 20 My I-765 EAD was officially completely approved and mailed out.
    Jul 26 I received the EAD
    Aug 04 I received the interview appointment letter for Aug 21. The notice was mailed out from my local USCIS office on Aug 03.
    Aug 07 I made another INFOPASS visit to check if everything was OK. I was worried about my fingerprints, because the technician said that they were unusually shallow. The official told me that everything looked good and that I should be all set for the interview later that month.
    Aug 21 My interview was in the afternoon, so I spent the morning trying to relax. I had all my original supporting documents and gathered some of my publications, in case the officer wanted further proof of my technical experience. I met with my lawyer 15 min before the interview. He told me to answer all questions truthfully (even a small lie can result in disaster), avoid babbling (just give the simplest answer possible without saying more than the immigration officer asked for), and to stop talking if he tapped me on the arm or leg (that last comment scared me a little). We walked through the **** l detectors and gave the appointment notice to the security guard who checked my backpack, etc. We sat down for a minute before the immigration officer came out to get us. He said that he looked over my case and that the interview should take only 5 min. My lawyer joked that he needed more billable hours. We went into the officer’s office and he swore me in before having me take seat. He asked for proof that I was living where I claimed, and I luckily had a FedEx envelope dated just a week before. He made casual comments about my case, took some of my documents to make copies, and asked me the usual questions on the I-485 (have you ever been arrested? Have you ever committed genocide? etc.). The immigration officer was nice but I was nervous and my lawyer had to remind me to relax a few times. He took my I-94 card from my passport. The interview lasted about 10 min, but it was mostly casual conversation about my background (I’ve been living in the US for most of my life but never under immigrant status). The officer said he couldn’t make a formal decision yet but that things looked good. My lawyer asked about the expected timeline, but the officer apologized and said he honestly didn’t know. The officer asked me if I had any questions, and I didn’t. Of course, I wanted a decision right away but I knew that it would be foolish to complain or whine. The interview ended pleasantly, and we shook hands and left. My lawyer and I walked back to his office and we chatted for a few minutes. I went home and about 45 minutes after the interview, my lawyer called me to tell me that the immigration officer had called him to say that my case would be approved and that I could expect the green card in 2-3 weeks. I was too numb to truly believe it, but my case status was updated online later that evening.
    Aug 22 I woke up this morning, wondering if I had hallucinated the events of yesterday. I got an email from USCIS saying that a welcoming letter was sent out Aug 21, so that helped to reassure me. I still can’t believe it’s over. Of course, I won’t celebrate until I actually get the green card but I wanted to write out my experiences before I start to forget. I’ll update this over the next few days until I get a written confirmation of success.
    Aug 24 My case was further updated online with the standard message “after approving your application, we ordered you a new card”. I guess it really is official now, but it still hasn’t sunk in yet.
    Aug 26 I received the welcome letter, dated Aug 21. It’s beginning to feel real. Onward and upward...

    Good luck to all. I hope your DV process goes as smoothly as possible, but don’t despair if it doesn’t. There’s hope until the very end. Best wishes for a great future to everyone, no matter where you live.

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