AOS Denied - reason Visa Unavailable - Immigration Forum Discussions about Visa Issues Green Card Diversity Visa Help Immigration Laws H-1B Fiance Visa

ssd1234 · 12-08-2005, 12:35 PM

I am researching cases where AOS applications were denied AFTER PROCESSING and collection of fees because a visa number was unavailable. In most of these cases, the AOS application should have been rejected upon receipt by USCIS as the law states that AOS applications cannot be processed if a visa number is unavailable. I am compiling this information and will be sending it to the immigration judiciary committee and relevant senators. If this happened to you, please list the date you filed for AOS, the office you sent your application to, the date your case was denied and reason, the amount you paid and wether you filed based on employment, family, dv lottery etc. Thank you

trinishelly · 07-08-2006, 09:58 PM

I received notification that I was selected for DV2007 in 1st week of April 2006. I applied for AOS at Chicago facility on May 1st 2006. I paid $395 ($325 application fee + $70 biometric) and mailed it with the application. I did biometric on May 20th 2006. Toay I received notice that my application was denied because it was too early for me to apply and no Visa numbers available. My application time was Oct 2006 - Sep 2007. I am a bit pissed because I scheduled an appointment thru Infopass in Apr 2006 to ask an officer if I could go ahead and apply and she told me yes, and to do it immediately. Obviously she was wrong!

ssd1234 · 07-09-2006, 01:24 PM

Did USCIS bank your check or did they return it? Did you go to USCIS for an interview?

trinishelly · 07-09-2006, 02:11 PM

I paid with a Cashier's Check and no it was not returned to me. More than likely, the check was already banked. I have the receipt from the Cashier's Check so I can always trace it.

I did not go to the USCIS for an interview. I went to the USCIS processing center to ask them what were the next steps I should take regarding applying for AOS. This was an instruction on the initial DV Notification letter for people who were already inside the US and needed an AOS. My local USCIS had to tell me if it was ok to apply or not. The lady told me to go ahead and now I get a letter from them saying it was not ok.

Let me know if you need more info.