Posted by: nepali786 July 28, 2019
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My two cents:
There must have been some confusion on the part of the officer. Some things are weird here.
1. NBC does all the processing for the interview. Before the interview was mandatory, it was NBC which approved the case. So if NBC had found you ineligible for change of status, I wonder why would they send the case for interview rather than directly rejecting it or asking for more evidence on your status. The interview officer must have missed something.
2. Have you checked your I-485 form and the supporting documents that was sent? Usually, a cover letter is also attached (which lists all the documents submitted/ your current status and all). It is always good idea to best put everything in the easiest way possible for the officer to see.
It would be best to bog the details down with your attorney, check all the documents submitted. I was on F1 until may but filed i-485 on Feburary and left F1. My wife is in TPS and when the attorney wrote the cover letter, they explained every detail on how we have maintained lawful status from first entry until I-485 is filed. We had discussed with three different attorneys and everyone agreed that being in TPS is sufficient for AOS.
Good luck! I am pretty sure you will pass this hurdle. Just check every documents sent by your attorney and if needed hire another attorney to go through appeals and all.
There must have been some confusion on the part of the officer. Some things are weird here.
1. NBC does all the processing for the interview. Before the interview was mandatory, it was NBC which approved the case. So if NBC had found you ineligible for change of status, I wonder why would they send the case for interview rather than directly rejecting it or asking for more evidence on your status. The interview officer must have missed something.
2. Have you checked your I-485 form and the supporting documents that was sent? Usually, a cover letter is also attached (which lists all the documents submitted/ your current status and all). It is always good idea to best put everything in the easiest way possible for the officer to see.
It would be best to bog the details down with your attorney, check all the documents submitted. I was on F1 until may but filed i-485 on Feburary and left F1. My wife is in TPS and when the attorney wrote the cover letter, they explained every detail on how we have maintained lawful status from first entry until I-485 is filed. We had discussed with three different attorneys and everyone agreed that being in TPS is sufficient for AOS.
Good luck! I am pretty sure you will pass this hurdle. Just check every documents sent by your attorney and if needed hire another attorney to go through appeals and all.