Adjustment of Status Interview, Visa Availability

ORIGINAL POST: I just came from my adjustment of status interview. I applied under 245i. My brother had petitioned us on April 17, 2001. I overstayed my visa from 1988. I didn't get approved, the officer said he sent in a visa availability request. What does this mean? Should I be concerned? NEW QUESTION: You guys said that this is just a process that the officer has to do before the actual visa is issued. How long do you guys believe it will take for our case to be approved? When the visa is issued does that mean that the Green Card will go into production? The officer had said that it could be issued today, is that really a possibility?

West Palm Beach, FL -

Attorney Answers (4)

Jeffrey Adam Devore

Jeffrey Adam Devore

Immigration Attorney - West Palm Beach, FL
Answered

Assuming a visa number is immediately available it is typically issued by the Visa Office the same day it is requested. Your card will not go into production until the officer who adjudicated your application approves it. Generally speaking, officers are not supposed to request a visa number until they are ready to approve a case.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
Alexander Joseph Segal

Alexander Joseph Segal

Immigration Attorney - New York, NY
Answered

No, it means nothing of the sort. Until that very officer and his or her supervisor actually approves the petition, no production will happen. Before production, you will get a welcome letter congratulating you on the admission into the family of LPRs.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
J Charles Ferrari

J Charles Ferrari

Immigration Attorney - Los Angeles, CA
Answered

As we do not know exactly what the officer meant, it is not possible to answer your questions.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
Shahzad Ahmed

Shahzad Ahmed

Immigration Attorney - Orlando, FL
Answered

Dear Writer, I am guessing that the officer meant that due to your 4th preference petition (for sibling of a USC), the visa is not available. For most of the countries, the cut off date is currently May 2001 (just became available), while Mexico and Philippines are even more backlogged. So we have to determine whether you filed your I-485 timely while the priority date was current and then it subsequently retrogressed and has not become available again, or whether you filed prematurely. 245(i) only helps with your illegal entry or unlawful status, not with the priority date. Please have your case reviewed by an experienced immigration attorney right away. Best regards.

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