Adjustment of Status was sent for a visa availability request

Asked over 1 year ago - West Palm Beach, FL

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?

Attorney answers (5)

  1. Idalis Perez

    Contributor Level 9

    6

    Lawyers agree

    1

    Answered . I don't know your nationality, but if you are from anywhere OTHER than Mexico OR the Philippines, your Family 4th preference immigrant visa is currently available (based on May 1, 20013 visa bulletin). It is important to determine whether it was available at the time that you filed your application for adjustment. You can check visa availability the month you filed by reviewing the VISA BULLETINS online www.travel.state.gov. The immigration officer has to go through a process before the visa is actually issued. This is generally internal work and its happens without applicants realizing it. Unless there are other issues in your case, the officer's answer relates to internal processing that gets done on a general basis. If you do not get a response within reasonable time, you should consider retaining immigration attorney, like myself, who practices in your area.

  2. Jorge Luis Delgado

    Contributor Level 12

    6

    Lawyers agree

    Answered . It means USCIS needs to check if there is a visa available for you.

  3. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . No need to re-post. You question was already answered.

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

    Contributor Level 20

    6

    Lawyers agree

    Answered . Please see the answer to your other question.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  5. Jeffrey Adam Devore

    Contributor Level 20

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . You are subject to the fourth preference quota and a visa must be allocated to you by the Department of State Visa office before your case can be approved. USCIS officers request a visa number at the time they determine a case is approvable. The requests are usually processed the same day they are made. You will most likely receive an approval notice and your green card in the mail in the next few weeks.

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

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Adjustment of status

When a person in the United States changes his or her immigration status to permanent resident, this is called "adjustment of status."

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