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?
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.
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.
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