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Adjustment of Status was sent for a visa availability request

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?

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Attorney answers 5


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 general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


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

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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


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 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.

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