Our Adjustment of Status interview was yesterday. I've been asking questions about my case on here and what a visa availability request is. I know for a fact that immigration officers who conduct interviews are only suppose to request a visa when the case is ready to be approved. And I also know that these request usually get processed the same day. I know it's only been a day but from what he did or at least said he did, our case is ready for approval. My question is if he told us that he sent in a visa availability request, why has our cases not gotten approved yet? At what point should we contact USCIS?
We filed for AOS in March 2013
Our Priority Date is April 17, 2001 4th prefrence (currently current and at time of applying)
We applied under 245i
Visa overstayed from 1988
After it has been at least 30 days from the interview, preferably 60.
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.
Yes, it's only been a day. You've waited this long. Be patient. Give it a rest. Even if you were told it was approved at your interview you wouldn't have walked out the door with anything in hand. If you don't hear something in 60 days then consider following up.
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.
3 lawyers agree
30 to 60 days is reasonable, I would not do much earlier than 30 (consider the amount of cases they deal with per week and consider you are dealing with a Government bureaucracy) but I would also not let it sit longer than 60 days. Based on your post(s), my guess is you will probably get an approval notice within a few weeks and the card not long after. West Palm Beach field office, to my knowledge, is no longer issuing I-551 stamps upon Adjustment of Status approval. So you will have to wait for the card.
William M. Cavanaugh Law Office of William M. Cavanaugh www.wmc-law.com (561) 283-2196 This posting does not create an attorney-client relationship and the answer is general in nature. You should contact an experienced Immigration attorney with the specific facts of your case.