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I received an I 797 approval notice. What is the next step?

Mentor, OH |


My father has applied for a family based green card for me, he is a permanent resident in the US. I recently received an I 797 "petition approved" notice from USCIS. What does this mean, my priority date is still August 1st 2010. But does this approval notice mean that I am being fast tracked, since I am already in the country on a student visa.

Please advise me as to what the next steps on my part are.


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Attorney answers 3


You'll need your priority date to be current before you can use the visa petition. Track the visa bulletin monthly and when your number is current and you're still in status, you can file to adjust.


There is no "fast track", and you must wait until your priority date is current. If you under 21 years of age, you are in the 2A category. If you are over 21 years of age, you are in the 2B category.

For additional information, please see

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


I agree with the above attorneys. However, you also need to be aware that if your student visa expires before your priority date is current, you will need to leave the US (unless you are able to change your status to something else such as H1B). If you overstay your visa, you would not be able to adjust your status to permanent resident.

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