Several sources (including an official manual posted here by the forum member Raevsky) state that in theory the available visa number may cease to exist, especially closer to the end of fiscal year. Such situation may happen, in my understanding, when a person files his I-485 not immediately upon his number became current, but some time later, say, half a year. My question is, do we have any real life examples of such visa shortage, and as a result, adjustment refusal?
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Visa number availability
- Thread starter masematn
- Start date
Historically visa numbers exhaust between September 15th and September 30th, depepnding on the year. Even if you file early, but on some reason do not get a decision by the date the visa numbers end, you are are out of luck. Actually, the likely way would be not a negative decision, but just no decision at all.
Is it your suggestion or you know any such cases from the real life? On another note, how it is possible to get no decision at all? When application is filed, it is assigned a receipt number, and a NOA is issued. The case is in the system, and the decision must be made, positive or negative.the likely way would be not a negative decision, but just no decision at all.
Yes, I read about a few cases like on the forums. No answer before September 30th means a denial, even though a denial letter was never sent. Do google search on groups for 2000-2003. You fill find a number of examples. People waited for several more months, waiting for a retroactive approval. But nothing arrived. I remember Olga Barinov case in DV-2000, but I canot find it on google.
Yes, I searched google groups, and found some cases in which people didn't get anything from INS. It seems to me that none of them tried to influence the situation in any way - nothing is said about infopasses, senators, attorneys, immigration court, etc. Very strange, indeed.No answer before September 30th means a denial, even though a denial letter was never sent.
What if they receive a question about the case status from the senator's office? Do you think they have a right to ignore it?The thing is they do not have to produce a formal denial. So, they use their right not to issue it.
No, they have to provide an answer within 3 days plus reasonable time for processing of senator inquires. They will answer it has not been processed yet, if the request is made before Sept. 30th. After October 1st they will say the visa numbers have been exhausted or Sept. 30 have passed.
And what is meant by "processed"? From many signatures at this forum it is easy to see a few distinctive steps in I-485 processing (correct me, please, if I am missing anything): after application is sent, it is checked for completeness, then NOA is sent out, then biometrics appointment is made, then interview is scheduled. So to what step can their "has not been processed yet" refer? In other words, if I send an application right now and receive a NOA in a week or so, will it mean that they started processing?They will answer it has not been processed yet, if the request is made before Sept. 30th.
All righty, I may want to give the whole thing a try. Thank you for the information.They will report to the congressional office whether it has already been adjudicated or not. They might also mention the state the process is in.