Assylum....does USCIS calls for an interview for an adjustment of status application based on asylum assuming there is no arrest record? I read on a blog somewhere that USCIS is conducting more interviews for asylum based i485's nowadays and its 50-50 to be called...
This is what the I-485 standard operating procedure (SOP) says". I just copied and pasted it for you.
Pursuant to 8CFR 209.2(e) the Service Director having jurisdiction over the application
will determine, on a case-by-case basis, whether an interview is necessary. The interview may be waived when the Service determines that an interview is unnecessary.
“Deviation From Interview Waiver Criteria” under the “Interview Waiver Criteria”
section of Adjudications outlines case relocation circumstances. However, the NSC will additionally refer to local offices all applications, which can best be resolved through an interview, such as those involving:
· Higher risk or complex issues;
· Criminal charges; and
· Asylee applicants whose records indicate changes in the country conditions on
which the original grant of asylum was based.
In addition, the Service Center may relocate any I-485 application for interview if the
applicant's identity, admissibility and/or other eligibility qualifications are questionable.
The adjudicating officer must determine whether the asylum-based I-485 meets waiver of
interview criteria set forth below:
· There have been no significant changes in the conditions of the country or
situations in the foreign state where he or she feared persecution.
· The applicant or, if the applicant can still be considered as a dependent, the
principal applicant has been interviewed in the course of an investigation or field
examination, and the adjudicating examiner determines that further interview of the
applicant is unnecessary.
· The applicant or, if the applicant can still be considered as a dependent, the
principal applicant has been approved as an asylee AND is otherwise eligible for
adjustment of status.
· The applicant is under the age of 14.
· Sufficient evidence is contained in the record to support a statutory denial of the
adjustment of status application.
The above interview waiver criteria may be modified in response to developing
circumstances and concerns, which would dictate the need for further restrictions.
