princesskate
Registered Users (C)
RD: 8/18/05
ND: 8/22/05
ID: 2/16/05
DO: Santa Ana, CA
ND: 8/22/05
ID: 2/16/05
DO: Santa Ana, CA
AOS Interview Timeline
- Thread starter ari4u
- Start date
Personal Interview Criteria Revised for I-485 / Adjustment Applicants
Hello Everybody!! Please take a look in this important information.
Thanks
Personal Interview Criteria Revised for I-485 / Adjustment Applicants
Posted Mar 25, 2005
As part of their ongoing backlog reduction efforts, the USCIS issued a memo on January 5, 2005, revising the criteria for waiving an in-person interview for applicants for adjustment of status to permanent residence (Form I-485). This is important to many MurthyDotCom and MurthyBulletin readers who have already filed or plan to file for adjustment of status with Form I-485. Essentially, the regulations state that all applicants for adjustment of status need to be interviewed. As many of our readers may be aware, however, most employment based I-485 applicants are not interviewed. This is due to nationally-established criteria for waiving the need for an interview where the USCIS determines that it is unnecessary. This topic was covered in our September 20, 2002 article, INS Policy on Adjustment of Status Interviews, available on MurthyDotCom.
The USCIS backlog reduction efforts have necessitated review and revision of the adjustment interview waiver standards. The USCIS District Offices have reported receiving numerous cases transferred for interview, as the USCIS Service Centers are processing more cases. After review of some of the cases, the USCIS decided to revisit the interview waiver criteria so that it is consistent with the backlog reduction efforts. The USCIS Memo notes that interviews are not appropriate as a method for obtaining information that could be sought in a Request for Evidence (RFE).
Current Waiver Criteria in Employment-Based Cases
Under the current criteria, interviews are generally waived when:
the principal applicant continues to be employed with the petitioning employer;
the principal applicant has been approved in the Extraordinary or Exceptional Ability classification;
the principal applicant has been approved as an Outstanding Professor / Researcher or Multinational Executive / Manager and continues to have an ongoing job offer with the sponsor; or
the principal applicant is a physician who has been approved for a National Interest Waiver based on his or her having worked in an underserved area.
Transfer Criteria for Personal Interviews:
Prior to the changes in the current Memo, the following cases would all be automatically transferred for an interview at the local USCIS District Office.
cases where there was a need to verify identity or legal status;
cases with questions of admissibility / qualifications for adjustment (which would include cases where there was any criminal involvement);
cases with potential fraud issues;
applicants with certain medical conditions and those with fingerprints that were rejected twice;
second filings for adjustment of status, which require review of the prior case/s; and
cases where the "A File" cannot be located at interview time.
Revised Criteria
Entry Without Inspection / Verification of Identity : The need to automatically interview in this situation is under review. While this is being reconsidered, such cases continue to require an interview.
Validation of Legal Status : Cases requiring validation of legal status will now only have an interview if the information cannot be determined by a Request for Evidence issued by the Service Center.
Questionable Admissibility / Qualifications for Adjustment : Applicants who had issues regarding admissibility will not always be set for interview. These applicants will not need an interview if the admissibility issues pertain to matters that were previously favorably resolved. These cases will stay with the Service Centers. Cases with other qualification problems that cannot be resolved by the issuance of an RFE, must be interviewed. Thus, people applying for adjustment of status in cases where there are criminal issues should still expect interviews.
Apparent Fraud : Cases where fraud is suspected must go through certain referral procedures with Fraud Detection Units before transfer for an interview. If a case is transferred for an interview on this basis, the file is to contain a memo explaining the concern, setting out any proof that has been located, and identifying any other related cases.
Fingerprint Rejection : In cases where the fingerprints have been rejected twice, the Service Centers are now supposed to request certificates from local law enforcement authorities, establishing good conduct for five years.
Medical Conditions : Rather than requiring an interview when there is a medical condition that would bar approval, the Service Centers should opt for requesting the applicant to file a waiver of the medical ground of inadmissibility.
"A" File Missing or Lost : This is essentially a case where the file is lost or misplaced. From time to time a USCIS officer is unable to locate an adjustment applicant's A file. The policy is that the USCIS Service Centers must try to find all files before adjudication. If the file is lost, they are to create a temporary file under current procedures.
Interview Now Requires Supervisor's Approval : In addition, as yet another precaution against unnecessary file transfer, it is noted that cases should only be transferred where there is a benefit that can be obtained by conducting the interview. Most cases require the approval of a supervisor prior to transfer.
Conclusion
Streamlining efforts by the USCIS and other federal agencies to make the process faster and more efficient are always appreciated by employers, employees, and all others filing for any immigration benefits. Transferring cases for interviews often causes a delay of many months. While it is understandable that certain issues need a face-to-face assessment, others do not. The backlog reduction efforts at the USCIS Service Centers will be meaningless for many, if the cases just end up stalled at the local District Offices for personal interviews. Hopefully, the changes outlined above will help applicants receive immigration benefits in a timely manner, as well as narrow the work of the District Offices to those cases that truly need their personal attention and an interview.
By:©MurthyDotCom
Hello Everybody!! Please take a look in this important information.
Thanks
Personal Interview Criteria Revised for I-485 / Adjustment Applicants
Posted Mar 25, 2005
As part of their ongoing backlog reduction efforts, the USCIS issued a memo on January 5, 2005, revising the criteria for waiving an in-person interview for applicants for adjustment of status to permanent residence (Form I-485). This is important to many MurthyDotCom and MurthyBulletin readers who have already filed or plan to file for adjustment of status with Form I-485. Essentially, the regulations state that all applicants for adjustment of status need to be interviewed. As many of our readers may be aware, however, most employment based I-485 applicants are not interviewed. This is due to nationally-established criteria for waiving the need for an interview where the USCIS determines that it is unnecessary. This topic was covered in our September 20, 2002 article, INS Policy on Adjustment of Status Interviews, available on MurthyDotCom.
The USCIS backlog reduction efforts have necessitated review and revision of the adjustment interview waiver standards. The USCIS District Offices have reported receiving numerous cases transferred for interview, as the USCIS Service Centers are processing more cases. After review of some of the cases, the USCIS decided to revisit the interview waiver criteria so that it is consistent with the backlog reduction efforts. The USCIS Memo notes that interviews are not appropriate as a method for obtaining information that could be sought in a Request for Evidence (RFE).
Current Waiver Criteria in Employment-Based Cases
Under the current criteria, interviews are generally waived when:
the principal applicant continues to be employed with the petitioning employer;
the principal applicant has been approved in the Extraordinary or Exceptional Ability classification;
the principal applicant has been approved as an Outstanding Professor / Researcher or Multinational Executive / Manager and continues to have an ongoing job offer with the sponsor; or
the principal applicant is a physician who has been approved for a National Interest Waiver based on his or her having worked in an underserved area.
Transfer Criteria for Personal Interviews:
Prior to the changes in the current Memo, the following cases would all be automatically transferred for an interview at the local USCIS District Office.
cases where there was a need to verify identity or legal status;
cases with questions of admissibility / qualifications for adjustment (which would include cases where there was any criminal involvement);
cases with potential fraud issues;
applicants with certain medical conditions and those with fingerprints that were rejected twice;
second filings for adjustment of status, which require review of the prior case/s; and
cases where the "A File" cannot be located at interview time.
Revised Criteria
Entry Without Inspection / Verification of Identity : The need to automatically interview in this situation is under review. While this is being reconsidered, such cases continue to require an interview.
Validation of Legal Status : Cases requiring validation of legal status will now only have an interview if the information cannot be determined by a Request for Evidence issued by the Service Center.
Questionable Admissibility / Qualifications for Adjustment : Applicants who had issues regarding admissibility will not always be set for interview. These applicants will not need an interview if the admissibility issues pertain to matters that were previously favorably resolved. These cases will stay with the Service Centers. Cases with other qualification problems that cannot be resolved by the issuance of an RFE, must be interviewed. Thus, people applying for adjustment of status in cases where there are criminal issues should still expect interviews.
Apparent Fraud : Cases where fraud is suspected must go through certain referral procedures with Fraud Detection Units before transfer for an interview. If a case is transferred for an interview on this basis, the file is to contain a memo explaining the concern, setting out any proof that has been located, and identifying any other related cases.
Fingerprint Rejection : In cases where the fingerprints have been rejected twice, the Service Centers are now supposed to request certificates from local law enforcement authorities, establishing good conduct for five years.
Medical Conditions : Rather than requiring an interview when there is a medical condition that would bar approval, the Service Centers should opt for requesting the applicant to file a waiver of the medical ground of inadmissibility.
"A" File Missing or Lost : This is essentially a case where the file is lost or misplaced. From time to time a USCIS officer is unable to locate an adjustment applicant's A file. The policy is that the USCIS Service Centers must try to find all files before adjudication. If the file is lost, they are to create a temporary file under current procedures.
Interview Now Requires Supervisor's Approval : In addition, as yet another precaution against unnecessary file transfer, it is noted that cases should only be transferred where there is a benefit that can be obtained by conducting the interview. Most cases require the approval of a supervisor prior to transfer.
Conclusion
Streamlining efforts by the USCIS and other federal agencies to make the process faster and more efficient are always appreciated by employers, employees, and all others filing for any immigration benefits. Transferring cases for interviews often causes a delay of many months. While it is understandable that certain issues need a face-to-face assessment, others do not. The backlog reduction efforts at the USCIS Service Centers will be meaningless for many, if the cases just end up stalled at the local District Offices for personal interviews. Hopefully, the changes outlined above will help applicants receive immigration benefits in a timely manner, as well as narrow the work of the District Offices to those cases that truly need their personal attention and an interview.
By:©MurthyDotCom
Thank you for your repplying. According to the official memo, there are two qualifications now which they are consideringfrom January 2005. One for working visas (as in the past it was awaiving 95% of the cases) and the new one for Family-base. Due the high delay of backlog they are reviewing the family-base as well. I know two people, with B2 visa who were granted the AOS approvement without interview in 2005.
I've been made many researches, and I have been discovered very interesting information, which you can't find in the USCIS site. Now, in may 2005, the National Benefits Centers is transferring to California Department offices most of the cases which the interview will be awaived. One of the things they are considering is the previous status in the Country (I-94) for those who weren't illegal here. The most important changes is for the applicants for AOS (family base). In another article they said that in their reviews, they could awaive up to 20% of the cases.
Well, if this is working I have two examples. Detail: the I-94, in both cases, were not expired. Who knows the real thuth?? Who knows what is going on into the system? I do believe that they could make several mistakes, of course, do you can Imagine the number of cases which they receive every single day?? Now I am thinking, interview for everybody, uahuuuu........
So, I think I don't understand the process for interview anymore, or better, I think I never understand it. heh I friend of mine applied three months after me, at the same DO, and no fingerprinting, no EAD and she already has her interview granted. Her I-94 expired two years ago. About me?? Everything ready and no news... My I-94 was valid when I applied.
I know they are evaluating case by case. OH!! GOD!! I could be one of the lucky guys in the new process (without interview eheheh)
Thank you anyway for reading my complains.. I am just exaust of it.
I've been made many researches, and I have been discovered very interesting information, which you can't find in the USCIS site. Now, in may 2005, the National Benefits Centers is transferring to California Department offices most of the cases which the interview will be awaived. One of the things they are considering is the previous status in the Country (I-94) for those who weren't illegal here. The most important changes is for the applicants for AOS (family base). In another article they said that in their reviews, they could awaive up to 20% of the cases.
Well, if this is working I have two examples. Detail: the I-94, in both cases, were not expired. Who knows the real thuth?? Who knows what is going on into the system? I do believe that they could make several mistakes, of course, do you can Imagine the number of cases which they receive every single day?? Now I am thinking, interview for everybody, uahuuuu........
So, I think I don't understand the process for interview anymore, or better, I think I never understand it. heh I friend of mine applied three months after me, at the same DO, and no fingerprinting, no EAD and she already has her interview granted. Her I-94 expired two years ago. About me?? Everything ready and no news... My I-94 was valid when I applied.
I know they are evaluating case by case. OH!! GOD!! I could be one of the lucky guys in the new process (without interview eheheh)
Thank you anyway for reading my complains.. I am just exaust of it.
My Apologize For Any Misrepresentation
Everybody!! I Just Know That 2 Cases Without Interview (b2 Visa).
I Really Don't Know And Don't Understand Their Qualifications For Interview Anymore.
I Have To Apologize For Any Misrepresentation. I Just Want To Help Those Who Are In The Same Situation Than Me. Waiting, Waiting For The Aos Interview.
Thank You
Everybody!! I Just Know That 2 Cases Without Interview (b2 Visa).
I Really Don't Know And Don't Understand Their Qualifications For Interview Anymore.
I Have To Apologize For Any Misrepresentation. I Just Want To Help Those Who Are In The Same Situation Than Me. Waiting, Waiting For The Aos Interview.
Thank You
simedbr,
Take it easy. Its the long weekend and you should take a break from this forum.
As for your posts, i see that you are really confused. Here are some clarifications.
If you apply for AOS as the spouse of a USC, you WILL have to attend an interview. There is no escape from this and this has been the USCIS rule for a long time. You may be correct when you say that few family based cases get their GC approved without having to attend the interview. Those cases are for other immediate relatives EXCEPT spouses of USC (For eg, parents, unmarried children).
USCIS often transfers cases from NBC to the service centers to help with the backlog in family based cases. A lot of users in this forum experienced this and it is normal. However a transfer does not necessarily mean that you wont have to go for the interview.
I understand that you have been doing your research, so if you find any links related to family based immigration, it would be great if you could share them with us so everyone here can gain knowledge.
My 2 cents.....
Take it easy. Its the long weekend and you should take a break from this forum.
As for your posts, i see that you are really confused. Here are some clarifications.
If you apply for AOS as the spouse of a USC, you WILL have to attend an interview. There is no escape from this and this has been the USCIS rule for a long time. You may be correct when you say that few family based cases get their GC approved without having to attend the interview. Those cases are for other immediate relatives EXCEPT spouses of USC (For eg, parents, unmarried children).
USCIS often transfers cases from NBC to the service centers to help with the backlog in family based cases. A lot of users in this forum experienced this and it is normal. However a transfer does not necessarily mean that you wont have to go for the interview.
I understand that you have been doing your research, so if you find any links related to family based immigration, it would be great if you could share them with us so everyone here can gain knowledge.
My 2 cents.....
needurhelp
Registered Users (C)
I know some K-Visa applicants case approvals without interviews. Of course, no idea about other statuses
ncgirl said:
Well, there are always special cases and i dont know what was unique about those cases for the interview to be waived. The standing USCIS rule is that; If applying for AOS as spouse of a USC, interview is mandatory to get permanent residence. Thats when you have to convince the officer that the marriage is bonafide and you did not get married to evade immigration laws. Thanks for the info though
Davidcase123
New Member
Timeline after interview?
ari4u,
I agreed with you that there is no exception to the interview if the case is merriage based. My question, however, is that how long do we have to wait after the interview?
I am new to this forum. Forgive me, if this question was answered previously. I submitted I-130/I-485 in Dec 20. 2001 based on marriage (my wife is USC). My wife and I met in graduate school (true love). We had a good interview on 3/2004 in Chicago and were told that my case is pending on name check. It has been over 4 years since 12/20/2001. How long do I have to wait? is my case a bit too long or is it still normal? I have been to USCIS in Chicago many times and they always told me that many people are stuck in the similar situation. I don't know if I should trust them anymore. Need advice from you guys as I am about to lose patience!
ari4u said:Well, there are always special cases and i dont know what was unique about those cases for the interview to be waived. The standing USCIS rule is that; If applying for AOS as spouse of a USC, interview is mandatory to get permanent residence. Thats when you have to convince the officer that the marriage is bonafide and you did not get married to evade immigration laws. Thanks for the info though
ari4u,
I agreed with you that there is no exception to the interview if the case is merriage based. My question, however, is that how long do we have to wait after the interview?
I am new to this forum. Forgive me, if this question was answered previously. I submitted I-130/I-485 in Dec 20. 2001 based on marriage (my wife is USC). My wife and I met in graduate school (true love). We had a good interview on 3/2004 in Chicago and were told that my case is pending on name check. It has been over 4 years since 12/20/2001. How long do I have to wait? is my case a bit too long or is it still normal? I have been to USCIS in Chicago many times and they always told me that many people are stuck in the similar situation. I don't know if I should trust them anymore. Need advice from you guys as I am about to lose patience!
needurhelp
Registered Users (C)
rex1960 said:
I'm well aware of the fact the K visa is a non-immigrant visa. What I meant in my earlier post is that the beneficiary entered US using the K-Visa and when applied for GC, they were approved without interviews. Exception here may be that the beneficiary has already undergone enough scrutiny by the DHS.
Yes. Everybody!! How do you explain two cases that I know about people who came to this Country with the B2 (tourist visa???) I don't know too much details about these cases but, they got the GC without interview in 2005 (very lucky guys!!)
Well, as the Immigration also can make some mistakes, it could be some of them.
I am sorry. I will not take a break of this forum and you don't have to believe what I am writing. Anyway, I appreciate your worry about me
If you believe it or not, I read family-base comments about the interview for 2005. I don't remember if I saved the site.
PEOPLE, here is not a LAWYER person writing. Just information. I am working on my case because I do believe that if you stay at home waiting...it will be forever. It is like walk in to Fingerprinting (no wait for the letter), shedule an appoitment with the officer, in the USCIS, call the FBI, write letters, i.e. One day, someone will give attention to you.
Thanks,
Well, as the Immigration also can make some mistakes, it could be some of them.
I am sorry. I will not take a break of this forum and you don't have to believe what I am writing. Anyway, I appreciate your worry about me
If you believe it or not, I read family-base comments about the interview for 2005. I don't remember if I saved the site.
PEOPLE, here is not a LAWYER person writing. Just information. I am working on my case because I do believe that if you stay at home waiting...it will be forever. It is like walk in to Fingerprinting (no wait for the letter), shedule an appoitment with the officer, in the USCIS, call the FBI, write letters, i.e. One day, someone will give attention to you.
Thanks,
well the standing rule has not been standing for some cases..couples have been getting GC without interview since Sept 2005...I guess after a while we will get better insight into what exactly is going on,with USCIS you can never really know or be a step ahead of them..they change rules like people change clothes..
to ncgirl
To ncgirl. I agree 100% with you. Everybody needs to know that the USCIS doesn't follow the written rules 100%. Yeah!! From 2005, they are reviewing many cases and waived interviews for some couples with marriage-base.
People, believe it, the USCIS has some changes for some cases. I was shocked when I known two cases this year. Marriage-base, no interview, and GC in less than 1 year. Specially because they were holding a B2 Visa and not work visa or K1. How to explain it ?? I really don't know. I appreciate some thoughts.
What is going on in the USCIS?? Please, just don't say that they never waived AOS interview for marriage-base, because it is not true. It is happing some strange things there. And I don't have any reason to lie in this forum. For what?? The funny thing is that nobody knows how they are selecting the cases. This just started in 2005.
So, it is time to relax now and have a beer. Tomorrow is another day.
Good night!! Talk to you tomorrow eheheh
To ncgirl. I agree 100% with you. Everybody needs to know that the USCIS doesn't follow the written rules 100%. Yeah!! From 2005, they are reviewing many cases and waived interviews for some couples with marriage-base.
People, believe it, the USCIS has some changes for some cases. I was shocked when I known two cases this year. Marriage-base, no interview, and GC in less than 1 year. Specially because they were holding a B2 Visa and not work visa or K1. How to explain it ?? I really don't know. I appreciate some thoughts.
What is going on in the USCIS?? Please, just don't say that they never waived AOS interview for marriage-base, because it is not true. It is happing some strange things there. And I don't have any reason to lie in this forum. For what?? The funny thing is that nobody knows how they are selecting the cases. This just started in 2005.
So, it is time to relax now and have a beer. Tomorrow is another day.
Good night!! Talk to you tomorrow eheheh
Davidcase123 said:
Davidcase123, FBI namecheck is a gray area and no one know how it really works. Some people get cleared in few weeks after the interview and some have been waiting for years. You may want to get in touch with your congressman and see how your case can be expedited. Search around this forum. There is a mega thread somewhere here which details what needs to be done in order to fight the FBI namecheck delay.
Good luck.
EDIT: I found the links for you
http://boards.immigrationportal.com/showthread.php?t=136848
http://immigrationportal.com/showthread.php?t=164243
Last edited by a moderator:
Davidcase123
New Member
Thanks, Ari
ari4u said: