Now how about that: Going to a 2nd (!!!) interview???

S

stain

Registered Users (C)
You think YOUR case is screwed???

Well, we passed an interview in San Jose in July 2003 and have been waiting for the completion of the security check since that time. While we've been waiting our cases were accidently sent back to CSC and then transferred back to San Jose.

Today, we received notices for another interview again scheduled for March. Even my lawyer was surprised since never heard of such a thing. However, she called them and got a response that 2nd interview is a NORMAL thing, for example, in case when an officer that worked with the case left the organization and another one is picking up the case and disagrees with something or wants to check something more.

I think, since I filed a complaint to the Congresswoman a week ago, this might have triggered the activity on the case. Also I doubt that even if we pass the interview again they will stamp our passports (just like after the first interview 7 months ago) since there is no indication so far that the security check has been cleared.
 
The lawyer used to check the status on a regular basis and the last time it was still pending.
 
I don't remember exactly where I have read it, but it is my belief that the second interview is not legal. Any decision they make must be based on the first, and only, interview. And I kind of doubt that this is a "NORMAL" thing as they try to fool stain.

---[ Added Later ]---

According to the current INS Operating Instructions, all interviews should be performed in "One-Step" (sic) procedure. Which probably means that the final decision should be made during the interview. If the details of an individual case do not clearly establish eligibility for adjustment of status, the service may reschedule an interview for a later date, with appropriate supervisory approval. More about this can be found at the following link: http://uscis.gov/lpBin/lpext.dll/in...?f=templates&fn=document-frame.htm#slb-oi2453.

Nevertheless, wording of the Operating Instructions does not allow for frivolous second interviews at discretion of adjudicators. I stand by my previous statement - the reason given to stain is lame, if not illegal.
 
Last edited by a moderator:
Stain,
Do not be disappointed. Keep your chin up and go for the 2nd interview - you will get your approval.

We all can understand your frustration - and our prayers are with you.

All the best.


PS - will taking your lawyer with you for the interview help in some way.
 
what the F..... these ediots are up too....thats too bad....They know you cannot deny that so u have to go. Explore bit more about the second option and put pressure on them if you can.
 
Sorry to hear that Stain! I guess there is nothing you can do other than go for the interview again. But this time make a strong protest against the delay and the second interview. Hopefully your AOS should be approved within days of the second interview.

While you are at it, speak to your local congressman on this issue.
 
You must log in or register to reply here.
Top