Why some AOS without interviews???

[dirtyd301 0]

I tried to see what information I could look up about why some interviews are waived and while others aren't. Here's what I found:

Waiver of Adjustment of Status Interview Becoming More Common

February 15, 2006

With the exception of marriage based filings, as of late the Citizenship and Immigration Service is more frequently approving, without interview, more categories of adjustment of status filings (for those undergoing permanent residence processing in the U.S.). The CIS policy of waiving the interview for "clean" cases was first implemented in recent years, but mainly for employment-based filings – where the basis of the application is a job offer.

As of late, however, it appears this practice is becoming more common for family based filings where the family relationship at issue is clearly established in the file, and there appears to be no question as to the authenticity of the documentation presented. In cases where the applicant's eligibility might be in question because of a criminal or medical issue, or a significant immigration violation, CIS will likely schedule the matter for interview so the issue can be further explored.

I also found this article as well:

INS Policy on Adjustment of Status Interviews

Posted Sep 20, 2002

August 14, 2002, the INS issued a memorandum regarding the interview requirement for Adjustment of Status (I-485) Applications. The Memorandum sets forth the categories of I-485s for which the INS may waive the requirement of an in-person interview. This new Memorandum supersedes the previous memoranda on this topic.

INS regulations state that all applicants for Adjustment of Status must be interviewed but, in some instances, on a case-by-case basis, the interview can be waived. The interview must be conducted for all Adjustment of Status cases filed under INA section 245 (which includes all family- and employment-based cases) and 209 (Asylum / Refugee), except for those in the following categories. If a case falls within one of the following categories, the Service Center Director may determine whether to waive the interview requirement. However, even if a case fits within one of the following categories, it may be referred for an interview if it appears to be necessary. The reasons for a referral for interview include, but are not limited to, the presence of complex issues, criminal history of the applicant, indications of fraud, and any other such reason.

The interview may be waived for I-485s based upon Form I-130 (Petition for Immigrant Relative) for unmarried children of U.S. citizens and parents of U.S. Citizens. It may also be waived for spouses of U.S. citizens, provided that they are applying to adjust status from a K-1 (fiancé/e) status, within 90 days of entry. This policy is also extended to any K-2 children of the K-1 fiancé/e. Those spouses seeking to adjust status from any other immigration status will be interviewed. The INS can also waive interviews based upon I-130 petitions for unmarried children of permanent residents, if the children are younger than 14 years of age. Again, in each case the proper supporting documents must be provided to the INS with the submission, or upon request, in order for the interview to be waived.

I think people who come on K3 visas are more likely to not have to interview. Thats is probably because their visa process is a little more detailed and complex than a K1. I found this information quite interesting. I think a lot of it has to simply do with the opinion of that specific officer reviewing the application. I could be totally wrong but this is the best I could come up with!

Diana

Edited July 29, 2006 by dirtyd301

[Jenn! 918]

Thanks, Diana! Great info.

[CWR 0]

It may also be waived for spouses of U.S. citizens, provided that they are applying to adjust status from a K-1 (fiancé/e) status, within 90 days of entry.

Thanks for the information

I especially found the above sentence interesting ("provided that they adjust status within 90 days of entry"). So even if filing for AOS can be done after the 90 days of K-1 applicants expire, apparently filing within that timeframe may be rewarded with a case transfer and a waiver of the interview

[cheeky^Wolf 0]

Thanks for that, interesting reading

[Leasel7 1]

It may also be waived for spouses of U.S. citizens, provided that they are applying to adjust status from a K-1 (fiancé/e) status, within 90 days of entry.

Thanks for the information

I especially found the above sentence interesting ("provided that they adjust status within 90 days of entry"). So even if filing for AOS can be done after the 90 days of K-1 applicants expire, apparently filing within that timeframe may be rewarded with a case transfer and a waiver of the interview

My husband entered the US on a K-1 visa in December 2005, and we didn't file for AOS until June 2006. So we missed the 90 day window by over two months, yet our AOS case was still transferred to CSC, which means we probably won't have an interview.

[CWR 0]

My husband entered the US on a K-1 visa in December 2005, and we didn't file for AOS until June 2006. So we missed the 90 day window by over two months, yet our AOS case was still transferred to CSC, which means we probably won't have an interview.

There is always the exception to the rule.......or: Who knows why USCIS is doing what they're doing

Congrats on your transfer

[BruceH 0]

Thanks for the info. We have been wondering why some are granted without an interview like ours and others are not. In our case, our paperwork was straightforward, complete, thorough and well organized. We also wonder if age has anything to do with it. We are both over 40 (even though, in my opinion, my wife looks much younger) and thought perhaps that might have something to do with it. Don't know just interesting to try to figure out.

It might be interesting to do a survey with a variety of factors such as: beneficiary's country of origin, age, income, whether an attorney was used (we didn't use one), state of US residence, etc. It might help to identify likely qualifiers.

Or who knows....it just might be that the person looking at the file just got up on the right side of the bed that morning!

[sjoefl01 1]

If you don't have an interview how can they ask you the questions about terrorism and prostitution?

This whole process is a joke. The checkout should have been completed before the visa was issued. I am into National Security but I don't see where this process is going to root out many terrorists. I doubt the USCIS has ever gotten a terrorist to confess in an adjustment interview. I think the time would be better spent on a computer, or telephone doing backgraound checks.

[Jenn! 918]

Or who knows....it just might be that the person looking at the file just got up on the right side of the bed that morning!

I think you're right here!

[Leasel7 1]

Thanks for the info. We have been wondering why some are granted without an interview like ours and others are not. In our case, our paperwork was straightforward, complete, thorough and well organized. We also wonder if age has anything to do with it. We are both over 40 (even though, in my opinion, my wife looks much younger) and thought perhaps that might have something to do with it. Don't know just interesting to try to figure out.

It might be interesting to do a survey with a variety of factors such as: beneficiary's country of origin, age, income, whether an attorney was used (we didn't use one), state of US residence, etc. It might help to identify likely qualifiers.

Or who knows....it just might be that the person looking at the file just got up on the right side of the bed that morning!

Interesting thoughts. We are over 30, had a well-organized and thorough AOS package, and my income alone well exceeds what is required. Also my husband is not from a high fraud country; in fact, I don't think there have been many K1 visas from there. (Certainly I'm the only one posting here with a fiance/spouse from the Solomon Islands!) What makes me curious is the fact that most interviews seem to focus on establishing that the couple has a valid marriage, is living in the same home, etc. There is nothing in the AOS package that would assure whoever is reviewing it that this is the case. So I have to wonder what makes them decide that the interview can be waived for any given marriage-based AOS application.

I have read that the case load at your local office plays into it, since the idea is to relieve the local offices by sending some cases over to CSC. But at present the processing dates for my local office (Norfolk) and CSC are only four days apart. Not that I am complaining....I am quite happy to have been transferred to CSC!

[Jenn! 918]

I have read that the case load at your local office plays into it, since the idea is to relieve the local offices by sending some cases over to CSC. But at present the processing dates for my local office (Norfolk) and CSC are only four days apart.

The processing dates at the CSC for I-485 applications are only for employment based adjustment, so I don't think you can compare. Your theory could still be correct about transfers being based on case load at local offices.

[CanadaGirl 0]

Thanks for that great info. I am a K3 with a very simple case so hopefully when I file I get through without an interview! The only thing that makes me wonder about the no interview cases is if the people are using co sponsors or lawyers.

[Leasel7 1]

I have read that the case load at your local office plays into it, since the idea is to relieve the local offices by sending some cases over to CSC. But at present the processing dates for my local office (Norfolk) and CSC are only four days apart.

The processing dates at the CSC for I-485 applications are only for employment based adjustment, so I don't think you can compare. Your theory could still be correct about transfers being based on case load at local offices.

I did notice that the date provided was for "employment based adjustment", but that's all I had to go on. At any rate, from what I've read this new process for transferring AOS cases to CSC for streamlined processing started out being restricted to employment based cases and was only recently expanded to include some family based cases. Perhaps that is why CSC has yet to create a separate category for family based I-485 cases, or on the other hand maybe they just need to list dates for I-485 without specifying the basis now that they do both types. Certainly my local office makes no distinction between the type of I-485 cases they are handling when they list the processing date.

And it's not just a theory that USCIS wanted to relieve the case load at local offices -- I did find that information somewhere on the web. I think it was an immigration lawyer's website.

My husband entered the US on a K-1 visa in December 2005, and we didn't file for AOS until June 2006. So we missed the 90 day window by over two months, yet our AOS case was still transferred to CSC, which means we probably won't have an interview.

There is always the exception to the rule.......or: Who knows why USCIS is doing what they're doing

Congrats on your transfer

Thanks, it was a very pleasant surprise! (Of course I didn't know that when I got the email notification that my case had been transferred.) It would be nice if the methodology behind selecting which cases to transfer to CSC wasn't such a mystery, but I must confess I can't see much rhyme or reason to it.

Edited July 29, 2006 by Leasel7

[Jenn! 918]

And it's not just a theory that USCIS wanted to relieve the case load at local offices -- I did find that information somewhere on the web. I think it was an immigration lawyer's website.

From USCIS's own statements above, one would think that filing within the 90 days is a requirement for transfer to CSC. But based on your experience, turns out even that is just a theory.

It makes sense that the transfers are done to relieve case load, but why certain cases are chosen over others is seeming more and more random.

I think what it all comes down to is that no one has any idea what they're talking about, including USCIS!

[Leasel7 1]

From USCIS's own statements above, one would think that filing within the 90 days is a requirement for transfer to CSC. But based on your experience, turns out even that is just a theory.

It makes sense that the transfers are done to relieve case load, but why certain cases are chosen over others is seeming more and more random.

I think what it all comes down to is that no one has any idea what they're talking about, including USCIS!

Very true!