What is Approval Without Interview?

[sptruck 0]

What are the criteria for an approval of AOS without an interview? How does USCIS determine whether they need to interview us or not? Are these cases expedited in some way because there is no interview?

Our AOS package is in their hands, by the way, so whatever will be will be...

[john_and_marlene 162]

What are the criteria for an approval of AOS without an interview? How does USCIS determine whether they need to interview us or not? Are these cases expedited in some way because there is no interview?

Our AOS package is in their hands, by the way, so whatever will be will be...

From the Adjudicators Field Manual:

(1) Regulatory Authority. 8 CFR 245.6 allows USCIS to waive interviews of applicants for adjustment of status under Section 245 of the Immigration and Nationality Act (Act). The purpose of this provision is to enhance the ability of directors to efficiently and effectively manage workloads and resources; to enhance directors' abilities to direct resources into the area of fraud detection and deterrence; and, in instances where interviews are unnecessary, to reduce waiting time and burdens on the public. The regulation does not specify which Service officials have the authority to waive interviews. It also does not set forth the criteria to be used when determining whether an interview should be waived.

(2) Delegated Authority. On November 4, 1992, the Executive Associate Commissioner for Operations issued a memorandum delegating the authority to waive interviews to all district directors and service center directors. These directors are responsible for the application of this provision within their individual jurisdictions. Directors were required to create written local policies and procedures to ensure that the waiver provision is applied only to cases falling within the USCIS-wide guidelines set forth in the memorandum (see paragraph 3). These local policies and procedures were intended to reflect local conditions dictating the need for further restrictions upon the application of the waiver provision. The memorandum further specified that interviews could not be waived merely to reduce backlogs.

Waiver Guidelines. All adjustment of status applicants under section 245 of the Act will continue to be interviewed, unless an individual determination has been made that an interview is not necessary, and the case falls within both USCIS-wide and local guidelines for interview-waiver cases. The determination as to whether an interview is required must be made on a case-by-case basis. A waiver of the interview requirement may be granted only if:

• the adjustment application is based upon a petition for an employment-based preference classification (I-140), accompanied by original or certified copies of supporting documents, and the principal alien will continue employment with the same individual or firm for whom he or she is lawfully employed as a nonimmigrant, or the adjustment application has been filed by a derivative spouse or child of such principal alien;

• the adjustment application is based upon an immigrant petition for an unmarried minor child of a U.S. citizen accompanied by original or certified copies of supporting documents;

• the adjustment application is based upon an immigrant petition for a parent of a U.S. citizen accompanied by original or certified copies of supporting documents;

• the 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 is a native or citizen of Cuba filing for adjustment under the Act of November 2, 1966, or the spouse or child of such an alien regardless of their citizenship and place of birth; or

• sufficient evidence is contained in the record to support a denial of the adjustment of status application.

Edited February 17, 2006 by john_and_marlene

[kc456 0]

From what I've seen, it's been K-1 adjustment cases that you see being approved without an interview.