When can a I485 Interview be waived

[bigdog 376]

When is the Interview Waived for Family-based I-485 Adjustment of Status Applications?

Many readers (especially those who have family-based immigrant visa cases) are aware that a family-based Form I-485, Application to Adjust Status, required an interview to be conducted at a local (to the applicant) service center. The requirement for these interviews is set under 8 CFR §245.6 which also indicates that interviews may be waived in certain cases. We would like to provide description of the situations where an interview may be waived.

Instances Where Interview Can be Waived

It is important to note that USCIS has authority to waive an interview if the case falls within one of the situations where an interview waiver can be granted. Just because a case falls under one of the situations below does not mean that an interview will be waived. USCIS’s decision to waive the interview for certain cases is based on standards set at the national level, and include adjustment categories in which there is normally enough evidence to make a decision without an interview.

Specifically, interviews can be waived for I-485 applications for:

• Unmarried minor children and stepchildren of U.S. citizens (IR7 and CR7) that are accompanied by original or certified copies of supporting documents;
• Parents of U.S. citizens (IR0) that are accompanied by original or certified copies of supporting documents;
• K1/K2 entrants— Fiancé(e)s of U.S. citizens and children of Fiancé(e)s (CF1/CF2);
• Natives/Citizens of Cuba filing under 11/2/66 Act (also spouses/children of such individuals regardless of their citizenship and place of birth) (CU6/CU7);
• Unmarried & Under 14 year old children of lawful permanent residents (F27);
• Cases where 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;
• Cases in which there is sufficient evidence contained in the record to support a denial of the adjustment of status application.

Interview waiver will not be granted for I-485 cases:

• With Supplement A to Form I-485, Adjustment of Status Under Section 245(i);
• With an EWI class of admission; or
• As part of a family packet; unless every application in the family packet meets the interview waiver criteria.

[Dakine10 5,452]

When is the Interview Waived for Family-based I-485 Adjustment of Status Applications?

Many readers (especially those who have family-based immigrant visa cases) are aware that a family-based Form I-485, Application to Adjust Status, required an interview to be conducted at a local (to the applicant) service center. The requirement for these interviews is set under 8 CFR §245.6 which also indicates that interviews may be waived in certain cases. We would like to provide description of the situations where an interview may be waived.

Instances Where Interview Can be Waived

It is important to note that USCIS has authority to waive an interview if the case falls within one of the situations where an interview waiver can be granted. Just because a case falls under one of the situations below does not mean that an interview will be waived. USCIS’s decision to waive the interview for certain cases is based on standards set at the national level, and include adjustment categories in which there is normally enough evidence to make a decision without an interview.

Specifically, interviews can be waived for I-485 applications for:

• Unmarried minor children and stepchildren of U.S. citizens (IR7 and CR7) that are accompanied by original or certified copies of supporting documents;
• Parents of U.S. citizens (IR0) that are accompanied by original or certified copies of supporting documents;
• K1/K2 entrants— Fiancé(e)s of U.S. citizens and children of Fiancé(e)s (CF1/CF2);
• Natives/Citizens of Cuba filing under 11/2/66 Act (also spouses/children of such individuals regardless of their citizenship and place of birth) (CU6/CU7);
• Unmarried & Under 14 year old children of lawful permanent residents (F27);
• Cases where 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;
• Cases in which there is sufficient evidence contained in the record to support a denial of the adjustment of status application.

Interview waiver will not be granted for I-485 cases:

• With Supplement A to Form I-485, Adjustment of Status Under Section 245(i);
• With an EWI class of admission; or
• As part of a family packet; unless every application in the family packet meets the interview waiver criteria.

Thats a curious way for USCIS to phrase that since they don't actually require any original or certified documents for an I-485 submitted for parents of USC's. Which means in practice, the waiver eligibility for these cases does not require any original documents or certified copies.

Edited June 17, 2013 by Dakine10

[hmh33 117]

Thats a curious way for USCIS to phrase that since they don't actually require any original or certified documents for an I-485 submitted for parents of USC's. Which means in practice, the waiver eligibility for these cases does not require any original documents or certified copies.

Really, not even a birth certificate?

[Dakine10 5,452]

They don't require an "original or certified copy". Regular old photocopy will do.

USCIS doesn't recommend sending originals for anything (unless they specifically ask) since they won't be sending them back to you.

[hmh33 117]

Well, the originals may not usually be required but it seems bigdog is saying that if you submit originals, the interview may be waived.

[Dakine10 5,452]

Well, the originals may not usually be required but it seems bigdog is saying that if you submit originals, the interview may be waived.

I know, and I'm saying it appears the interview can be waived without submitting any original copies as long as USCIS doesn't actually require them, (as is the case for parents).

We didn't submit any originals and the interview was waived for my wife's father. Not sure if that's policy or oversight on USCIS's part, but it does seem to be inconsistent with the way they have it worded.

I wouldn't recommend sending in an original birth certificate, unless you have a way to replace it.

[hmh33 117]

Hm, I see what you're getting at. It seems a bit ambiguous, but your experience is certainly a useful data point - thanks!

[fonzie71 0]

After 6 months of waiting with a notice of interview waiver on my I 485 I checked today and my status on my case

Decision

On February 6, 2014, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.

During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.

You can register for automatic case status updates by email and text message by creating an account.

Edited February 8, 2014 by fonzie71

[fonzie71 0]

Then my I 130

Post Decision Activity

On February 6, 2014, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

Post Decision Activity

On February 6, 2014, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

Edited February 8, 2014 by fonzie71

[TBoneTX 45,285]

*** Thread moved from "Immigration News & Discussion" forum to the AOS/Family-Based main forum, as a more fitting destination. ***

[fonzie71 0]

*** Thread moved from "Immigration News & Discussion" forum to the AOS/Family-Based main forum, as a more fitting destination. ***Did you lost all your files you need a lawyer and I can refer one for you to speed up the process that's all you need.I have a good one to refer you to.