Notice of Potential Interview Waiver Case

[ggsacks 82]

So, I showed my lawyer the letter from the congresswoman...And my lawyer said "They do not know what they are talking about. 100% you need interview. no way of waiver as it is the law. disregard the letter."

And I called again today to USCIS, got transferred to higher level customer service lady (she called me back) just now. She said there's no record that my case is PIW, and no record shows that my case is in NYC field office (which my lawyer said it is).

The higher level customer service lady did mention that since the email is from the ISO of the Congressional Unit, the information might be more accurate than whatever in the USCIS customer service computer system...

But the higher level customer service lady said that my case is definitely not in NYC field office...

I JUST WANT TO KNOW WHAT IS GOING ON... THESE PEOPLE ARE DRIVING ME CRAZY.

My email included this also:

The decision to waive the interview for certain cases is based on standards set at the national level. The standards include adjustment categories in which there is normally enough evidence included with the case to make an adjudicative decision without an interview. The adjudicative office takes into account these standards, as well as the specific situation of each applicant, on a case by case basis, to determine whether the interview may be waived.

The following adjustment categories are considered possible interview waiver cases:

• Unmarried minor children and stepchildren of US Citizens (IR7 and CR7)

• Parent of US Citizen (IR0)

• K1/K2 entrant— Fiancé(e) of US Citizen and children of Fiancé(e) (CF1/CF2)

• Native/Citizen of Cuba filing under 11/2/66 Act (also spouses/children) (CU6/CU7)

• Unmarried & Under 14 year old child of Lawful Permanent Resident (F27)

OK, in fact your lawyer is wrong! They need to keep updated. We had a lawyer, we ended up parting ways as we didn't agree on what they told us, we checked on visajourney which gave us updated info. To reiterate you can be approved without an interview. However, you still might get an interview with the waiver letter it is NOT unheard off.

Secondly, the Tier 2 officer normally has access to more information than Tier 1, so I would go with what the Tier 2 person is saying.

It seems the lawyer is probably correct if OP is adjusting from a student visa.

[shell20 746]

My email included this also:

The decision to waive the interview for certain cases is based on standards set at the national level. The standards include adjustment categories in which there is normally enough evidence included with the case to make an adjudicative decision without an interview. The adjudicative office takes into account these standards, as well as the specific situation of each applicant, on a case by case basis, to determine whether the interview may be waived.

The following adjustment categories are considered possible interview waiver cases:

• Unmarried minor children and stepchildren of US Citizens (IR7 and CR7)

• Parent of US Citizen (IR0)

• K1/K2 entrant— Fiancé(e) of US Citizen and children of Fiancé(e) (CF1/CF2)

• Native/Citizen of Cuba filing under 11/2/66 Act (also spouses/children) (CU6/CU7)

• Unmarried & Under 14 year old child of Lawful Permanent Resident (F27)

It seems the lawyer is probably correct if OP is adjusting from a student visa.

Yes probably are, I didnt realise this was a F1 visa and I don't know much about those cases.

[espared12 52]

So, I showed my lawyer the letter from the congresswoman...And my lawyer said "They do not know what they are talking about. 100% you need interview. no way of waiver as it is the law. disregard the letter."

And I called again today to USCIS, got transferred to higher level customer service lady (she called me back) just now. She said there's no record that my case is PIW, and no record shows that my case is in NYC field office (which my lawyer said it is).

The higher level customer service lady did mention that since the email is from the ISO of the Congressional Unit, the information might be more accurate than whatever in the USCIS customer service computer system...

But the higher level customer service lady said that my case is definitely not in NYC field office...

I JUST WANT TO KNOW WHAT IS GOING ON... THESE PEOPLE ARE DRIVING ME CRAZY.

Sorry to say, but if I were you, I would be looking for another lawyer. The majority of K1 to AOS receive the dreaded NPIW letter. If USCIS sees reason to doubt your marriage then they will schedule an interview, otherwise you receive the NPIW. If you're not adjusting from a K1 visa then your situation is different from a lot of ours. The majority of people in this forum are adjusting from K1 visa.

Edited March 2, 2015 by espared12

[nlherman 36]

I didn't receive the PIW letter. But Congressional Unit ISO said my case is a PIW case.

The I-485 interview can be waived in the following situations:

• Applications for minor children and stepchildren of a US citizen parent that are filed with supporting documents that are original or certified copies
• Applications for parents of a US citizen that are filed with supporting documents that are original or certified copies
• Applications for fiancés of a US citizen and for children of those fiancés
• Cuban natives and/or citizens applying under the November 2, 1966 Act

I'm non of above either...

oh well, mysterious case...?

You need to submit a service request, probably a did not receive, though out of processing date would work as well with your NOA...

[ggsacks 82]

Wow speechless. You would think the time they took to issue a new EAD/AP they would actually use on approving a GC.

"You'd think" should be the official motto of this thread, haha!

[maxww 0]

You need to submit a service request, probably a did not receive, though out of processing date would work as well with your NOA...

I tried to submit a service request for I485, it says my case is still within processing timeline.

And my husband did submit a service request for I130, they said Nebraska center is busy so they haven't gotten time to process the case...

SINCE MAY 2014... really? no time? that busy? sigh...

And what on earth my I485 is still within the processing timeline?

[shell20 746]

Thank you so much! Now I know what Tier 1, Tier 2 are~ haha

I'll just ignore my lawyer... And keep positive thinking that everything will be ok!

Didnt realise you were a F1 adjuster. I don't know the rules on that visa, but it seems you probably will have to have an interview and that your lawyer might be right after all. There is a forum on here for F1 AOS, they might be able to advise you to the next step. Sorry

[maxww 0]

Sorry to say, but if I were you, I would be looking for another lawyer. The majority of K1 to AOS receive the dreaded NPIW letter. If USCIS sees reason to doubt your marriage then they will schedule an interview, otherwise you receive the NPIW. If you're not adjusting from a K1 visa then your situation is different from a lot of ours. The majority of people in this forum are adjusting from K1 visa.

yea, I realized that. I didn't know most of the PIW cases are K1 based. I don't understand why though...

[shell20 746]

yea, I realized that. I didn't know most of the PIW cases are K1 based. I don't understand why though...

Your processing time normally goes on your NOA1 and your field office, so if you look at this link it will tell you if youre out of processing time or not. https://egov.uscis.gov/cris/processTimesDisplayInit.do

[ggsacks 82]

yea, I realized that. I didn't know most of the PIW cases are K1 based. I don't understand why though...

I guess because we've already been interviewed and had visas approved on the basis of our relationships. The K-1 process establishes evidence of a bonafide relationship.

[maxww 0]

Your processing time normally goes on your NOA1 and your field office, so if you look at this link it will tell you if youre out of processing time or not. https://egov.uscis.gov/cris/processTimesDisplayInit.do

Ha~ funny thing is, my case is at Nebraska service center. BUT THEY DON'T PROCESS FAMILY BASED I485!

Tricky, right?

So there's no way to know my so called "normal case processing timeline."

Didnt realise you were a F1 adjuster. I don't know the rules on that visa, but it seems you probably will have to have an interview and that your lawyer might be right after all. There is a forum on here for F1 AOS, they might be able to advise you to the next step. Sorry

Would you please kindly forward me the link that F1 AOS forum to me?

Thank you!

[espared12 52]

yea, I realized that. I didn't know most of the PIW cases are K1 based. I don't understand why though...

I think it's because our spouses have already been interviewed for the K1 visa in their home country. So to avoid interviewing even more people than USCIS already interviews, if they see something that doesn't click then they schedule a second interview.

[maxww 0]

I guess because we've already been interviewed and had visas approved on the basis of our relationships. The K-1 process establishes evidence of a bonafide relationship.

ah~ that makes a lot sense! Thanks!

[shell20 746]

Ha~ funny thing is, my case is at Nebraska service center. BUT THEY DON'T PROCESS FAMILY BASED I485!

Tricky, right?

So there's no way to know my so called "normal case processing timeline."

Youre catching on!!! lol However this how the USCIS determine whether you are in or out of processing time regardless of where the case is now. In other words if they out of processing time via their own guidelines and your local field office then you can submit an enquiry or info pass.

[espared12 52]

So it looks like USCIS has not had their Wheaties this morning..... I know there was a link for help with EAD renewal, does anyone here have it? If so can you repost please. Thanks!