Notice of Potential Interview Waiver Case

[ggsacks 82]

I wonder what the selection process for the potential interview waiver letter is then and how they do it? It can't be done just on a country basis as I see lots of Brits going to interview without ever receiving a potential interview waiver letter. I did imagine there would be a clerk sitting there splitting cases into 'waiver' 'no waiver' piles. Maybe the computer does it. If so lets hope that computer system isn't linked to their currently non-functioning website :-)

I would assume it's fairly automatic and based on your status prior to filing.

Besides, any "evidence" that "illegal" immigrants are the reason for a backlog in AoS cases is anecdotal at best.

[Derwood 203]

Besides, any "evidence" that "illegal" immigrants are the reason for a backlog in AoS cases is anecdotal at best.

Be fair. My post doesn't suggest that AoS applications are being held up by "illegals" at all. I was just venting a little bit of frustration and my suggestion to the President about the way in which resources are directed was just "bluster."

Thanks for your replies though. I now know a little bit more about the potential waiver process than I did before.

[ggsacks 82]

Be fair. My post doesn't suggest that AoS applications are being held up by "illegals" at all. I was just venting a little bit of frustration and my suggestion to the President about the way in which resources are directed was just "bluster."

Thanks for your replies though. I now know a little bit more about the potential waiver process than I did before.

Gotcha - sorry, I may have misread that sentence.

[Derwood 203]

Gotcha - sorry, I may have misread that sentence.

:-)

[Derwood 203]

I thought I would investigate potential interview waiver rules a bit further this afternoon. I hope the following information is of use to other people.

This web-pages from two immigration lawyer summarise the process quite well:

http://www.cilawgroup.com/news/2013/06/13/when-is-the-interview-waived-for-family-based-i-485-adjustment-of-status-applications/

http://www.shihabimmigrationfirm.com/lawyer-attorney-2197788.html

The information I have read from the USCIS website is below:

INA § Sec. 245.6 Interview.

Each applicant for adjustment of status under this part shall be interviewed by an immigration officer. This interview may be waived in the case of a child under the age of 14; when the applicant is clearly ineligible under section 245© of the Act or 245.1 of this chapter; or when it is determined by the Service that an interview is unnecessary.

USCIS guidance regarding interview waiver cases may be found in the Adjudicator’s Field Manual (AFM), Chapter 23.2, General Adjustment of Status Issues, subsection (h) Interview Waivers (see below).

http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-8624/0-0-0-8666.html

(h) Interview Waivers .

(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 officia ls 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.

(3) 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.

(4) Reporting Requirements .

The Executive Associate Commissioner’s November 4, 1992, memorandum also requires all district directors to submit consolidated district reports of interview waiver activity for each month (including negative reports, when appropriate). This report must be submitted by FAX transmission (202-514-0198) to the Office of Adjudications not later than the tenth (10th) day of the following month.

[Derwood 203]

This USCIS memo is also an interesting read and although it appears to lean towards employment based AOS applications, it's helped me to 'get it'.

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/i485intwvr010505.pdf

[ltkenbo 3]

Be fair. My post doesn't suggest that AoS applications are being held up by "illegals" at all. I was just venting a little bit of frustration and my suggestion to the President about the way in which resources are directed was just "bluster."

Thanks for your replies though. I now know a little bit more about the potential waiver process than I did before.

You have every right to be angry, all of us do. Nobody hears our stories or experiences except the people that post on these forums. No matter what the true cause (of which we would never know either way) it's a joke that so many people are receiving these letters.

[ltkenbo 3]

Check out this quote from a letter from a US immigration worker union:

"There are plans to waive interviews of applicants who seek adjustment of their status in the U.S. to ready our workforce for the coming onslaught of applications unforeseen in previous administrations."

Entire letter is linked below:

http://www.scribd.com/doc/244761164/USCIS-immigration-call-to-arms

[ggsacks 82]

Check out this quote from a letter from a US immigration worker union:

"There are plans to waive interviews of applicants who seek adjustment of their status in the U.S. to ready our workforce for the coming onslaught of applications unforeseen in previous administrations."

Entire letter is linked below:

http://www.scribd.com/doc/244761164/USCIS-immigration-call-to-arms

http://www.snopes.com/politics/immigration/greencards.asp

[ggsacks 82]

Check out this quote from a letter from a US immigration worker union:

"There are plans to waive interviews of applicants who seek adjustment of their status in the U.S. to ready our workforce for the coming onslaught of applications unforeseen in previous administrations."

Entire letter is linked below:

http://www.scribd.com/doc/244761164/USCIS-immigration-call-to-arms

The US already issues over 2 million new EAD and permanent resident cards every year. Every single one of these has an expiry date, so it stands to reason that around that number again would be issued as replacements. A bid for 4 million cards per year over 5 years, with options for higher quantities, doesn't seem to be anything outside what is already ordinary.

Don't you find the sentence "there are plans to waive interviews of applicants who seek adjustment of their status in the U.S. to ready our workforce for the coming onslaught of applications" a little curious, given that we know that many interviews are already waived, and have been for quite some time?

[ltkenbo 3]

Lol alright, well I'm sure when the president is talking about immigration reform, he's going to speed up our cases, that's why they are making the website so much better. I'm guessing that they have been doing this to a handful of select cases (seems like a lot of K1s) and are possibly going to expand this. You are right, it is mostly speculation at this point. I don't know for sure the real reason behind this and we probably won't ever know. However, it's not going to get better, and you can bet that if any type amnesty is passed, there is no way that USCIS is going to all of a sudden become more efficient and start proccessing applications faster with a sudden influx of more paperwork. If anything it's only going to get slower.

Edited November 12, 2014 by ltkenbo

[ggsacks 82]

Lol alright, well I'm sure when the president is talking about immigration reform, he's going to speed up our cases, that's why they are making the website so much better. I'm guessing that they have been doing this to a handful of select cases (seems like a lot of K1s) and are possibly going to expand this. You are right, it is mostly speculation at this point. I don't know for sure the real reason behind this and we probably won't ever know. However, it's not going to get better, and you can bet that if any type amnesty is passed, there is no way that USCIS is going to all of a sudden become more efficient and start proccessing applications faster with a sudden influx of more paperwork. If anything it's only going to get slower.

It's not mostly speculation, it's entirely speculation. No one here has any idea yet what immigration reform will look like.

The reality of this is that people largely care about the specifics of this when it's relevant to them and largely don't when it doesn't. At present, it's relevant to people here because they are waiting for their applications to be processed. Anyone who feels that they're being ignored or forced to the back of the line by a bureaucratic organization such as USCIS naturally seeks to find a reason for this perceived injustice. 5 years down the line, very few people in these forums today will care about what USCIS's processing times are, which service center is running faster or who's interviews are being waived, even though at one point it may have affected them greatly. In that respect, these sorts of speculative articles have little to do with the day-to-day case processing of anyone here. They don't serve to remedy anyone's issues, they serve solely to push a political agenda that achieves very little in reality.

Whatever happens with immigration reform, it's (with 99.9% certainty) not going to be a 34-million strong influx of green card applications. It's (with 99.9% certainty) barely going to affect the cases of anyone who is posting here today. Whatever side of the political spectrum you're on, and whatever your ideological viewpoint on immigration reform and potential amnesty for undocumented immigrants is, it currently has little to do with processing times for AoS applicants who have received interview waiver letters as of November 2014. That's what this forum is for. Therefore, it doesn't seem to be the appropriate place for politically-charged, scare-mongering and factually dubious articles.

[Natonstan 129]

Lot's of useful information being posted as of late, I honestly don't expect to here anything on my case until next year now, January at the earliest, sad but true

[Derwood 203]

Has anyone in the NPIW club experienced any problems with medical examinations expiring? Has anybody been approved since 1 June 2014 with an expired medical? Hopefully I'm reading this wrong / missing something and 'getting my knickers in a twist' over nothing.

http://www.uscis.gov/news/alerts/uscis-issues-new-policy-form-i-693-report-medical-examination-and-vaccination-record

http://www.uscis.gov/policymanual/Updates/20140530-I-693Validity.pdf

http://www.nolo.com/legal-update/new-uscis-policy-one-year-validity-medical-exam-results-form-i-693.html

http://www.murthy.com/2014/04/23/uscis-issuing-rfes-on-i-485s-for-updated-medical-exams/

Edited November 13, 2014 by Derwood

[BabyFaceWife 11]

I have seen other threads on here talking about the medical only being valid for 1 year. I guess at this point I should be thankful that the stupid civil surgeons here made my husband do another exam in the states before they would give him his vaccines....his original medical was November of 2013 so we would have been screwed. We at least have until January now.

Ridiculous that their lack of staffing and lack of urgency is going to cost us more money. Again.