Interview waiver

[JustBreathe 22]

Just curious how common it is to not have to do the AOS interview? Do many people (Canadians) get the waiver?

thanks!

[HollyGolightly 72]

I am reposting an answer I wrote to the same inquiry on the July AOS forums page.

Generally, family-based Form I-485, Application to Adjust Status, requires an interview to be conducted at the applicant's local service center. The requirement for these interviews is set under the Code of Federal Regulations (CFR 8, 246) which also provides that interviews may be waived in certain cases.

USCIS has authority to waive an interview if the case falls within one of the situations where an interview waiver can be granted. USCIS’s decision to waive the interview is based on national (level) standards, and include adjustment categories in which there is normally enough evidence to make a decision without an interview, among the cases wherein interview can be waived is for K1/K2 entrants--Fiances of U.S. citizens and their children, 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, and cases in which there is sufficient evidence contained in the record to support a denial of the AOS application.

Interview waiver is usually not granted for I-485 cases:

--With Supplement A to Form I-485, Adjustment of Status Under Section 245(i) (Penalty cases)

--With an EWI (Entry w/o Inspection) class of admission; or

--As part of a family packet--unless every application in the family packet meets the interview waiver criteria.

I am not sure if a lot of Canadians, particularly get interview waivers. It seems that the standard for interview waiver applies regardless of country of origin.

[Canerican 242]

The general consensus is that if you are a K-1/K-2 you have a 50/50 chance of getting your interview waived. If you look at my timeline you will see what has transpired over the last few months. Also as was mentioned above it is not necessarily a country specific thing. Hope this helps and good luck on your journey

[JustBreathe 22]

thank you!!

[Jen and Mikey 13]

Can't always go by dates though.... I applied for AoS in May and got my waiver in July and still haven't heard anything about anything.... Still says under review.

It's the gov't, they do what they want

[Rob & Monika 87]

Too bad we can't filter the AOS stats page by country. Our interview was waved after about 3.5 months with a letter saying it would be another 6 months for the GC.

[Udella&Wiz 325]

Ours was transferred to CSC which pretty much meant it was waived (Since we live in the VA/DC area) - no clue about stats