So who get AOS interview waived?

[CowBoE 429]

I was just curious as to...

Do USCIS tend to schedule interview with weak or strong cases?

Or is it just random?

If USCIS waves interviews strong cases (with solid evidence),

then its seems illogical as they are somewhat indirectly punishing them

by prolonging the GC card issuance.

What is your reading on this?

Thanks

[Hypnos 6,576]

Adjustment from any visa other than a K-1 is a mandatory interview.

For a K-1 there seems to be around a 50-50 chance as to whether you will have an interview or will just receive your green card in the mail.

There is always a chance of an interview on a K-1 no matter how strong your application is, for USCIS training purposes.

Edited January 17, 2015 by Hypnos

[TR&ZY 5]

I'm not sure how they pick and choose interview waivers... but I know by other timelines that its faster by having an interview.

We called on Dec,27 our 6 month deadline to check . I was told they were working on Feb 22, 2014 files. We filed AOS March 2014. And so we continue to wait, and wait.

[Gosia & Tito 199]

I was just curious as to...

Do USCIS tend to schedule interview with weak or strong cases?

Or is it just random?

If USCIS waves interviews strong cases (with solid evidence),

then its seems illogical as they are somewhat indirectly punishing them

by prolonging the GC card issuance.

What is your reading on this?

Thanks

Have heard and read articles/reports that there is a % of interviews (based on number of cases) that needs to be reached, but have never seen confirmation of those. Do not have those links thoug, I took it as anecdotal.

What I can say on our personal case was that, we had a K-1 interview and we did not have interviews for AOS nor ROC and process times didn't seem to be too far off the average/standard at the time of the process.

I would think it was based on strong evidence, but just my opinion. Evidence we had is what anyone would expect: banks accounts, car loans, house title, health care, 401 beneficiary, pics, taxes jointly. The only thing that might had been 'over board' was that we travel quite a bit to Europe and South America and we had pics of every trip, thus we had a lot of pics together (I scanned and printed 2 per page) plus a legend noting the place (which was obvious from pic anyway) and that matched flight itineraries and boarding passes.

[KayDeeCee 4,893]

It appears to be random. I also think they may need to have a certain amount of interviews per office or some other form of interview quota. My husband was called for an AOS interview, but it was just a formality, and they already had the papers ready to approve him. They asked for no extra evidence, it lasted about 5 minutes and he was approved on the spot.

[TBoneTX 45,324]

they may need to have a certain amount of interviews per office or some other form of interview quota.

This is accurate. I don't know what the quota for AOS interviews is, but an immigration attorney told me some time ago that USCIS was required by statute to interview 5% of ROC applicants.

[CowBoE 429]

Adjustment from any visa other than a K-1 is a mandatory interview.

For a K-1 there seems to be around a 50-50 chance as to whether you will have an interview or will just receive your green card in the mail.

There is always a chance of an interview on a K-1 no matter how strong your application is, for USCIS training purposes.

Oh I didn't know the interview was mandatory for all other filings.

Good to know. I'm learning all the time from VJ site. Thanks.

I'm not sure how they pick and choose interview waivers... but I know by other timelines that its faster by having an interview.

We called on Dec,27 our 6 month deadline to check . I was told they were working on Feb 22, 2014 files. We filed AOS March 2014. And so we continue to wait, and wait.

I always thought if you were called for interview, that was because likely you had a weaker

case/evidence and they wanted to do more probing in person, but I guess that is not the

case all the time. Yes, I've been hearing from everyone that getting the interview will likely

speed up the GC approval. Bit illogical to me, but I get it now.

Have heard and read articles/reports that there is a % of interviews (based on number of cases) that needs to be reached, but have never seen confirmation of those. Do not have those links thoug, I took it as anecdotal.

What I can say on our personal case was that, we had a K-1 interview and we did not have interviews for AOS nor ROC and process times didn't seem to be too far off the average/standard at the time of the process.

I would think it was based on strong evidence, but just my opinion. Evidence we had is what anyone would expect: banks accounts, car loans, house title, health care, 401 beneficiary, pics, taxes jointly. The only thing that might had been 'over board' was that we travel quite a bit to Europe and South America and we had pics of every trip, thus we had a lot of pics together (I scanned and printed 2 per page) plus a legend noting the place (which was obvious from pic anyway) and that matched flight itineraries and boarding passes.

I sent in quite a bit of evidence myself...health insurance, life insurance beneficiary, 401/IRA beneficiary,

stock account beneficiary, joint bank account, joint credit account, etc.

I work for a big corporation, and every department gets audited once a year,

and I can see each location having to perform certain % interviews for audit purposes.

It appears to be random. I also think they may need to have a certain amount of interviews per office or some other form of interview quota. My husband was called for an AOS interview, but it was just a formality, and they already had the papers ready to approve him. They asked for no extra evidence, it lasted about 5 minutes and he was approved on the spot.

I'm guessing they will interview those that have weak cases, and also some random selections.

It's good to know that "formality" interviews are also scheduled...so we needn't panic if one is scheduled. Thanks.

This is accurate. I don't know what the quota for AOS interviews is, but an immigration attorney told me some time ago that USCIS was required by statute to interview 5% of ROC applicants.

Wow...only 5%...I guess that's higher than credit card companies.

One time I had identity theft issues (someone was trying to open bunch of credit cards using my identity),

so I call those companies to cancel the card and complained why they didn't perform any verification checks

before issuing the card, and they told me that they call and verify person's identity, employment, etc.

for less than 2% of the applicants. I was shocked!

Thanks all.

[ahlibs 2]

In June 2014 I received a notice saying I was a potential interview waiver case and January 17th 2015 (last Saturday) my AOS application was approved without an interview! During the K-1 and AOS filing process I provided a ridiculous amount of evidence (photographs of the two of us over the course of our entire relationship so far, copies of letters, screenshots of text messages, hotel receipts, travel tickets, pictures of both of us with his family, silly pictures of me with his kids during my visits), whatever I could to show our connection and prove that we had full intent of living together and that I developed close ties with his family too. Obviously there was a bit more than that (his mother was my co-sponsor). I was as transparent as possible and I think it worked in my favour.

[CowBoE 429]

In June 2014 I received a notice saying I was a potential interview waiver case and January 17th 2015 (last Saturday) my AOS application was approved without an interview! During the K-1 and AOS filing process I provided a ridiculous amount of evidence (photographs of the two of us over the course of our entire relationship so far, copies of letters, screenshots of text messages, hotel receipts, travel tickets, pictures of both of us with his family, silly pictures of me with his kids during my visits), whatever I could to show our connection and prove that we had full intent of living together and that I developed close ties with his family too. Obviously there was a bit more than that (his mother was my co-sponsor). I was as transparent as possible and I think it worked in my favour.

That's interesting that they informed you on being an interview candidate

instead of making the firm decision first.

I didn't know USCIS can be that proactive in communication...but it's good. :-)

[Tina and Johan 206]

our waiver experience: K1 was through Dublin, Ireland. I sent what was asked of the 129F package only. My husband took a pile of evidence about an inch thick of pics, communications, etc, but the interviewer didn't look at it. For AOS application: we sent only what was asked for. We didn't frontload a thing. a waiver letter was received by my 10 year old stepson in mid-November, but nothing for my husband, so far. We assume his just didn't get sent out, or was lost. (shrug) I'm really not sure what to think at this point. We filed AOS August 2nd, and have only an update of "fingerprint fee received" back in early August. From our perspective, it must be random selection.

[KayDeeCee 4,893]

That's interesting that they informed you on being an interview candidate

instead of making the firm decision first.

I didn't know USCIS can be that proactive in communication...but it's good. :-)

Yes, they send a letter. People get their interviews waived without sending in extra evidence that is not required with the initial filing. It is not based on whether or not you send documentation of your marriage that is not required for filing the I-485. http://www.visajourney.com/forums/topic/452854-notice-of-potential-interview-waiver-case/

Also, there have been some cases where a waiver letter is received, but they are still called for an interview later.

[Derwood 203]

There is nothing random about the selection case for potential interview waivers at all. This is what the USCIS has to say about the selection process:

USCIS policy regarding the criteria for interview waiver cases has not changed. NBC’s determination 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 a final determination without an interview. NBC 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.

NBC identifies cases that may be eligible for an interview waiver, in part, by means of an electronic sweep of the case information obtained from the I-485 and/or I-130, if present. 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)

Though an applicant may qualify for interview waiver based on one of these criteria, there are instances when the application will not be transferred to the Service Center for processing without an interview. For example, NBC maintains the integrity of all “family pack” applications. If an interview waiver eligible application was filed with a family pack, all applications in the family pack will be placed in the scheduling queue for interview scheduling by the Field Office. NBC will not separate applications if filed together.

Additionally, NBC may send an interview waiver eligible application to the Service Center based on the criteria described above, and the Service Center may determine that the application requires an interview. In those circumstances, the Service Center will return the application to NBC for interview scheduling by the Field Office.

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) InterviewWaivers.

The AFM may be found on the USCIS website under Laws, select Immigration Handbooks,Manuals, and Policy Guidance, select Chapter 23.2 and scroll down to section (h)

Edited January 19, 2015 by Derwood

[KayDeeCee 4,893]

Yes, that was from a 2012 USCIS Q&A as an answer to this question about petitioning parents > http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/April%202012/NBC-FloridaBar042412.pdf

Question 2: During a recent meeting the issue of USC’s petitioning for parents was raised and NBC said normally an interview is not scheduled. However in almost all cases we are seeing interviews scheduled. Has there been a policy change?

The FAM states there really is no solid criteria >

(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 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.

And the waiver guidelines are basically just saying which types of cases can be waived>

(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

If you look at the cases that get waived, there is no distinct pattern to be found, It seems to be only that they are adjusting from a K-1. Interview quotas also seem to make sense after seeing quite a few say their interviews lasted 5-10 minutes, and they did not need to supply more evidence or get asked any relationship questions. They were approved on the spot and their cases were not scrutinized at all.

[Tina and Johan 206]

Though an applicant may qualify for interview waiver based on one of these criteria, there are instances when the application will not be transferred to the Service Center for processing without an interview. For example, NBC maintains the integrity of all “family pack” applications. If an interview waiver eligible application was filed with a family pack, all applications in the family pack will be placed in the scheduling queue for interview scheduling by the Field Office. NBC will not separate applications if filed together.

This makes it seem like our K2 and my husband should have an interview. But my K2 got an interview waiver letter back in November. Has ANYONE experienced this?? Every time I ask about this, I get no answers.

[Hypnos 6,576]

K-2 interviews, even if they happen, are usually a formality. They want to see the minor child, perhaps ask a couple of questions, and that's about it.