Is USCIS waiving Interviews in Adjustment of Status Green Card Cases?
Updated: May 3
Although not official policy, it appears that USCIS is waiving interviews in at least some Adjustment of Status cases
Despite the official position by USCIS that adjustment of status green card applications require an interview, we have recently noticed that USCIS has increased the waiver of the interview requirement in green card applications including cases based on family relationships. Interview waivers have been seen more often in employment based cases, but recently, we have noticed waivers in family based cases and even in marriage based cases which are cases that were deemed to especially require an interview.
Is there any indication of what types of cases are qualifying to have an interview waived?
Yes, we have noticed that cases with no criminal law or immigration law violations seem to be the cases that may be considered. Furthermore, in order to increase the possibility that the interview be waived we suggest, especially in marriage based cases to provide as much evidence as possible that the petitioner and beneficiary spouse are cohabiting at the same residence and to submit the medical exam along with the green card applications, forms I-130 and I-485.
Still expect to attend the interview
We would advise that when applying for the green card through the adjustment of status process, that you should still proceed with the expectation that there will be an interview especially since an interview waiver is not automatic, interviews are still occuring and the official USCIS policy is that interviews are still required.
With USCIS always plan for the worst and hope for the best
This recent trend appears to be one of the solutions implemented by USCIS to more quickly work through the massive amount of pending applications that resulted from the pandemic. As stated the best approach is to always be prepared and ensure that all documents are filed together whenever possible to make it easy for USCIS to find all the information they may need during processing of the application. Regardless, if the interview is still required, there is no need to worry especially if your application has been filed and screened properly by an experienced immigration attorney.
If you would like to confirm your eligibility for a green card please contact us to set up your consultation today.