Personal Interview Criteria Revised for I-485 / Adjustment Applicants
Posted Mar 25, 2005
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As part of their ongoing backlog reduction efforts, the USCIS issued a memo on January 5, 2005, revising the criteria for waiving an in-person interview for applicants for adjustment of status to permanent residence (Form I-485). This is important to many MurthyDotCom and MurthyBulletin readers who have already filed or plan to file for adjustment of status with Form I-485. Essentially, the regulations state that all applicants for adjustment of status need to be interviewed. As many of our readers may be aware, however, most employment based I-485 applicants are not interviewed. This is due to nationally-established criteria for waiving the need for an interview where the USCIS determines that it is unnecessary. This topic was covered in our September 20, 2002 article, INS Policy on Adjustment of Status Interviews, available on MurthyDotCom.
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The USCIS backlog reduction efforts have necessitated review and revision of the adjustment interview waiver standards. The USCIS District Offices have reported receiving numerous cases transferred for interview, as the USCIS Service Centers are processing more cases. After review of some of the cases, the USCIS decided to revisit the interview waiver criteria so that it is consistent with the backlog reduction efforts. The USCIS Memo notes that interviews are not appropriate as a method for obtaining information that could be sought in a Request for Evidence (RFE).
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Current Waiver Criteria in Employment-Based Cases
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Under the current criteria, interviews are generally waived when:

• the principal applicant continues to be employed with the petitioning employer;

• the principal applicant has been approved in the Extraordinary or Exceptional Ability classification;

• the principal applicant has been approved as an Outstanding Professor / Researcher or Multinational Executive / Manager and continues to have an ongoing job offer with the sponsor; or

• the principal applicant is a physician who has been approved for a National Interest Waiver based on his or her having worked in an underserved area.

Transfer Criteria for Personal Interviews
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Prior to the changes in the current Memo, the following cases would all be automatically transferred for an interview at the local USCIS District Office.

• cases where there was a need to verify identity or legal status;

• cases with questions of admissibility / qualifications for adjustment (which would include cases where there was any criminal involvement);

• cases with potential fraud issues;

• applicants with certain medical conditions and those with fingerprints that were rejected twice;

• second filings for adjustment of status, which require review of the prior case/s; and

• cases where the "A File" cannot be located at interview time.

Revised Criteria
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Entry Without Inspection / Verification of Identity : The need to automatically interview in this situation is under review. While this is being reconsidered, such cases continue to require an interview.
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Validation of Legal Status : Cases requiring validation of legal status will now only have an interview if the information cannot be determined by a Request for Evidence issued by the Service Center.
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Questionable Admissibility / Qualifications for Adjustment : Applicants who had issues regarding admissibility will not always be set for interview. These applicants will not need an interview if the admissibility issues pertain to matters that were previously favorably resolved. These cases will stay with the Service Centers. Cases with other qualification problems that cannot be resolved by the issuance of an RFE, must be interviewed. Thus, people applying for adjustment of status in cases where there are criminal issues should still expect interviews.
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Apparent Fraud : Cases where fraud is suspected must go through certain referral procedures with Fraud Detection Units before transfer for an interview. If a case is transferred for an interview on this basis, the file is to contain a memo explaining the concern, setting out any proof that has been located, and identifying any other related cases.
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Fingerprint Rejection : In cases where the fingerprints have been rejected twice, the Service Centers are now supposed to request certificates from local law enforcement authorities, establishing good conduct for five years.
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Medical Conditions : Rather than requiring an interview when there is a medical condition that would bar approval, the Service Centers should opt for requesting the applicant to file a waiver of the medical ground of inadmissibility.
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"A" File Missing or Lost : This is essentially a case where the file is lost or misplaced. From time to time a USCIS officer is unable to locate an adjustment applicant's A file. The policy is that the USCIS Service Centers must try to find all files before adjudication. If the file is lost, they are to create a temporary file under current procedures.
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Interview Now Requires Supervisor's Approval : In addition, as yet another precaution against unnecessary file transfer, it is noted that cases should only be transferred where there is a benefit that can be obtained by conducting the interview. Most cases require the approval of a supervisor prior to transfer.
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Conclusion
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Streamlining efforts by the USCIS and other federal agencies to make the process faster and more efficient are always appreciated by employers, employees, and all others filing for any immigration benefits. Transferring cases for interviews often causes a delay of many months. While it is understandable that certain issues need a face-to-face assessment, others do not. The backlog reduction efforts at the USCIS Service Centers will be meaningless for many, if the cases just end up stalled at the local District Offices for personal interviews. Hopefully, the changes outlined above will help applicants receive immigration benefits in a timely manner, as well as narrow the work of the District Offices to those cases that truly need their personal attention and an interview.