In-Person Interviews to be Required Prior to Approving I-485s in All Employment-Based Cases

The U.S. Citizenship and Immigration Services (USCIS) has clarified its new policy on the expanded use of in-person interviews. Effective October 1, 2017, the USCIS will begin requiring an in-person interview prior to approving any application to adjust status (form I-485) filed based on an employment-based petition (e.g., form I-140). The in-person interview requirement will also apply to beneficiaries of refugee / asylee relative petitions (form I-730). This is being instituted in response to an executive order issued by President Trump.

There are still numerous unanswered questions regarding this new policy, including whether derivative family members in employment-based cases will be required to attend in-person interviews. Moreover, given the lengthy wait times that exist for other green card categories where in-person interviews are already required, such as certain types of marriage-based cases, it remains unclear how the USCIS will be able to devote sufficient resources to handle this new interview requirement.

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