Family-Based Immigration Filings: You May Just Have One Chance!

Breaking News: Some Family-Based Adjustment of Status Interviews to Be Waived

USCIS announced in October 2012 that it would reallocate some of its workload, and shift cases from the four service centers to a field office or to the National Benefits Center. As a result of this change, some family-based cases have been transferred from the California Service Center to the National Benefits Center.

Some of these family-based cases will not require an in-person interview. This means that if you have filed a family-based I-485 (application for adjustment of status, or commonly referred to as a green card application), you may not have to go to USCIS for an interview, if there is enough evidence in the file for USCIS to make a decision. These cases include the following:

  1. Unmarried minor children and stepchildren of US citizens (if there are original or certified copies of supporting documents in the file);
  2. Parents of US citizens, again, if there are original or certified copies of supporting documents in the file;
  3. Fiancé/es of US citizens and their children;
  4. Unmarried and under 14 year old children of lawful permanent residents (green card holders)
  5. Cases where the applicant has already been interviewed, and the officer determines that another interview is not necessary;
  6. Cases where there is sufficient evidence in the file to support the denial of the adjustment of status application.

The National Benefits Center will not waive the interview for the following types of cases:

  1. Cases filed under 245(i)
  2. Cases where the applicant entered without inspection (EWI)
  3. As part of a family packet, unless all members of the family meet the interview waiver requirements.

What does this mean for you?

If you have filed a family-based application for adjustment of status (green card application), you may not have to go to USCIS for an interview. If you have a clear-cut case and it is well documented, this can save time and your case may be processed more quickly. If you submit a case that is not well documented, is not well prepared, and raises questions, you may not have the opportunity to answer questions and clarify in an interview. Therefore it’s very important to submit a clean, fully documented petition from the start. Do you need assistance with this? Please contact us at esumner@sumnerimmigration.com for more information!

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