USCIS may waive interviews for certain adjustment of status applications

Michael S Cho Immigration

Pursuant to 8 CFR §245.6, the USCIS may waive interviews for certain adjust of status applications to be determined on a case-by-case basis.  This was confirmed during a recent liaison meeting between representatives of the American Immigration Lawyers Association and the National Benefits Center.  The cases where interviews may be waived based on standards set at the national level are petitions involving:

  • Unmarried minor children and stepchildren of U.S. citizens (IR7 and CR7) that are accompanied by original or certified copies of supporting documents;
  • Parents of U.S. citizens (IR0) that are accompanied by original or certified copies of supporting documents;
  • K1/K2 entrants— Fiancé(e)s of U.S. citizens and children of Fiancé(e)s (CF1/CF2);
  • Natives/Citizens of Cuba filing under 11/2/66 Act (also spouses/children of such individuals regardless of their citizenship and place of birth) (CU6/CU7);
  • Unmarried & Under 14 year old children of lawful permanent residents (F27);
  • Cases where 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;
  • Cases in which there is sufficient evidence contained in the record to support a denial of the adjustment of status application.

Please note that the NBC will NOT waive the interview for applicants who file:

  • With Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
  • With an EWI class of admission
  • As part of a family packet; unless every application in the family packet meets the interview waiver criteria.