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On August 28, 2017, the USCIS announced that beginning October
1st, the USCIS will begin to phase-in “in-person”
interviews for Employment-Based, Adjustment of Status applicants
(Form I-485, Application to Register Permanent Residence or Adjust
Status).
Many years ago, the USCIS dropped the in-person interview
requirement for most Employment-Based, Adjustment of Status
applicants as a means to address backlogs in processing times and
because Employment-Based Immigrant Visa applicants presented few
security concerns. The USCIS has indicated that the change complies
with the March 6, 2017 Executive Order 13780, “Protecting the
Nation from Foreign Terrorist Entry in the U.S.,” and is part
of the USCIS’s comprehensive strategy to further improve the
detection and prevention of fraud and to further enhance the
integrity of the immigration system. The USCIS has also stated that
it is working collaboratively with other federal partners to
develop more robust screening and vetting procedures for foreign
nationals seeking immigration benefits to reside in the U.S.
Along with Employment-Based Immigration applications, all
applicants for refugee/asylee relative petitions (Form I-730,
Refugee/Asylee Relative Petition) for beneficiaries who are in the
U.S. and are petitioning to join a principal asylee/refugee
applicant will now also be interviewed. Beyond these categories,
the USCIS is planning an incremental expansion of interviews for
other benefit types.
It remains to be seen how many applicants will be required to have
an interview, and if implemented en masse, how the USCIS plans to
utilize its resources to handle the large new influx of expected
cases as well as to train its Examiners on how to make
determinations. If implemented en mass, it is certain to create
long additional delays in the completion of immigrant visa
applications. It is also likely to increase the overall cost of an
Adjustment of Status application as applicants will need to
continue to file extensions of Advance Parole and Employment
Authorization Documents along with additional government filing
fees while Adjustment of Status application are pending, perhaps
for a much longer period of time.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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