With a very few exceptions, an in-person interview with USCIS adjudicator is a required step in the review process for all employment and family I-485 adjustment of status and all N-400 naturalization applications. An interview is required for many I-751 removal of condition applications as well.
The USCIS officer may disqualify an interpreter provided by the applicant if the officer believes the integrity of the examination is compromised by the interpreterâs participation or the officer determines the interpreter is not competent to translate. The USCIS appointment notice will include a list of items to take to your I-485 interview.
Our client did not disclose prior citations on the I-485 (or N-400) application because the applicant did not realize that traffic (or other) tickets are considered a âcitationâ (they are!). The failure to disclose citations on the I-485 (or N-400) can be a significant negative factor even if it was done inadvertently.
In our experience, having an attorney at the USCIS interview does not impact the application or the interview negatively. We have heard applicants express concern that bringing an attorney with them to the interview makes the adjudicator think that there is something âwrongâ with the application or that they have something to âhide.
But, in general, I do want to say that for most people, you don't need an attorney. But if it's going to give you peace of mind, there's nothing preventing you from doing it either. There are immigration attorneys who will agree to attend just for an interview as long as they can review the file ahead of time.
An attorney at the USCIS interview would: Provide Clarifications, Explain Facts and Provide Legal Arguments. If there is a need to clarify a question (by the adjudicator) or an answer (by the applicant), it is the attorney's role to âjump inâ and provide such clarification in order to keep the interview on track.
The immigration process can be intimidating and take a long time, but hiring an immigration attorney to support you with your case can speed up the process and help you meet your goals.
Technically, the USCIS has to provide you with a decision on your naturalization application within 120 days of your naturalization interview. In a green card application, the USCIS is supposed to provide you with an official notification of their decision within 30 days of your interview.
3:4919:00Employment Based AOS (I-485) Interview: Do You Need a Lawyer to ...YouTubeStart of suggested clipEnd of suggested clipOr maybe just take a lawyer with you now there are a lot of rumors that if you take a lawyer it's aMoreOr maybe just take a lawyer with you now there are a lot of rumors that if you take a lawyer it's a negative thing is it a negative thing in taking a lawyer no uh you have a right at the i-45
If the interview goes well, the U.S. government will approve your Green Card case. In many cases, the interviewing officer will let you know that your case is approved at your interview! You can expect to receive your Green Card in the mail some 2 to 3 weeks after your case is approved.
If you need expedited processing, you should always work with an experienced immigration immigration lawyer in Los Angeles who can help you send in a written request that makes the strongest possible case on your behalf.
8 to 14 monthsForm I-485 Processing Time Summary After filing Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from 8 to 14 months. The basis of your adjustment of status (e.g. family, employment, asylum, etc.) will be a significant factor. This is an approximation.
Here is a list of ideas to achieve faster processing:Allow travel/âwork authorization based on Iâ485 receipt to free up resources for final green card adjudications. ... Stop RFEââing for medical exams. ... Reuse previously submitted biometrics for Iâ485s. ... Stop reââadjudicating downââported EB2 to EB3 Iâ140s.More items...â˘
It doesn't. The best strategy is simply to assume that anything you post online will be seen and examined by immigration authorities. Some immigration attorneys may even recommend that you refrain from social media use entirely while your visa or green card application is pending.
It means that you case has not yet been approved. There is probably no reason to worry at this time; it used to be customary for USCIS to approve I-485s immediately after the interview, but that is no longer the norm.
The simple answer, of course, is that it is impossible to know whether USCIS knows if an applicant for a green card or for naturalization is lying to them. The safe assumption is that they DO know everything about you and that, if you lie in the interview, you will be caught.
USCIS will generally schedule the interview at an office nearest you. In some areas of the country, this may require a long drive and an overnight...
The USCIS appointment notice will include a list of items to take to your I-485 interview. Follow the directions on your appointment notice, but th...
The typical adjustment of status interview lasts approximately 20-25 minutes. After introductions and swearing in, that doesnât leave much time for...
USCIS will generally schedule the interview at an office nearest you. In some areas of the country, this may require a long drive and an overnight stay. For family-based I-485 applications, USCIS generally requires both the applicant and petitioner to attend the I-485 interview. They will make a decision to waive the interview on a case-by-case basis. You canât request USCIS to waive the interview, and you should always expect one for marriage-based applications. In some non-marriage based cases, USCIS may require only the applicant to attend the adjustment of status interview. However, USCIS does not require employers to attend interviews for employment-based I-485 applications.
If itâs been 90 days since your I-485 interview and you still donât have a decision, call USCIS at 1-800-375-5283 to schedule an InfoPass appointment. Itâs important to follow up.
The USCIS appointment notice will include a list of items to take to your I-485 interview. Follow the directions on your appointment notice, but this list will get you prepared for the I-485 interview. You should expect to take the following items: 1 A government-issued photo identification such as a passport (even if expired) but can also be any other government-issued photo ID like a driverâs license. 2 Appointment notice (I-797C, Notice of Action) for your I-485 interview. 3 A complete copy of your adjustment of status application package. In addition to Form I-485, have available any other forms (e.g. I-130, I-130A, I-864, I-131, I-765) you may have submitted. 4 Originals of any supporting documents that you submitted to USCIS with the adjustment of status application. Especially important examples include birth, marriage and death certificates as well as divorce decrees (if applicable). 5 Your passport (unless you are in certain categories such as refugee/asylum). 6 Any other travel documents, for example your advance parole permit if you traveled while awaiting your interview. 7 Doctorâs report from your required medical examination on Form I-693 (if you did not submit this report with the original adjustment application). 8 If applying based on employment, an up-to-date employment verification letter from your employer, documenting continued employment at a specified salary. 9 If applying based on marriage, copies plus originals of documents showing your shared life, such as a joint lease or mortgage, joint bank account or credit card statements, childrenâs birth certificates, and so on.
Especially important examples include birth, marriage and death certificates as well as divorce decrees (if applicable).
The interpreter should take a valid, government-issued identity document and a prepared Form G-1256 (Declaration for Interpreted USCIS Interview) to USCIS on the day of the I-485 interview. The applicant and interpreter both sign Form G-1256 at the interview in front of the officer.
Almost everyone must go through an interview during the adjustment of status process. In fact, thereâs reason to get excited. The I-485 interview is likely the last step in your application process. If all goes well, youâll be a permanent resident (green card holder) at the end of the interview. Interviews are a standard part ...
If applying based on employment, an up-to-date employment verification letter from your employer, documenting continued employment at a specified salary.
It is common for USCIS to review the file after the initial interview, because they want to make sure that nothing was overlooked before approving the file. The fact that you were separated during the interview is an indication that the adjudicating officer has concerns about the bona fides of your relationship. They can approve the application as is or they can schedule subsequent interviews until they have enough evidence to make a decision. In situations where they suspect marriage fraud, they will mail you a Notice of Intent to Deny and give you up to 30 days to submit additional evidence to overcome their suspicions.
PT. It is common for USCIS to review the file after the initial interview, because they want to make sure that nothing was overlooked before approving the file. The fact that you were separated during the interview is an indication that the adjudicating officer has concerns about the bona fides of your relationship.
Our client did not disclose prior citations on the I-485 (or N-400) application because the applicant did not realize that traffic (or other) tickets are considered a âcitationâ (they are!). The failure to disclose citations on the I-485 (or N-400) can be a significant negative factor even if it was done inadvertently. During the interview our attorneys were able to clarify that there are, in fact, citations that should have been disclosed and we addressed the reasons why such citations were (inadvertently) not disclosed on the I-485 (or N-400). Similarly, our attorney was able to explain that the substance of such citations should not affect the outcome of the application. The adjudicator agreed and approved the I-485 application
An employment-based I-485 applicant who was on H-1B status had a prior H-1B denial which had caused the applicant to be without status and unlawfully present for a brief (less than 180 days) period of time. Our attorney was able to explain the circumstances to the adjudicator and to provide the required legal arguments that Section 245 (k) âexcusesâ up to 180 days of unlawful presence. The attorney was able to successfully and explicitly explain how the law and the facts justify approval despite such an issue. The adjudicator agreed and approved the I-485 application.
Rarely, an attorneyâs role is to intervene in a more decisive manner if the adjudicator intends to take a negative action on a case. Sometimes an adjudicator comes into an interview with a predetermined view that a certain facts justify denial or finding of ineligibility. This can be based on incorrect facts or understanding of the law, ...
If there is a need to clarify a question (by the adjudicator) or an answer (by the applicant), it is the attorneyâs role to âjump inâ and provide such clarification in order to keep the interview on track. Similarly, if the case has an outstanding factual or legal issue, it is the attorneyâs role to draw the adjudicatorâs attention to such facts ...
We also think it is important to have a âfriendâ at the interview, even if the interview is going well. Some applicants are, understandably, stressed and nervous when attending the USCIS interview and having an attorney who understands the process, including its logistics and dynamics, can be tremendous moral support. Even when we do not have to intervene during a âgoodâ USCIS interview and when we do not have to say much other than exchange pleasantries, our clients have told us that the mere presence of an attorney during the process has made them feel more relaxed and comfortable throughout the interview which ultimately helps with the outcome.
In our experience, having an attorney at the USCIS interview does not impact the application or the interview negatively. We have heard applicants express concern that bringing an attorney with them to the interview makes the adjudicator think that there is something âwrongâ with the application or that they have something to âhide.â.
As discussed in this article, we believe that it is very important to have an attorney help an applicant prepare for and attend the USCIS interview, even where the interview may appear âstraightforwardâ or âeasy.â We have seen way too many cases where the applicant felt comfortable presenting their case only to be confronted with information which they could not address or rebut and which has lead to a denial. Appealing an incorrect denial is certainly possible but it is very expensive and time-consum ing (in some I-485 cases requiring stopping employment or even departing the US).