Jump to content
Sign in to follow this  
sptruck

What is Approval Without Interview?

3 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: Canada
Timeline

What are the criteria for an approval of AOS without an interview? How does USCIS determine whether they need to interview us or not? Are these cases expedited in some way because there is no interview?

Our AOS package is in their hands, by the way, so whatever will be will be...


TIMELINE

* K3 through Montreal *

03-17-2004: I-130 NOA1

04-09-2004: I-129F NOA1 (K3)

09-27-2004: Sold the house

10-14-2004: I-130 transferred from Neb. to Calif.

10-14-2004: I-129F NOA2

11-03-2004: Receive Packet 3

11-05-2004: Returned DS230 and checklist

11-08-2004: DS230 and checklist received in Montreal

11-18-2004: Receive Packet 4 - interview scheduled for 12-13-2004

12-13-2004: K3 received in Montreal

12-30-2004: Enter the States at Port Huron, Mich., on the way to Seattle

* AOS through Seattle *

02-06-2006: AOS, EAD package arrives in Chicago

02-11-2006: EAD NOA1

02-13-2006: AOS NOA1

04-05-2006: Biometrics appointment in Seattle

05-03-2006: EAD approval notice (by email)

05-06-2006: Receive interview notice

05-08-2006: EAD arrives by mail

06-06-2006: Interview and approval

06-19-2006: Green card arrives by mail

Share this post


Link to post
Share on other sites
What are the criteria for an approval of AOS without an interview? How does USCIS determine whether they need to interview us or not? Are these cases expedited in some way because there is no interview?

Our AOS package is in their hands, by the way, so whatever will be will be...

From the Adjudicators Field Manual:

(1) Regulatory Authority. 8 CFR 245.6 allows USCIS to waive interviews of applicants for adjustment of status under Section 245 of the Immigration and Nationality Act (Act). The purpose of this provision is to enhance the ability of directors to efficiently and effectively manage workloads and resources; to enhance directors' abilities to direct resources into the area of fraud detection and deterrence; and, in instances where interviews are unnecessary, to reduce waiting time and burdens on the public. The regulation does not specify which Service officials have the authority to waive interviews. It also does not set forth the criteria to be used when determining whether an interview should be waived.

(2) Delegated Authority. On November 4, 1992, the Executive Associate Commissioner for Operations issued a memorandum delegating the authority to waive interviews to all district directors and service center directors. These directors are responsible for the application of this provision within their individual jurisdictions. Directors were required to create written local policies and procedures to ensure that the waiver provision is applied only to cases falling within the USCIS-wide guidelines set forth in the memorandum (see paragraph 3). These local policies and procedures were intended to reflect local conditions dictating the need for further restrictions upon the application of the waiver provision. The memorandum further specified that interviews could not be waived merely to reduce backlogs.

Waiver Guidelines. All adjustment of status applicants under section 245 of the Act will continue to be interviewed, unless an individual determination has been made that an interview is not necessary, and the case falls within both USCIS-wide and local guidelines for interview-waiver cases. The determination as to whether an interview is required must be made on a case-by-case basis. A waiver of the interview requirement may be granted only if:

• the adjustment application is based upon a petition for an employment-based preference classification (I-140), accompanied by original or certified copies of supporting documents, and the principal alien will continue employment with the same individual or firm for whom he or she is lawfully employed as a nonimmigrant, or the adjustment application has been filed by a derivative spouse or child of such principal alien;

• the adjustment application is based upon an immigrant petition for an unmarried minor child of a U.S. citizen accompanied by original or certified copies of supporting documents;

• the adjustment application is based upon an immigrant petition for a parent of a U.S. citizen accompanied by original or certified copies of supporting documents;

• 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;

• the applicant is a native or citizen of Cuba filing for adjustment under the Act of November 2, 1966, or the spouse or child of such an alien regardless of their citizenship and place of birth; or

• sufficient evidence is contained in the record to support a denial of the adjustment of status application.

Edited by john_and_marlene

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Russia
Timeline

From what I've seen, it's been K-1 adjustment cases that you see being approved without an interview.


09-02-2005 Applications for AOS, EAD, and AP received by MSC

10-21-2005 AOS fingerprint notice for 12-08-2005

11-07-2005 AP approved

12-05-2005 Infopass appt at San Jose office for interim EAD -- Refused, because it is already approved by MSC on 11-07-2005

12-07-2005 Attempt at interim EAD at San Francisco office -- no go. Back to San Jose, where CSO (chief station officer) tells they will contact MSC via email to request permission to issue interim EAD

12-08-2005 Biometrics for AOS and EAD. Having no EAD appt letter was no problem (used EAD NOA)

12-15-2005 EAD arrived in the mail

12-24-2005 Received interview letter; interview scheduled 03-01-2006

01-28-2006 Received replacement SSN card in married name (5 wks since application)

03-01-2006 AOS interview -- approved; received stamp in the passport

03-13-2006 Green card arrived in the mail

---

Filing for removal of conditions

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...