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Filed: Country: United Kingdom
Timeline

ok can anyone explain to me why some people get AOS interviews and some get approved without? How do they determine you need an interview?


Chrissy UK (Yorkshire) John USA (Minnesota)

20/July/05 Married in Las Vegas!!

AOS approved April 12th 2006!!

4/01/08 mailed I-751 to Nebraska

4/3/08 package arrives at Nebraska

4/11/08 check cashed

4/14/08 recieved NOA extension letter

4/26/08 recieved biometrics appointment letter plus it looks like our case has been forwarded to California!

5/02/08 Biometrics scheduled

5/02/08 Biometrics completed in 10 mins!

Woo Hoo....8/28/08 Recieved 10yr Greencard in mail, no approved email!! We are done!!!

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ok can anyone explain to me why some people get AOS interviews and some get approved without? How do they determine you need an interview?

If they feel there is already sufficient evidence to make a determination an interview can be waived.

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

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Filed: Citizen (pnd) Country: Ireland
Timeline

For AOS, I think it is totally random who they send to CSC, despite John_and_Marlene's post. Who knows what really happens there?!? ;)


03.04.2009......Posted I-130 to U.S. Embassy

03.04.2009......Ordered Police Certificate for Visa Purposes from Local Garda Office (ordered over the phone)

03.05.2009......I-130 received at Embassy

03.06.2009......Received Police Cert

03.18.2009......I-130 Approved

09.10.2009......Medical Exam

09.23.2009......Embassy receives Notice of Readiness

10.13.2009......Received our interview date

10.29.2009......Successful interview!

11.5.2009........Visa received in post

11.7.2009........All the family flew to the US together :)

12.20.2009......Received Welcome to America letter

12.24.2009......10 year Greencard received in the mail

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Some folks have theorized that applications through highly backlogged DOs are more likely to be transferred to CSC. But other than that, which is hit-and-miss, I swear it's mostly random. ;)


Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

Click on the "timeline" link at the left to view our timeline. And don't forget to update yours!

The London Interviews Thread: Wait times, interview dates, and chitchat for all visa types

The London Waivers Thread: For I-601 or I-212 applicants in London (UK, Ireland, and Scandinavia)

The London Graduates Thread: Moving stateside, AOS, and OT for London applicants and petitioners

all the mud in this town, all the dirt in this world

none of it sticks on you, you shake it off

'cause you're better than that, and you don't need it

there's nothing wrong with you

--Neil Finn

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

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Filed: Country: United Kingdom
Timeline

i tend to agree that its totally random. Luck of the draw i guess


Chrissy UK (Yorkshire) John USA (Minnesota)

20/July/05 Married in Las Vegas!!

AOS approved April 12th 2006!!

4/01/08 mailed I-751 to Nebraska

4/3/08 package arrives at Nebraska

4/11/08 check cashed

4/14/08 recieved NOA extension letter

4/26/08 recieved biometrics appointment letter plus it looks like our case has been forwarded to California!

5/02/08 Biometrics scheduled

5/02/08 Biometrics completed in 10 mins!

Woo Hoo....8/28/08 Recieved 10yr Greencard in mail, no approved email!! We are done!!!

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