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Jun2580

Can USCIS Officer Be Discriminatory?

By Jun2580 in General Immigration-Related Discussion

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Jun2580 Explorer

Jun2580   27

Posted
Filed: F-1 Visa Timeline
Posted

Can a USCIS interview officer be discriminatory against same sex couples?

 

I am a gay foreign national, and married to a US citizen. We are going to apply for a marriage-based green card, and we are aware that there will be an interview with a USCIS officer.

My question is, is it possible for the interviewer/USCIS officer to have prejudice or biased opinions against gay couples?

Is it possible to get denied our green card OR get treated more strictly than heterosexual couples solely because of our sexuality and the USCIS officer's prejudice?

 

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geowrian Grand Master

geowrian   22,336

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Is it possible? Yes. But it would be a clear violation of policy and current law to act on your case using said prejudice. Many same sex couples go through the process without any issues. :)

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)
47 minutes ago, Jun2580 said:

and we are aware that there will be an interview with a USCIS officer.

 

 

Most people are not interviewed by USCIS when they petition their spouse. I have only seen one case that I can recall where the petitioner was called to an interview before the I-130 could be approved and that was someone who filed the same time as us (February 2016). Once the I-130 has been approved, USCIS no longer has anything to do with it. 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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janicecf Explorer

janicecf   73

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
2 hours ago, Jun2580 said:

Can a USCIS interview officer be discriminatory against same sex couples?

 

I am a gay foreign national, and married to a US citizen. We are going to apply for a marriage-based green card, and we are aware that there will be an interview with a USCIS officer.

My question is, is it possible for the interviewer/USCIS officer to have prejudice or biased opinions against gay couples?

Is it possible to get denied our green card OR get treated more strictly than heterosexual couples solely because of our sexuality and the USCIS officer's prejudice?

 

I agree with previous posts.

When my sister petitioned for her wife they were both interviewed without any problem whatsoever. 

Good luck! :) 

AOS

 

10/10/17 – Package sent (Chicago Lockbox)

10/17/17- Package received 

10/25/17 – E-notification (Text & Email) received

10/30/17 – NOA1 Received (From MSC/NBC)

11/03/17 - Biometrics Appointment Received (Appt. 11/14/17)

11/14/15 - Biometrics for I-485 & I-765 done

01/08/2018 - Received NOA2 (Request for applicant to appear for initial interview) 

01/17/2018 - EAD/AP approved (Took 92 days)

01/18/2018 - Received Text & Email regarding EAD/AP approval

01/22/2018 - Approval Notice received in the mail

01/22/2018 - EAD/AP card processed and mailed out via USPS. (Estimated delivery date 01/24/2018) 

01/24/2017 - EAD/AP card on hand

02/06/2018 - AOS interview appointment 

02/06/2018 - Interview - Recommended for approval

02/07/2018 - GC being produced

02/15/2018 - GC on hand:dance::dancing:

 

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