Interview Waiver Guidance

[Huckleberry&Koala 184]

Hey, I just wanted to share a link to the Interview Waiver Guidance from Uscis for anyone who is wondering if they are to be %100 interviewed or they have a chance not to be interviewed:

 

https://www.uscis.gov/sites/default/files/document/memos/2018-11-30-PM-602-0168-revised-interview-waiver-guidance-for-form-I-751.pdf

[17Miller 30]

Dope!!! Thx 🙏🏻 

[USC4SPOUSE 506]

12 minutes ago, Huckleberry&Koala said:

Hey, I just wanted to share a link to the Interview Waiver Guidance from Uscis for anyone who is wondering if they are to be %100 interviewed or they have a chance not to be interviewed:

 

https://www.uscis.gov/sites/default/files/document/memos/2018-11-30-PM-602-0168-revised-interview-waiver-guidance-for-form-I-751.pdf

Nice find, @Huckleberry&Koala! I also found this "The speakers confirmed that I-751 receipt numbers with the prefix MSC are routed for interview scheduling; receipt numbers that do not contain the MSC prefix (e.g., EAC, VSC, LIN, etc.) are routed to the appropriate service center for an interview waiver determination." https://www.dhs.gov/publication/uscis-processing-concurrently-pending-forms-n-400-and-forms-i-751

 

I was not aware of the fact that cases sent to the National Benefits Center from the get-go are routed there for interview scheduling. 

 

 

[RamonGomez 259]

I'm pretty sure I saw someone yesterday with an MSC case (who came on a CR visa) get an interview waiver... perhaps this has recently been loosened up?

[USC4SPOUSE 506]

3 minutes ago, RamonGomez said:

I'm pretty sure I saw someone yesterday with an MSC case (who came on a CR visa) get an interview waiver... perhaps this has recently been loosened up?

That's interesting but I suppose it is possible. 

[Huckleberry&Koala 184]

3 minutes ago, RamonGomez said:

I'm pretty sure I saw someone yesterday with an MSC case (who came on a CR visa) get an interview waiver... perhaps this has recently been loosened up?

Are you sure this person you are talking about came with CR visa or a person whose case is transferred to MSC? For example, some WAC filers are transferred to MSC to get a faster processing.

[RamonGomez 259]

2 minutes ago, Huckleberry&Koala said:

Are you sure this person you are talking about came with CR visa or a person whose case is transferred to MSC? For example, some WAC filers are transferred to MSC to get a faster processing.

It's this post here:

 

[USC4SPOUSE 506]

3 minutes ago, RamonGomez said:

It's this post here:

 

I suppose officers may still exercise discretion. It's USCIS, after all. 

[Huckleberry&Koala 184]

2 minutes ago, RamonGomez said:

It's this post here:

 

I guess it is because spouse is military and reside overseas. I don't think they loosen the rules for the regular couples already in US. Please refer to Page 4 in the link I attached. 

[Kaemouzy 16]

5 hours ago, USC4SPOUSE said:

Nice find, @Huckleberry&Koala! I also found this "The speakers confirmed that I-751 receipt numbers with the prefix MSC are routed for interview scheduling; receipt numbers that do not contain the MSC prefix (e.g., EAC, VSC, LIN, etc.) are routed to the appropriate service center for an interview waiver determination." https://www.dhs.gov/publication/uscis-processing-concurrently-pending-forms-n-400-and-forms-i-751

 

I was not aware of the fact that cases sent to the National Benefits Center from the get-go are routed there for interview scheduling. 

 

 

I know of an EAC case that was requested for an interview in New York City

[USC4SPOUSE 506]

11 hours ago, Kaemouzy said:

I know of an EAC case that was requested for an interview in New York City

Interesting. And that makes sense to me. I would think that they would still route cases for interview if needed be.

 

 

[Huckleberry&Koala 184]

11 hours ago, Kaemouzy said:

I know of an EAC case that was requested for an interview in New York City

 

11 minutes ago, USC4SPOUSE said:

Interesting. And that makes sense to me. I would think that they would still route cases for interview if needed be.

 

 

I think this is totally normal, they are not saying they will waive interviews in the other centers, but they say there is a chance to be waived whereas there is no chance for cr1s, except some cases such as being overseas military as @RamonGomez indicated.

[Crazy Cat 39,227]

It seems that ROC applicants who entered via a CR-1 will be interviewed.  My wife and I filled her I-751 package in March 2019.  We are still waiting for an interview.....and our case is rock solid.  Yes, we are MSC.

[mindthegap 2,521]

I can state for a fact and from experience that USCIS are not following that memo correctly in all cases.

 

I quoted large sections of it in a complaint regarding exactly that…. that was promptly entirely ignored. 

Besides, if you look hard enough there are conflicting pieces of INA and policy all over the place, largely giving them the opportunity to make it up as they go, with no accountability.

Edited May 28, 2021 by mindthegap

[DSOTM1973 52]

2 hours ago, mindthegap said:

I can state for a fact and from experience that USCIS are not following that memo correctly in all cases.

 

I quoted large sections of it in a complaint regarding exactly that…. that was promptly entirely ignored. 

Besides, if you look hard enough there are conflicting pieces of INA and policy all over the place, largely giving them the opportunity to make it up as they go, with no accountability.

Also, this is about 3 years old, and a lot of changes has happened since them including COVID and a new DHS leadership. In general, as you said, USCIS is making up stuff as they go. There is no clear criteria or system. Everything is subjective from officer to officer, and director to director, and office to office.