The immigration process is often regarded as complex and time-consuming in nature, though not always challenging.  Immigration generally involves the completion and submission of application forms to the government along with supporting evidence.  Some immigration cases are simple and require only the filing of applications while other processes can require more complex documents and additional steps including an appearance at an interview before USCIS Officers.  It all depends on the type of case whether attendance at an interview is required.  USCIS interviews are conducted for various types of applications including adjustment of status, naturalization, family petitions, asylums, consular processing, and more.  For the average applicants, these interviews can be anxiety-inducing if they do not know how to prepare and especially if there are issues with their cases.

Let us take a brief look into two of the most common types of interviews conducted by USCIS, adjustment of status and naturalization.  We provide information here to help prepare for these interviews by answering some basic and most frequently asked questions that arise during the preparation process.  In-person interviews are conducted by USCIS Officers for the purpose of confirming applicants’ identities, their eligibility for immigration relief, and reviewing the application and supporting evidence as well as revising information contained in the forms, if necessary.  All adjustment of status and naturalization cases require interviews before USCIS unless the interview is waived on a case-by-case basis and for good cause.

Adjustment of Status Interviews

So what should people know about an adjustment interview which follows the filing of Form I-485, Application to Register Permanent Residence or Adjust Status?
The applicant, also known as the beneficiary, as well as any derivative beneficiaries in the application must appear at the interview at the designated location on the date and time specified in the appointment notice.  The Petitioner must appear at the interview as well and should be prepared to answer any questions regarding the familial relationship and the family petition filed.  If English is not the applicant’s best language, then an interpreter who is fluent and experienced with the interview process must attend the interview to translate.  It is important to have reviewed all the questions, answers, and content in the application before the interview in case there is anything to correct or update in the forms with the Officer.  Applicants must take all identification, original civil documents, additional supporting evidence, and copies of these documents to the interview appointment along with the interview notice.

The USCIS Officer will verify the applicant’s eligibility for adjustment of status and then proceed to review all the information contained in the application by verbally asking the applicant each individual question.  If there are any corrections to be made, the officer will do it in writing at the interview.  Be careful on Part 8 of Form I-485 and the questions about general eligibility and inadmissibility grounds at the end of the application.  It is important to make sure the applicant understands the questions clearly before answering and to answer correctly and consistently.  If the officer moves too fast through this part of the interview, then the applicant must request that the officer slow down, ask the questions slower, or repeat the questions.  It is completely acceptable to do this.  The officer will request to see identification and original civil documents and then review all other documentary evidence that was previously submitted with the packet.  Depending on the officer, a decision could be issued the same day as the interview or the applicant might have to wait for a written decision to arrive in the mail within a few weeks to a couple of months following the interview.  It is also possible for the officer to ask for more documents or evidence to review before making a decision and in that case, the applicant may receive a Request for Evidence (“RFE”) listing additional documents that must be mailed to USCIS or dropped off at the office by a specified deadline.

Naturalization Interviews

There exist some similarities in the interview process between naturalization and adjustment of status cases as described above, however, Form N-400, Application for Naturalization interviews are different because of the testing requirements.  Naturalization applicants must appear at their interviews at the designated location and on the specified date and time.  They must take identification documents and proof of permanent resident status to the interview along with the appointment notice.  The Officers usually start the interview with tests to measure applicants’ proficiency in the English language and to examine their knowledge of American government and history, also referred to as the civics test.  If the applicant does not qualify for a special exemption to take the test in another language, then he or she must be prepared to speak English,  read a simple sentence in English, and write a simple sentence in English.  For the civics test, applicants must study for 100 questions in total, but will be asked ten (10) questions by the officer and must answer at least six (6) questions correctly in order to pass the test.

Once the test is over, the Officer will review the applicant's permanent resident status or green card and then go through the application question by question as well as review the supporting evidence submitted.  Again, applicants should be careful when responding to all the questions under Part 12 of the N-400 application asking for additional information; the questions at the very end are about applicants’ support for the Constitution of the U.S. and taking the oath of allegiance, so it is important to answer those questions affirmatively.  Citizenship interviews are less detailed and complicated than adjustment interviews overall so long as there are no unexpected issues.  Most applicants receive their decisions at the end of the interview and if approved, they are told to wait for information regarding their attendance at the oath ceremony which arrives in the mail within a few weeks.  The Officer may also issue a written decision by mail.  If additional documentation or evidence is requested by the Officer, then the applicant may receive an RFE to comply with by a specific deadline.  If, however, the applicant failed the tests, he or she is permitted to retake the tests at a future date to be scheduled by the Officer, usually about 3 months out.  There are only two (2) chances to take and pass the tests, so hopefully, applicants can pass the second time around.

Waivers

As stated above, there are various waivers for the interview, but the determination is made by USCIS and on a case-by-case basis after considering all the relevant evidence contained in the applicant’s record.  A non-exhaustive list of waiver categories and more detailed explanations can be found at https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-5.  We briefly share some waiver examples here.  USCIS may waive interviews if applicants are clearly ineligible for the application, if the applicants are parents of U.S. Citizens, or if the applicants are unmarried children under 21 years of age of U.S. citizens or unmarried children under 14 years of age of lawful permanent residents who have filed their own applications.  Interviews may also be waived for military personnel petitioners as well as incarcerated petitioners.  An Officer may also deem it necessary to waive the personal appearance of an applicant at the interview due to obvious illness or incapacitation.  Without a good cause such as the above, USCIS interviews cannot be waived and all applicants who file for certain immigration programs must attend their interviews and prepare accordingly.

Attorney Support Services

If the applicant's case is straightforward and he or she feels confident enough to prepare for the USCIS interview without professional support, then go for it.  It is not necessary to hire an attorney to prepare or to appear with an applicant.  However, oftentimes there are instances in which Attorney advice, guidance, and even appearance at the interview with the individual is strongly recommended.  If the case is complicated due to inconsistent or conflicting information, insufficient evidence submitted, concerns regarding eligibility for the program, and most importantly, criminal history considerations, then it is a good idea to hire an experienced Immigration Attorney.  Any number of unexpected issues can arise at these interviews, so the use of attorney services can provide the peace of mind required before facing the government.  An Immigration Attorney can flag potential problems that could arise at the interviews and also determine what kinds of questions will be asked to equip applicants with appropriate answers way in advance.  If an Attorney represents an applicant at the interview, then the attorney can respond to all the complex and difficult questions asked by the Officer as well.  Applicants who are unsure of their immigration situations are strongly encouraged to seek Attorney assistance before proceeding with their applications and interviews.

Posted by:  DreamVista Advocates, P.C.

NOTE: This blog is shared for informational purposes only and should not be considered as legal advice. For specific answers regarding your case, we recommend that you speak with an experienced Immigration Attorney.