In-Person Interviews to be conducted for Employment-Based Adjustment of Status Applicants

September 2017

On August 28, 2017, the USCIS announced that beginning October 1st, the USCIS will begin to phase-in “in-person” interviews for Employment-Based, Adjustment of Status applicants (Form I-485, Application to Register Permanent Residence or Adjust Status).

Many years ago, the USCIS dropped the in-person interview requirement for most Employment-Based, Adjustment of Status applicants as a means to address backlogs in processing times and because Employment-Based Immigrant Visa applicants presented few security concerns. The USCIS has indicated that the change complies with the March 6, 2017 Executive Order 13780, “Protecting the Nation from Foreign Terrorist Entry in the U.S.,” and is part of the USCIS’s comprehensive strategy to further improve the detection and prevention of fraud and to further enhance the integrity of the immigration system. The USCIS has also stated that it is working collaboratively with other federal partners to develop more robust screening and vetting procedures for foreign nationals seeking immigration benefits to reside in the U.S.

Along with Employment-Based Immigration applications, all applicants for refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the U.S. and are petitioning to join a principal asylee/refugee applicant will now also be interviewed. Beyond these categories, the USCIS is planning an incremental expansion of interviews for other benefit types.

It remains to be seen how many applicants will be required to have an interview, and if implemented en masse, how the USCIS plans to utilize its resources to handle the large new influx of expected cases as well as to train its Examiners on how to make determinations. If implemented en mass, it is certain to create long additional delays in the completion of immigrant visa applications. It is also likely to increase the overall cost of an Adjustment of Status application as applicants will need to continue to file extensions of Advance Parole and Employment Authorization Documents along with additional government filing fees while Adjustment of Status application are pending, perhaps for a much longer period of time.

This client alert is published by Dickinson Wright PLLC to inform our clients and friends of important developments in the field of immigration. The content is informational only and does not constitute legal or professional advice. We encourage you to consult a Dickinson Wright attorney if you have specific questions or concerns relating to any of the topics covered here.

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FOR MORE INFORMATION CONTACT:

Elise S. Levasseur
is a Member in Dickinson Wright’s Troy office. She can be reached at 248.433.7520 or elevasseur@dickinsonwright.com.

Lisa D. Duran is a Member in Dickinson Wright’s Phoenix office. She can be reached at 602.285.5032 or lduran@dickinsonwright.com.

Kathleen Campbell Walker
is a Member in Dickinson Wright’s El Paso office. She can be reached at 915.541.9360 or kwalker@dickinsonwright.com.

Kevin J. Weber is a Partner
in Dickinson Wright’s Toronto office. He can be reached at 416.367.0899 or kweber@dickinsonwright.com.

Christian S. Allen is Of Counsel in Dickinson Wright’s Troy office. He can be reached at 248.433.7299 or callen@dickinsonwright.com.

Heather L. Frayre
is Of Counsel in Dickinson Wright’s El Paso office. She can be reached at 915.541.9370 or hfrayre@dickinsonwright.com.

Suzanne K. Sukkar
is Of Counsel in Dickinson Wright’s Ann Arbor office. She can be reached at 734.623.1694 or ssukkar@dickinsonwright.com.

If you would like a printable version of this Immigration client alert, click here.