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.
DW Immigration: Global Mobility with a Personal Touch!
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 firstname.lastname@example.org.
Lisa D. Duran is a Member in Dickinson Wright’s Phoenix office. She can be reached at 602.285.5032 or email@example.com.
Kathleen Campbell Walker is a Member in Dickinson Wright’s El Paso office. She can be reached at 915.541.9360 or firstname.lastname@example.org.
Kevin J. Weber is a Partner in Dickinson Wright’s Toronto office. He can be reached at 416.367.0899 or email@example.com.
Christian S. Allen is Of Counsel in Dickinson Wright’s Troy office. He can be reached at 248.433.7299 or firstname.lastname@example.org.
Heather L. Frayre is Of Counsel in Dickinson Wright’s El Paso office. She can be reached at 915.541.9370 or email@example.com.
Suzanne K. Sukkar is Of Counsel in Dickinson Wright’s Ann Arbor office. She can be reached at 734.623.1694 or firstname.lastname@example.org.
If you would like a printable version of this Immigration client alert, click here.
- November 29, 2018 In the News Attorney Kathleen Campbell Walker Leads AILA Discussion on "The Ins and Outs of Lawful Admission"
- November 27, 2018 In the News Attorney Elissa Pinto to Speak about Immigration Topics at the University of Michigan Ross School of Business
- October 12, 2018 Media Mentions Lawyer Kathleen Campbell Walker Quoted in Law 360 Article “TN Visas Survive Trade Deal, But Challenges May Remain”
- October 12, 2018 Industry Alerts UPDATE: US Issues New Guidance for Canadian Travelers Involved in Legal Cannabis Industry
- October 2018 Industry Alerts USMCA –All Quiet on the Immigration Front
- September 26 & 28, 2018 Seminars Attorney Elissa Pinto to Speak at EB-5 Investment Program Seminars in Brazil
- September 20, 2018 In the News Business Immigration Attorney Elissa Noujaim Pinto Joins Dickinson Wright's Troy Office
- July 26, 2018 Media Mentions Lawyer Kathleen Campbell Walker Quoted in the Society for Human Resource Management Article “How Can HR Handle Intentional I-9 Immigration Violations?”
- July 20, 2018 In the News Lisa D. Duran Named a 2018 Most Influential Woman in Arizona Business