When is the Interview Waived for Family-based I-485 Adjustment of Status Applications?

Many of our clients and readers (especially those who have family-based immigrant visa cases) are aware that a family-based Form I-485, Application to Adjust Status, required an interview to be conducted at a local (to the applicant) service center.   The requirement for these interviews is set under 8 CFR §245.6 which also indicates that interviews may be waived in certain cases.   We would like to provide description of the situations where an interview may be waived.

Instances Where Interview Can be Waived

It is important to note that USCIS has authority to waive an interview if the case falls within one of the situations where an interview waiver can be granted.   Just because a case falls under one of the situations below does not mean that an interview will be waived.      USCIS’s decision to waive the interview for certain cases is based on standards set at the national level, and include adjustment categories in which there is normally enough evidence to make a decision without an interview.

Specifically, interviews can be waived for I-485 applications for:

• Unmarried minor children and stepchildren of U.S. citizens (IR7 and CR7) that are accompanied by original or certified copies of supporting documents;
• Parents of U.S. citizens (IR0) that are accompanied by original or certified copies of supporting documents;
• K1/K2 entrants— Fiancé(e)s of U.S. citizens and children of Fiancé(e)s (CF1/CF2);
• Natives/Citizens of Cuba filing under 11/2/66 Act (also spouses/children of such individuals regardless of their citizenship and place of birth) (CU6/CU7);
• Unmarried & Under 14 year old children of lawful permanent residents (F27);
• Cases where the applicant has been interviewed in the course of an investigation or field examination, and the adjudicating examiner determines that further interview of the applicant is unnecessary;
• Cases in which there is sufficient evidence contained in the record to support a denial of the adjustment of status application.

Interview waiver will not be granted for I-485 cases:

• With Supplement A to Form I-485, Adjustment of Status Under Section 245(i);
• With an EWI class of admission; or
• As part of a family packet; unless every application in the family packet meets the interview waiver criteria.

Conclusion

We hope that this information would be helpful for family-based I-485 applicants who are preparing or are awaiting the outcome of their I-485 application.   The fact that an interview may be scheduled affects the processing time of a case, including possibly affecting the applicant’s plans for travel, employment, etc.    Please feel free to subscribe to our free weekly newsletter to obtain developments on this and related topics. If our office can be of any help, please feel free to contact us.