Employment-Based Green Card Applicants to be Interviewed

Starting October 1, the U.S. Citizen and Immigration Service (USCIS) will require in-person interviews for adjustment of status (AOS) applications (I-485) based on employment (e.g., Form I-140) and refugee/asylee relative petitions. Under the direction of the January executive order “Protecting the Nation From Foreign Terrorist Entry Into the United States”, USCIS director James W. McCament hopes the interviews will preserve the “integrity” of the nation’s immigration system.

A History of Inefficiency

The required interview is not an altogether new procedure for immigration benefit applications. The USCIS has the power to mandate or waive an in-person interview for AOS applications. Overtime, USCIS officers found that the protocol slowed application turnaround without significantly aiding in fraud investigation. Therefore, AOS applications based on employment and refugee/asylee relative petitions generally received an interview waiver from USCIS officers. However, the current administration’s focus on “extreme vetting” led the USCIS to impose stricter guidelines for even the most transparent applications.

Longer Wait Times

Applicants with an employment based visas, among others, will now have to wait longer to obtain their green cards. In 2015, nearly 122,000 people transitioned from an employment based visa to a green card. For many of these cases, applicants received approval for lawful permanent residency within a period of six months. Soon, the new interview requirement will create backlogs within USCIS that will slow the application review process. USCIS’s increased workload following new “vetting” standards will decrease efficiency, and prevent many from obtaining approval for AOS applications in a timely manner.

Ineffective

Expanding interview requirements will not “improve the detection and prevention of fraud”. Instead, the new guidelines will make it difficult for legitimate applicants to receive green cards. The October implementation of the EO will create gridlock within the USCIS.

If you have questions regarding adjustment of status issues, please contact our office to schedule a consultation.