What is the procedure for determining whether to waive an adjustment interview where the family relationship is parent-child? Although some cases are forwarded to the CSC for processing without interview, other cases do undergo interview at the local office.
As of August 1, 2012, NBC stopped shipping I-485 cases that met the interview waiver criteria to the CSC for adjudication. We estimate that there will be approximately 30,000 interview waiver applications adjudicated annually at NBC.
The NBC’s decision to waive the interview for certain cases is based on standards set at the national level. The standards include adjustment categories in which there is normally enough evidence included with the case to make an adjudicative decision without an interview. NBC takes into account these standards, as well as the specific situation of each applicant, on a case by case basis, to determine whether the interview may be waived.
The following adjustment categories are considered possible interview waiver cases:
- Unmarried minor children and stepchildren of US Citizens (IR7 and CR7)
- Parent of US Citizen (IR0)
- K1/K2 entrant – Fiancé(e) of US Citizen and children of Fiancé(e) (CF1/CF2)
- Native/Citizen of Cuba filing under 11/2/66 ACT (also spouses/children) (CU6/CU7)
- Unmarried & Under 14 year old child of Lawful Permanent Resident (F27)
However, NBC does not waive the interview for applicants who file:
- With supplement A to Form I-485, Adjustment of Status Under Section 245(i)
- With an EWI class of admission
- As part of a family pack; unless every application in the family pack meets the interview waiver criteria
USCIS guidance regarding interview waiver cases may be found in the Adjudicator’s Field Manual (AFM), Chapter 23.2, General Adjustment of Status Issues, subsection (h) Interview Waivers.
The AFM may be found on the USCIS website under Laws, select Immigration Handbooks, Manuals and Policy Guidance, select Chapter 23.2 and scroll down to section (h).
This is a link to the AFM on the USCIS website.
Editor: Graham Post
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