On August 28, 2017, USCIS made an announcement stating that they will begin to “phase-in” interviews for employment-based cases effective on October 1, 2017. The announcement stated that “adjustment of status applications based on employment”—i.e., categories EB-1 through EB-5—will be affected. At this time, USCIS has not provided direction on how the “phase-in” process will proceed. Thus, it is unclear whether or not applicants who have already filed adjustment of status will be included in the “phase-in” process.
With regard to timing of adjudication, it is possible that the addition of the interview for such a wide range of categories will delay the adjudication of adjustment of status applications, as District Offices are likely not staffed properly for the sudden increase in interviews. We will provide updates when available.
Please see USCIS’s announcement here for more information: https://www.uscis.gov/news/news-releases/uscis-to-expand-in-person-interview-requirements-for-certain-permanent-residency-applicants. Information on the adjustment of status interview process is below.
AOS Interview Process
The timing of an interview depends on the district office that is conducting it. Initial interviews are typically scheduled between three and ten months after receipt of the application. The interview notices are usually sent at least three to four weeks before the interview. Applicants must bring the original Interview Notice, along with originals of any documents submitted in the application, to the interview. The notice will list the appropriate documents to bring.
If scheduled, the applicant must appear for this interview. In the event that the appointment cannot be kept, he/she should reschedule the interview. If a last-minute emergency precludes the applicant from attending the interview, he/she should call the National Customer Service Center at 1-800-375-5283. It is important to read the entire notice and follow all instructions to avoid the denial of the application.
Additional security checks and clearances may be done post-interview. These generally do not delay the approval more than a few days, but could delay approval for a longer period of time if there are significant security clearance issues.
If you have any questions, contact your Miller Mayer attorney.