After you file your I-485, Application for Adjustment of Status, application package you will receive an appointment for an interview at a USCIS office. Where you live will dictate where your interview will take place.
Who May Attend the Adjustment of Status Interview?
Both the Petitioner and the Beneficiary must attend the interview. If the Beneficiary is uncomfortable answering questions in English, you can bring a translator. An attorney may also attend the interview.
What is the Purpose of the Adjustment of Status Interview?
The primary purpose of the interview is to review the I-485 and verify the information contained therein. If the I-485 application is based on marriage to a spouse, then the officer may also evaluate whether your marriage is bona fide.
The officer will want to review the Petitioner and Beneficiary’s biographical documents. So, although you may have submitted copies with your application package, you should bring the originals to the interview. The officer will also review some of the I-485 questions with you. Before attending the interview, you should review your application and re-familiarize yourself with the answers.
Verify Bona Fide Marriage
If your I-485 application is based on marriage to your spouse, the officer may also review the I-130 information (if it is still pending) and decide whether your marriage is bona fide. You and your spouse should review your marital history, important dates, address, etc. before the interview.
How long Will the Adjustment of Status Interview Last?
Typically, the interview lasts from 30 minutes to an hour. The duration will depend on your officer and the complexity of your case.
What Should I Bring to the Adjustment of Status Interview?
You should bring a complete copy of your I-130 and I-485 application packages. Additionally, you should bring the originals of any copies that were submitted with either application. Also, be sure to bring certified originals of all biographical documents. Biographical documents include birth certificates, marriage certificates, divorce decrees, children’s birth certificates, passports (current and expired), and driver’s licenses for both the Petitioner and Beneficiary.
If your I-130 is still pending and your I-485 is based on marriage to your spouse, you can bring supplemental bona fide marriage evidence.
Will My Green Card Be Approved the Same Day? Possible Outcomes:
One of four outcomes is possible.
Green Card is Approved
Typically, the officer won’t tell you that your green card will be approved; however, you’ll have a pretty good idea about whether the officer is going to approve the case or not. If the officer does approve your green card, then you’ll receive the card in the mail in a few weeks, along with your approval notice.
Officer Issues a ‘Request for Evidence’ (RFE) During the Interview
If a document is missing, or if the officer would like supplemental evidence s/he can request more evidence. If the officer issues an RFE, you’ll have a fixed number of days to send in the additional evidence. After that, you’ll receive a decision in the mail.
Officer Escalates Case to Supervisor
Sometimes, in complex cases, an officer is unable to make a decision and must send the case to their supervisor for evaluation. In these cases, the officer will typically tell you that it’s being escalated.
Green Card is Denied
If your case is denied, sometimes the officer will tell you at the interview, and sometimes you’ll receive a notice in the mail. In either case, you should speak with an experienced immigration attorney to evaluate your options.
If you would like information about adjusting your status in the United States, please contact an immigration attorney who is trustworthy and knowledgeable! Our attorneys at Landerholm Immigration, APC, are experienced in family-based immigration cases. Please feel free to call us at 510-488-1020 to see how we can help!