I-485 Interviews More Common : Non-Current Priority Dates Included
Posted Oct 02, 2009
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The U.S. Citizenship and Immigration Services (USCIS) has been issuing many interview notices for I-485 adjustment of status (AOS) applicants. The AOS applicants must appear at their local USCIS offices for detailed questioning regarding their I-485 applications. Many of the important concerns raised by the prospect of an AOS interview are addressed here for the benefit of our MurthyDotCom and MurthyBulletin readers.
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Why is the USCIS Interviewing Me?

The USCIS is pre-adjudicating I-485 applications, reviewing the applications even if the priority date is not current. As part of this review, the USCIS may wish to ask questions and go over documents face to face. The purpose is to determine if a particular application is appropriate for approval, even if an approval has to wait because of the priority date.
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What Triggers an AOS/I-485 Interview?
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Only a small percentage of employment-based I-485 applications have personal interviews. There are many things that can lead the USCIS to require an interview. Some appear to be randomly selected. Certain types of applications always have interviews. These include cases with any criminal history, even if the matter does not prevent the approval of the I-485 AOS application. Cases with past immigration violations of a serious or extended nature are also often slated for interviews.
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Interviews can be the result of questions regarding the validity of the job offer that forms the basis of the case. This may occur in cases involving labor certification substitutions (due to concerns about fraud). Questions about the validity of the job offer may be prompted in "future employment" situations when the beneficiary has not worked for the employer sponsoring the permanent residence (or "green card"), as well as in cases involving a beneficiary's residence that is not within commuting distance of the stated job location. Interviews may also result from issues over a spousal relationship, particularly if the spouses do not live together.
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Are Interviews Always Bad?
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While the idea of an immigration interview creates anxiety for most people, it can be a positive experience, resulting in a case approval or recommendation for approval. The Murthy Law Firm has helped many clients through the interview process successfully. Of course, the interview is a time when the USCIS is eliciting information to decide on the validity of a case for approval. This should be taken seriously, and no one should assume a case will breeze through to approval. It is possible for things to go wrong due to flaws in filing the case, prior immigration violations, loss of the job, a criminal history, or other problems or complications. Denials may arise from training issues or other situations on the end of the specific USCIS examiner.
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What is it Like?
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Interviews at the local USCIS offices are conducted by adjudications officers. It is necessary to pass through a metal detector and screening process when entering the building. Use common sense with respect to the contents of bags and pockets. Recently, some USCIS offices have prohibited the carrying of camera phones.
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Usually, the interview notice is handed to a designated person or placed in some type of tray or bin upon arrival. Make sure to bring this notice. Applicants remain in a waiting area until the notice is retrieved and the case is called. Appointment interviews sometimes run on schedule, but applicants should be prepared for the possibility of an extended wait.
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An interview occurs in the adjudicator's personal office. The applicant's complete (hard copy) file should be with the adjudicator for the interview. The applicant may be accompanied and represented by an attorney. The applicant will be asked to swear to tell the truth at the outset of the interview. It is very important to remember that, although the setting may seem casual, all statements are made under oath.
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Be Prepared
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Bring all the documents that the adjudicator may need to review. While the adjudicator should have the file with any documents previously submitted, s/he may ask to see originals of documents submitted earlier as copies. The specific documents that are needed vary by case. These should be organized, so they can be easily handed to the officer upon request.
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The applicant should have a good understanding of her/his case, including any potential issues and problem areas. Given the length of time it takes most cases to reach the interview stage, problem areas should have been discussed with one's attorney during the course of the case. If this has not been done, or if new concerns have developed, it is important to sufficiently review the matter with an attorney in advance of the interview.
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General Process
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The general procedure for I-485 interviews is for the adjudicator to review the complete application and verify the information provided. The adjudicator will go through the questions and make certain red-pen indications that the information is correct or will make changes, as needed. S/he may have the applicant initial certain parts of the form. The applicant will be asked questions to determine her/his eligibility for adjustment of status. The exact questions depend upon case-specific details. Attorneys may assist their clients in preparing for the questions that should be expected in their particular cases.
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Will I get a Decision that Day?
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There are a number of possible outcomes following an interview. It is possible, if everything is in order and the priority date is current, for a case to be approved immediately. It is also possible that, even if everything is fine, the adjudicator will recommend approval, but the recommendation will need to be reviewed by a supervisor. This may happen if an adjudicator is new or is being reviewed, or when there is an overall office policy to double check cases.
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Of course, many I-485 applicants do not have current priority dates at the time of the interviews. Thus, even if everything goes perfectly at the interview, the case cannot be approved. The adjudicator may indicate a recommendation for approval. The case is then supposed to remain pending until a visa number is available. The adjudicator may be unwilling to reveal the recommendation.
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The adjudicator may request more documentation. S/he may print out a request for additional evidence to be submitted by a certain deadline. This will be handed to the applicant and/or accompanying attorney at the interview. These requests can range from matters that are fairly simple to the very complex and problematic. If the adjudicator identifies a serious problem, the USCIS may issue a Notice of Intent to Deny (NOID). This normally is transmitted by mail, and has a short deadline. If the applicant cannot overcome the problem, the case will be denied.
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If there is something wrong with the case that cannot be overcome by any evidence, then the adjudicator could issue a denial. The denial and NOID can be issued even if no visa number is available. Visa numbers are only needed for approvals. 
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Do I Need an Attorney?
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There are some complex cases for which an attorney is absolutely needed. In other cases, it is more a matter of personal choice. Some individuals fear that bringing a lawyer may look strange or make the USCIS think there is a problem. This is not the case. Attorneys routinely appear at interviews for even very clean and straightforward cases.
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A consultation with one's attorney should help in identifying concerns and making sure the right documents are at hand. There have been instances of adjudicators taking inappropriate actions. This creates problems in even the best cases. One such example was discussed in our March 6, 2009 NewsBrief, Improper Denials of I-485 on Priority Date Issue. It is impossible to anticipate every possible misunderstanding of law and procedure and it would be very difficult for an applicant to adequately address such a situation. After the fact, it may be possible to fix an inappropriate denial by filing a motion to reopen (MTR). This is not always fast and simple, however, and the long-term cost may exceed the initial savings of attending the interview without an attorney.
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Conclusion
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Preparation is the key to the interview process at the USCIS. Most cases have strengths and weaknesses. Given how long it has taken for many of these cases to reach the interview stage, there are often long histories and places where problems can arise. Applicants should be aware of possible problem areas in their cases in advance. If an issue is identified in advance through discussion with a knowledgeable, experienced immigration lawyer, the applicant sometimes may take steps to strengthen the case. It is advisable to seek proper legal guidance on each I-485 case. The Murthy Law Firm advises and represents individuals all across the United States on I-485 AOS interviews.