USCIS Provides Clarification on In-Person Interview Requirement in EB I-485 Cases

In August 2017, the U.S. Citizenship and Immigration Services (USCIS) announced it would expand the use of in-person interviews for adjustment-of-status (form I-485) applicants in employment-based cases. Following the announcement, however, there remained a few lingering questions as to precisely whom this rule change would apply. The USCIS has now provided clarification on this matter.

Rule Applies to I-485s Filed On or After March 6, 2017

Per the USCIS, the in-person interview requirement applies to any foreign national who filed an I-485 application on or after March 6, 2017, if the I-485 is based on an I-140 (employment-based) petition, I-730 (asylee/refugee) petition, or I-129F (fiancé/e) petition. This interview requirement also applies to all dependent family members, although there is some indication that the interview requirement may be waived for dependent children under the age of 14.

Conclusion

It is still unclear how this expansion may affect wait times for I-485 applications. The Murthy Law Firm is tracking this story, to provide updates as they become available.

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