Waiver of Adjustment Interviews

NBC Practice Pointer: Waiver of Adjustment Interviews for Certain Family-Based Petitions

Cite as "AILA InfoNet Doc. No. 13042251 (posted Apr. 22, 2013)" 

On October 2012, USCIS announced that it was transferring certain filings from the four USCIS service centers to either a field office or the National Benefits Center (NBC) in order to balance the workload and processing times. (AILA Doc. No. 12100148.) As part of this workload shift, USCIS transferred interview-waivable family-based Forms I-485 from the California Service Center (CSC) to the NBC.
Under 8 CFR §245.6, USCIS may waive the interview for an applicant for adjustment of status. The NBC’s decision to waive the interview for certain cases is based on standards set at the national level, and include adjustment categories in which there is normally enough evidence to make a decision without an interview. According to minutes from a November 2012 liaison meeting with the NBC and the Adjudicator’s Field Manual (AFM), the following adjustment applications will be considered on a case-by-case basis for a waiver of the interview (AILA Doc. No. 13011447, AFM Chapter 23.2(h).):

• Unmarried minor children and stepchildren of U.S. citizens (IR7 and CR7) that are accompanied by original or certified copies of supporting documents;
• Parents of U.S. citizens (IR0) that are accompanied by original or certified copies of supporting documents;
• K1/K2 entrants— Fiancé(e)s of U.S. citizens and children of Fiancé(e)s (CF1/CF2);
• Natives/Citizens of Cuba filing under 11/2/66 Act (also spouses/children of such individuals regardless of their citizenship and place of birth) (CU6/CU7);
• Unmarried & Under 14 year old children of lawful permanent residents (F27);
• Cases where the applicant has been interviewed in the course of an investigation or field examination, and the adjudicating examiner determines that further interview of the applicant is unnecessary;
• Cases in which there is sufficient evidence contained in the record to support a denial of the adjustment of status application.

Please note that the NBC will 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 packet; unless every application in the family packet meets the interview waiver criteria.