In 2021, it is still highly unusual for USCIS or the US State Department to grant lawful permanent residency (a green card) without conducting a personal interview of the applicant. However, it is possible for an applicant’s Form I-485 to be approved without an interview.
The decision to waive the interview sould be made on a case-by-case basis. USCIS will consider factors such as the applicant’s age, the nature and complexity of the case, and the evidence submitted with the application. If USCIS determines that an interview is not necessary to make a decision on the case, they may waive the interview.
It is important to note that even if an interview is waived, USCIS may still request additional evidence or documentation to support the application. Therefore, it is crucial for applicants to ensure that all necessary documentation is submitted with their application and that it is complete and accurate.
If all of the requirements are met and an immigrant visa is allocated by the Department of State (DOS), the Form I-485 is approved. Upon approval, the applicant is mailed a Form I-551, Permanent Resident Card. The green card is produced and mailed shortly after the I-485 application is approved.
It is important to keep in mind that the decision to waive the interview is at the discretion of USCIS and not guaranteed. Therefore, applicants should still prepare for the possibility of an interview and be ready to provide additional evidence or documentation if requested.
While it is possible for an applicant’s Form I-485 to be approved without an interview in 2021, it is still highly unusual. Applicants should ensure that all necessary documentation is submitted with their application and be prepared for the possibility of an interview.
Can an I-485 Application Be Approved Without an Interview?
Adjustment of Status is the process by which a foreign national who is already in the United States applies for permanent residency. The Form I-485, Application to Register Permanent Residence or Adjust Status, is the application used to apply for adjustment of status.
All applicants for adjustment of status are generally required to appear for an in-person interview with a USCIS officer. However, in certain circumstances, the interview may be waived.
USCIS has the discretion to waive the interview requirement for certain applicants, such as children under the age of 14, applicants over the age of 79, and applicants who are filing based on their marriage to a U.S. citizen and have been living with their spouse in the U.S. for at least two years.
Additionally, USCIS may waive the interview requirement if the applicant’s adjustment of status application is considered to be a “straightforward” case, meaning that the applicant has provided sufficient evidence of their eligibility for adjustment of status and thre are no issues or concerns that would require an interview.
It is important to note that the decision to waive the interview is made on a case-by-case basis and USCIS may still require an interview even if the applicant meets the criteria for a waiver.
While it is possible for an adjustment of status application to be approved without an interview, it is not guaranteed and the decision to waive the interview is made at the discretion of USCIS.
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Can Green Cards Be Issued Without an Interview by USCIS?
While it is rare, there are cases where USCIS (US Citizenship and Immigration Services) may grant a green card without conducting a personal interview of the applicant. The agency typically requires an interview to ensure that the applicant meets all the eligibility requirements and to verify the information provided in the application.
However, USCIS may waive the interview requirement in certain situations, such as:
1. Employment-based green card cases: USCIS may waive the interview requirement if the applicant is adjusting status based on an employment-based petition, and the agency is satisfied that the applicant’s eligibility has been sufficiently established through the petition.
2. Family-based green card cases: In some cases, USCIS may waive the interview requirement for immeiate relatives of US citizens, such as spouses, parents, or children under 21 years old, if the agency is satisfied that the relationship is bona fide and the applicant’s eligibility has been sufficiently established.
3. Refugee/asylee cases: USCIS may waive the interview requirement for refugees or asylees who have already been interviewed by a USCIS officer during the refugee/asylee process.
It’s important to note that even if USCIS waives the interview requirement, the agency may still request an interview if it deems it necessary during the processing of the application. Additionally, the US State Department, which handles green card cases for applicants who are outside the US, typically requires an interview as part of the application process.
What Does it Mean When an I-485 Case is Approved?
When an I-485 case is approved, it means that the applicant has been granted permanent residency in the United States. To obtain permanent residency, an individual must have an immigrant visa allocated to them by the Department of State and meet all the requirements set forth by the United States Citizenship and Immigration Services (USCIS).
The I-485 form is used to apply for adjustment of status, which allows an individual to change their immigration status from a non-immigrant visa holder to a permanent resident. The USCIS will review the application and determine if the applicant meets all the eligibility requirements.
If the USCIS approves the I-485 application, the applicant will be issued a Form I-551, also known as a Permanent Resident Card or Green Card. This card serves as evidence of the individual’s permanent resident status and allows them to live and work in the United States permanently.
It is important to note that the approval of an I-485 application does not grant citizenship. However, after bing a permanent resident for a certain amount of time, an individual may be eligible to apply for naturalization and become a United States citizen.
An approved I-485 case means that an individual has successfully obtained permanent residency in the United States, allowing them to live and work in the country without the need for a non-immigrant visa.
What Happens After Form I-485 Is Approved?
After the I-485 application is approved, the next step is for the green card to be produced and mailed. This process typically takes a few days, but it may take up to several weeks for the green card to arrive in the mail.
Once the green card is received, the individual can legally live and work in the United States permanently. They will need to keep the green card up to date by renewing it eery 10 years, and they may also be required to file taxes and follow other legal obligations.
In addition to receiving the green card, the individual may also be required to attend an interview or biometrics appointment. This is to ensure that their identity and background are verified, and that they are eligible for permanent residency in the United States.
It is important to note that even after the green card is received, there may be restrictions or conditions placed on the individual’s residency status. For example, if the green card was obtained through marriage to a U.S. citizen, there may be a two-year conditional residency period before the individual can apply for permanent residency without their spouse’s sponsorship.
Receiving approval for Form I-485 is a significant milestone in the process of obtaining permanent residency in the United States, and it marks the beginning of a new chapter in the individual’s life.
Conclusion
While it is highly unusual for USCIS or the US State Department to grant lawful permanent residency wthout conducting a personal interview of the applicant, it is not impossible. In some cases, USCIS may waive the interview requirement on a case-by-case basis. If all of the requirements are met and an immigrant visa is allocated by the Department of State, the Form I-485 will be approved, and the applicant will receive a Form I-551, Permanent Resident Card. The green card will be produced and mailed shortly after the I-485 application is approved. It is important to note that the processing time for the green card may vary, and it may take a few days to several weeks. if an applicant’s I-485 is approved without an interview, it is a positive sign that they have met all of the eligibility requirements for lawful permanent residency in the United States.
