USCIS Updates Guidance on Asylee Adjustment of Status Interview Criteria

खसोखास अमेरिका ब्यूरो

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प्रकाशित मिति : मंसिर ३०, २०७७ मंगलबार

U.S. Citizenship and Immigration Services today announced updated guidance expanding the discretionary criteria USCIS officers use to determine whether to interview applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, based on refugee or asylee status.

The updated criteria are well within the parameters of USCIS’ regulatory authority to determine, on a case-by-case basis, whether an interview is necessary to determine the admissibility of an alien applying for lawful permanent resident status under INA § 209. The updates do not change the eligibility requirements to adjust status.

The list of interview criteria can be found in the Policy Manual. The updated list provides greater parity with the criteria USCIS applies in determining whether to interview other adjustment of status applicants.

Each determination by USCIS to waive or require an interview will continue to be made at the discretion of the USCIS officer on a case-by-case basis. While the updated criteria may result in more applicants requested to appear for an interview, the changes are necessary to help ensure program integrity and support USCIS’ efforts to detect and prevent fraud and risks of harm to the United States.

Interview Criteria

Officers make the decision to interview an asylee applicant for adjustment of status on a case-by-case basis. Interviews are generally required when an officer is unable to verify identity or eligibility or determine admissibility based solely on the available immigration records. Although the decision to conduct an interview is made on a case-by-case basis, an officer should generally refer a case for interview if it meets one or more of the following criteria:

• The officer cannot verify the identity of the applicant through the information in the A-File.
• The officer can verify the identity of the applicant through the information in the A-File, but the applicant is claiming a new identity.
• Immigration records are insufficient for the officer to determine whether or not the applicant has asylum status.
• The applicant has an approved Form I-730 but, if granted overseas, was not interviewed as part of the overseas process or, if in the United States, was not interviewed prior to the approval.
• The applicant’s Federal Bureau of Investigation (FBI) fingerprint results indicate a record that may cause the applicant to be inadmissible, or the applicant has had two unclassifiable fingerprints and the applicant must provide a sworn statement at an interview.
• The officer cannot determine the applicant’s admissibility without an interview.
• The officer determines that the applicant is inadmissible but that an interview is necessary to determine if a waiver is appropriate.
• There is evidence that suggests that the original grant of asylum may have been obtained through fraud or misrepresentation.
• There is evidence that suggests that the principal asylum applicant no longer meets the definition of a refugee.
• There is evidence that suggests that the asylee derivative beneficiary no longer has the requisite relationship to adjust status as a derivate spouse or child.
• The applicant has an articulable national security or terrorism-related ground of inadmissibility concern.
• Other eligibility fraud, identified on a case-by case basis, where Fraud Detection and National Security (FDNS), Center Fraud Detection Operations (CFDO), or Background Check Units (BCU) recommends interview.
• Immigration records are insufficient for the officer to determine whether or not the applicant is inadmissible based on past or current placement in removal proceedings at any time.
• The applicant has conflicting or multiple identities, other than properly documented by legal name changes.
• A sworn statement is required to address the applicant’s admissibility.
• An interview would yield clarifying information, such as with an unclear response to a request for evidence concerning the applicant’s admissibility.
• The applicant is a citizen of, or last habitually resided in, a country that is now or was at the time of last residence a State Sponsor of Terrorism.
• The officer has any other articulable concern regarding identity, inadmissibility, national security, public safety, or fraud, and recommends an interview to help resolve that concern.

These interview criteria may be modified in response to developing circumstances and concerns. These criteria are similar to those used by USCIS generally when determining if an interview is required for a particular adjustment of status application and promote greater consistency in the agency’s adjudication of adjustment of status applications. The additional criteria specific to adjustment of status applications filed by asylees and their derivative family members help ensure program integrity and improve the detection of fraud, misrepresentation, national security threats, and public safety risks.