Introduction
An employment-based adjustment of status interview with the United States Citizenship and Immigration Services (USCIS) can a crucial step for foreign nationals seeking to obtain permanent residency (a green card). This interview is typically the final stage in the lengthy and complex process of becoming a lawful permanent resident. In employment-based cases interviews are generally waived, they will be scheduled If there are additional questions that USCIS would like to ask the foreign national. This often occurs if there are certain red flags that can trigger an interview, such as arrests, prior green card, or layoffs at the foreign national’s employer.
Understanding the Employment-Based Adjustment of Status Interview
The primary purpose of the interview is to verify the authenticity of the applicant’s employment-based petition and to ensure that all eligibility requirements are met. The USCIS officer conducting the interview will have reviewed the applicant’s file, including the Form I-485 (Application to Register Permanent Residence or Adjust Status), employment offer, and any supporting documents submitted.
Preparing for the Interview
If scheduled for an employment-based adjustment of status interview, we recommend foreign nationals speak with an attorney to review their case and discuss any potential red flags. The attorney can help prepare the applicant for the types of questions that might be asked, assist in gathering and organizing necessary documentation, and provide legal representation during the interview itself. Having an attorney present can also help ensure that the foreign national’s rights are protected and that the interview is conducted fairly and in accordance with the law. Additionally, attorneys can clarify legal points or issues that may arise during the interview, helping to address any concerns the USCIS officer might have immediately. While not mandatory, the presence of an attorney can ease the applicant’s stress and contribute to a more favorable outcome by ensuring that the process runs smoothly and efficiently.
What Happens in the Interview
During the interview, the officer will ask questions to confirm the applicant’s qualifications for the offered position, work experience, educational background, and the legitimacy of the job offer from the sponsoring employer. An adjustment of status applicant is not expected to know the ins and outs of the immigrant petition as it was filed but should be able to speak comfortably about their job in a way that is consistent with the immigrant petition filing. This is to ensure that the job offer is bona fide and not fabricated for immigration purposes. The officer may also inquire about the applicant’s previous employment, job duties, and the nature of the business of the sponsoring employer.
In addition to employment-related questions, the officer will assess the applicant’s admissibility to the United States. This includes questions about the applicant’s immigration history, criminal record, if any, and any previous U.S. visa or immigration violations. The officer will also verify that the applicant is not inadmissible on public health, criminal, security, or other grounds as outlined in U.S. immigration law.
Applicants should be prepared to provide proof of their ongoing employment with the sponsoring employer, or new employer if the foreign national has ported to a new employer. This may include recent pay stubs, a letter from the employer confirming current employment, and other relevant documents. The USCIS officer may also ask for additional evidence or clarification on certain aspects of the applicant’s application.
The interview is also an opportunity for the applicant to address any discrepancies or issues that may have arisen during the application process. It is important for applicants to answer all questions truthfully and to provide accurate and complete information, as any misrepresentation can lead to a denial of the application or future immigration benefits.
Finally, if the USCIS officer is satisfied with the information and documents provided, the application may be approved shortly after the interview. However, in some cases, the officer may require additional time to review the case or request additional documentation, delaying the decision.
Final Thoughts
Overall, the employment-based adjustment of status interview is a critical step in the path to obtaining a green card in the U.S. and being well-prepared is key to a successful outcome. If you need help preparing for your adjustment of status interview, call our office at McEntee Law Group at 773-828=9544 or email info@mcenteelaw.com.
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