If you are not comfortable speaking about important matters in English, you will need to bring a friend or hire an interpreter to attend your adjustment of status interview. Even if your U.S. petitioner—that is, the spouse, parent, or other party who is sponsoring you for U.S. lawful permanent residence—is capable of interpreting for you, the USCIS interviewing officer might not allow it. That's particularly true in a marriage-based case, because it reduces the officer's ability to compare both spouse's answers and detect marriage frauds.
The interpreter you bring to your USCIS interview does not have to be a trained or licensed professional. The only eligibility requirements are that they be over the age of 18 and fluent in both your language and in English.
Some USCIS officers also require that the interpreter be a legal resident or citizen of the United States. Of course, if they are here unlawfully, they would be foolish to walk into a USCIS office.
If you're using a non-professional, you should also advise them that they'll be entering a federal building and should be prepared to go through a metal detector and present a valid identity document. They should both dress and behave in a way that demonstrates respect for the process.
You and the interpreter will have to jointly submit a form called Form G-1256, Declaration for Interpreted USCIS Interview. This form advises you about the importance of using a competent interpreter. It also requires the interpreter to adhere to the principle that they must accurately, literally, and fully interpret what’s being said, and keep the information confidential.
Both you and the interpreter will be asked to sign this form at the start of your adjustment of status interview.
Interpreting is no easy task, even for someone fluent in two or more languages. Whoever you bring should practice with you beforehand, going over your application and getting familiar with the vocabulary used there.
You should also remember, during the interview, not to give any overly long answers. If you don't give the interpreter a chance to step in regularly, the interpreter is likely to forget your full answer, and some of it could get lost—leading to confusion or misunderstandings with the USCIS officer.
To make sure your immigration case goes smoothly, it is best to contact an experienced immigration attorney for help. The attorney can analyze your case, spot any trouble areas, recommend qualified interpreters, and appear with you at your adjustment of status interview.
Although receiving the USCIS interview notice is exciting, attending the interview itself can be stressful. Because so much is at stake, it is easy to make simple mistakes, in particular:
Fortunately, most mistakes can be remedied; but not all. This article will discuss how to avoid common mistakes and successfully take this final step toward approval for U.S. lawful permanent or conditional residence.
If you do not bring all the documents or other items necessary (as detailed below), the USCIS officer who interviews you might not be able to make a decision on your case that day. This can cause a delay of weeks or even months, as you will probably be asked to submit follow-up materials by mail. After that, the USCIS officer must take the time to reopen and get reacquainted with your file, decide whether to ask for even more materials, and so on.
When you filed your application for adjustment, you should have submitted lots of documentation to USCIS—in the form of copies. Applicants often forget that copies are not solid proof of anything. They can be forged or tampered with, so as to show a birth, marriage, or clean criminal record that perhaps doesn't reflect the truth.
USCIS wants the chance to inspect your original documents, at your interview. Unless you remember to bring your original passport, birth certificate, marriage and divorce certificates (as applicable), and any criminal records, the USCIS officer will probably not be able to approve your case that day.
If anything in your life has changed in recent months and is relevant to your adjustment of status application—whether it helps it or hurts it—you will need to bring documents showing that fact (both originals and copies for the USCIS file).
Of course, if the change is something that hurts your application, such as a recent arrest, you will also want to consult a lawyer and bring additional documents overcoming the damage, if possible. Some applicants conveniently “forget” to bring such items, hoping that USCIS won’t ask about them—but you could risk your green card being later revoked if you hide a material fact. Or, you might never be able to safely apply for U.S. citizenship, knowing that the review of your file conducted at that time could lead to discovery of the lie, and your deportation.
If you have recently started a new job or changed your job, you will definitely want to bring pay stubs or W-2 forms to prove that you are employed. You can also obtain a letter from your employer describing your position and stating that the employer does not plan on firing you in the near future. If you have recently filed a new U.S. tax return, bring a copy of that as well. These are all relevant to showing your current financial situation and that you are unlikely to become a public charge (receive government assistance) in the United States.
If a child was born to you after you submitted your adjustment application, bring the child’s birth certificate. If your immigration application is based on marriage, this will be a highly convincing form of proof that you are not committing marriage fraud.
In addition, if any of the information you filled in on your application has recently changed, for instance, your home address, bring a copy of the form with the new information already filled in. While you can make corrections to your application at the time of the interview, the USCIS officer will probably appreciate your making things go smoothly.
Many people decide not to bring an interpreter with them to the interview, perhaps out of fear of how much it will cost, or a hope that speaking English will impress the officer with their efforts to fit into American society. Unfortunately, if you do not speak English reasonably well, there is a chance that you will misunderstand some questions the USCIS officer asks, or that the officer will misunderstand your answers. These types of misunderstandings can cause the officer to think you are being dishonest or trying to hide something, which might ultimately lead the office to deny your case.
If you cannot speak English reasonably well, you'd be wise to bring an interpreter. USCIS does not expect all green card applicants to be able to speak English. In fact, the officer will probably appreciate the fact that you brought an interpreter in order to make things run more smoothly. Make sure that your interpreter is competent and comfortable translating between both English and your native language.
Any foreign language documents that you provide to USCIS, such as birth certificates from other countries, must not only be fully translated into English, but be accompanied by a statement from the interpreter that says something like:
I swear under penalty of perjury that I am competent to translate from ___[your language]___ to English, and that this translation is a true and complete translation of the attached document.
The name of the translator and the date and place of translation should also be written into the statement.
Failing to submit this can result in the USCIS officer asking you to submit it at a later date and will cause a delay in your case. If you did not already submit such a certificate of translation with the document, bring it with you to the interview.
Failing to listen carefully to the questions asked by the USCIS officer, volunteering information that harms your case, and lying outright are all common ways that applicants create problems for themselves during adjustment of status interviews, as further described below.
Getting chatty and offering up information that wasn’t asked for is not only unnecessary, but risky. It could lead to a misunderstanding or cause the USCIS officer to open a line of questions that gets you into trouble. Fully answer the questions asked, but no more.
You might be asked about the type of temporary visa you applied for earlier and why you wanted to come to the United States. While it could appear that the USCIS officer is just making polite conversation, the officer might be trying to judge whether or not you had “immigrant intent” at the time you got your nonimmigrant visa—that is, whether you actually intended to come to the U.S. permanently at the time you got your temporary visa (such as a student or tourist visa), despite having claimed at the time that your intention was to return home at the end of your stay.
Obtaining a visa on false pretenses can be a form of fraud. You’ll need to be clear about the fact that your decision to stay in the U.S. came later, after obtaining the nonimmigrant visa.
The USCIS officer may also ask you about the information you provided in the application for whatever visa you used to enter the United States. Be careful with what you say. In all likelihood, the USCIS officer already has a copy of your application and knows exactly what is on it. If you tell the officer that you provided only truthful information at the time you applied for a visa, but you actually lied on some parts, the officer might figure it out.
For instance, when applying for a visitor visa, some people falsely state that they are married to someone who will be staying behind in their home country, or that they have a better job or more money than they actually do, thinking that it will increase their chances of getting the visa. If you do not tell the officer that you lied in the past and the officer discovers it during the interview, then the officer will likely be upset and wonder whether the other information you have provided is truthful.
Now is not the time to stubbornly stick to a mistake and dig yourself into a deeper hole. Be truthful at the interview—you might be able to convince the officer that there was a good reason for mistakes entered on your application forms.
If you have previously had any arrests, convictions, or similar criminal problems, you will need to be honest about them in your adjustment of status interview. If you neglected to disclose them on the I-485 application, you will likely need to explain this lie, as well. By the time of your interview, USCIS will have already run a criminal background check on you and knows whether you have been arrested.
Talk to a lawyer if you are worried that a criminal record, or your previous attempts to hide that record, will be a topic of discussion during your USCIS interview.
Finally, never get into an argument with a USCIS officer. If you think you are being treated unfairly, ask to speak with a supervisor. Remember to stay calm and not yell at the officer.
More information about the adjustment of status process can be found at www.uscis.gov. For detailed information to help you understand all the requirements for getting a green card, see How to Get a Green Card, by Ilona Bray (Nolo). And you might also be interested in How to Find a Good Immigration Lawyer For Your Case.
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In the best of times, the USCIS adjustment interview can take many months to schedule. And delays of well over a year are not uncommon (as of early 2024).
To get an idea of the wait times in your area, go to the USCIS Check Processing Times page and, from the drop-down menus, choose "I-485" then "family-based adjustment applications" and then the city in which your local USCIS office is (the one that will likely hold your interview).
After you click "Get processing time," you'll be told the average number of months that applicants are currently waiting for their interviews. Of course, the length of the wait could change by the time your application is in line.
The USCIS appointment notice will tell you what you must bring, so read it carefully for details. For example, you will be asked to bring a photo identity card, such as a driver's license, and all travel documents (such as advance parole).
You'll want to bring your own copies of documents you've sent to USCIS as well, for reference. And bring any originals that you sent copies of earlier, so that the USCIC examiner can verify their authenticity. For further detail (especially if yours is a marriage-based case) read Documents to Bring to Your Marriage-Based Adjustment of Status Interview.
Also take not of WHO the USCIS appointment notice says to bring to the interview—your U.S. petitioner might or might not be required to attend (but definitely will if it's a marriage-based case). You can bring an attorney to represent you, if you wish. You, not your attorney, will have to answer the questions, however. Your attorney's role will simply be to discuss any legal issues, provide moral support, and perhaps clear up procedural misunderstandings.
USCIS does not provide interpreters at adjustment of status interviews in the United States. A few of its officers speak Spanish or some other language, but you cannot count on getting a bilingual officer, nor can you request one.
If you're unsure of your ability to understand questions and express yourself in English, by all means bring a friend or hire a professional interpreter to help. Even if your petitioning U.S. family member is capable of interpreting for you, the USCIS officer might not allow this, particularly in a marriage-based case. Having all questions go through the same person reduces the USCIS officer's ability to compare both members of the couple's answers and to detect marriage frauds.
The interpreter must be over the age of 18 and fluent in both your language and in English. Some USCIS officers also require that the interpreter be a legal resident or citizen of the United States. (Of course, a person in the U.S. illegally would be taking a huge risk by walking into a USCIS office.) Also see Rules for Bringing Interpreters to Immigration (USCIS) Interviews.
Thousands of different immigrating family members are normally interviewed each day across the United States. Regardless, these interviews tend to follow a pattern. Here’s what will probably happen at yours.
If the adjustment interview goes well—your family relationship is obviously the real deal, you don’t fall into any of the grounds for inadmissibility, and your documents are in order—the interview can take as little as 20 minutes.
At the end of the interview, if you are approved for U.S. residence, you will be given a letter stating this. The letter is just for your records. It cannot, for example, be used like a green card in order to travel in and out of the United States. The USCIS officer might also ask you to turn in your work permit (EAD), on the basis of the fact that you are no longer an applicant for adjustment of status, but a permanent or conditional U.S. resident, such that your existing EAD is no longer valid. This should not interfere with your life much, however, because several weeks later, your actual green card will arrive by mail.
If you receive conditional residence (rather than "permanent," because your marriage was still less than two years old on the day USCIS approved you for residence), you will have to file an I-751 petition about 21 months from your approval date in order to progress to permanent residency.
You could make your life easier by hiring an experienced immigration attorney to handle your family visa case from the beginning, or at least to attend the interview with you.
]]>Even people who already have a green card, but are applying for a renewal after the card itself expires, must get biometrics done.
In most cases, USCIS requires that people attend their biometrics appointment at a USCIS-authorized ACS or Application Support Center. This is different than the main USCIS office where you will go for your interview for naturalization, adjustment of status, or whatever it is you're applying for.
By the way, this means that if you have questions about your actual immigration case—such as when you are likely to be called in for an interview—this is not the place to ask them. The people who collect biometrics do not have access to your case file and cannot give you personalized advice or information.
For a list of ASCs, see the USCIS Service and Office Locator. In some nonurban areas of the United States, USCIS also offers mobile biometrics vans.
The notice USCIS sends you about your biometrics appointment will tell you what to bring: typically, a copy of the appointment notice and some kind of photo identification, such as a drivers' license or your passport. If you have only an expired passport, do your best to get a new one as soon as possible. If you are still waiting for a new passport when your appointment is scheduled, bring a letter or receipt notice from your home country’s embassy stating that your passport renewal is in progress.
In many cases, the notice will also tell you what you can’t bring into the building. Don’t expect to bring in a phone, camera, or food or drink. It’s also not necessary for your attorney to attend your biometrics appointment with you.
You should also receive the latest health-screening instructions, if any.
Depending on the office, you might be able to attend a biometrics appointment at a slightly different time than originally scheduled. For example, if your family members were all sent appointment notices for different days, you could all show up together at the first scheduled appointment and ask if you can be seen at the same time. (USCIS can say no, but there's no harm in trying.) Similarly, if a mid-day appointment is sent for a school-age child, you could arrive early in the morning and explain, and they might take you then.
Unfortunately, you cannot count on such exceptions. And if you know you'll have to miss the originally scheduled appointment time (as opposed to showing up early) your only choice is to reschedule.
If you cannot make your biometrics appointment at the scheduled time or on the scheduled day, you must ask to be rescheduled. Failure to do so can result in USCIS deciding your entire application has been abandoned and canceling or denying it.
Although such requests formerly had to be done in writing, USCIS now accepts reschedule requests either by phone, at its Contact Center line, or using its online scheduling tool at MyUSCIS.gov. The online tool cannot, however, be used if your appointment has already been rescheduled two or more times, if it is coming up within the next 12 hours, or if you missed it entirely.
You will also be expected to establish good cause for rescheduling. "Good cause," according to USCIS, includes:
If you are sick, USCIS definitely wants you to reschedule your biometrics appointment.
It’s never good to show up later than your scheduled time, but if an emergency causes you to be an hour late, try showing up and explaining, and ask to be processed that day. If that doesn't work, immediately contact USCIS by phone and explain, then ask for a reschedule.
In scientific terms, "biometrics" means anatomical or physiological data by which a person can be uniquely identified. At your biometrics appointment, USCIS will most likely collect your fingerprints, take your photo, and have you sign your name for electronic capture.
The actual process takes about 20 minutes, though you might have to wait a while after you arrive. A number of people might have received the exact same appointment time as you did. As a general rule, everyone who was given the same appointment time will probably be called in on a first-come, first-served basis.
Once you arrive at the ASC, you might be given a number showing your place in line, or you might be asked to fill out and hand in a short form letting the ASC employees know you’re there. They will call your wait-list number or your name when it’s your turn.
At the end of the biometrics appointment, you will be given a stamp on your appointment notice confirming that you attended. Keep this document safe, in case you are later asked for it or USCIS cannot find its record stating that you indeed came to the appointment. It is always a good idea to store all documentation received from USCIS in a safe place.
Your fingerprints will be sent on for review by the U.S. Federal Bureau of Investigation (FBI), which will check them against records held by the police as well as by USCIS (which often takes the fingerprints of people caught crossing the border illegally).
The FBI will send a report to USCIS to confirm your identity and to show whether you have committed any crimes or immigration violations that might make you inadmissible, deportable, or otherwise ineligible for the benefit that you seek.
If you think you might have a criminal record but are not sure, consult an immigration lawyer. The lawyer can help you get fingerprints done and analyze the results. Some but not all crimes make the person who committed them ineligible for immigration benefits. If you don't take care of this ahead of time, you won’t discover until you get to your main USCIS interview what the FBI report says about you; and your application could be seriously sidetracked or delayed as a result.
]]>At that ASC appointment, you will provide U.S. Citizenship and Immigration Services (USCIS) with your fingerprints, photograph, and/or signature. Without this information, your application can't move forward; USCIS will need it to run security checks, produce an identity document for you, and more. But what happens if you never hear about the biometrics appointment, or you miss it for some other reason? This article will address that concern.
With careful monitoring of the progress of your immigration application and your appointment dates, you can take steps to get a new biometrics appointment and quickly get your application back on track.
If you fail to attend your scheduled biometrics appointment, it could result in significant delays in your immigration application. USCIS could even take the view that your application was abandoned, and reject it accordingly. This is true even if you never received the biometrics letter from USCIS.
Your only option after an abandoned or rejected immigration application would be to refile it (assuming you are still eligible), including paying new filing fees.
USCIS normally sends out biometrics notices within three to eight weeks of receiving an application. However, USCIS processing hasn't been "normal" in a long time, particularly owing to COVID-19 safety measures. Between office closures and restrictions on access, longer wait times to receive biometrics letters (not to mention eventual interviews or decisions from USCIS) are common.
The length of the wait also depends in part on what type of application you filed and where you filed it, since some USCIS offices are more backed up than others (particularly in highly populated areas of the United States).
The bottom line is that you should expect to wait several weeks, if not months to be called in to the ASC for biometrics. Local attorneys or immigration-service-providing nonprofits in your area should be able to give you a more precise estimate for your type of case.
Some applicants never receive a biometrics notice from USCIS at all.
If you have received neither a receipt notice for your application nor a biometrics notice in over three months, USCIS might have the wrong address on file. Contact USCIS at 800-375-5283 to see whether it can send the receipt notice and biometrics to the correct address. Using USCIS's telephone contact system is a challenge, unfortunately; expect to spend a lot of time interacting with an electronic voice before you can request a call-back from a live person.
What if you received your USCIS application receipt notice but never received a biometrics notice? In that case, it seems clear USCIS has the correct address for you; but perhaps the biometrics notice got lost in the mail. Again, you can contact USCIS by phone to request a new appointment date. Or, you can submit an e-request using the case number on your receipt with an online case inquiry.
It’s also possible that you did not receive a biometrics notice because USCIS already has your biometric data on file. This could occur, for example, if you already went to a biometrics appointment within the last year, for example for renewing a green card, and then later filed for citizenship. If you are not sure whether USCIS already has your biometrics on file, contact the agency at 800-375-5283 for clarification.
Now let's look at a situation where you received a biometrics appointment notice from USCIS but missed your appointment at the ASC, perhaps because you were ill, forgot, or had transportation issues. In such a case, you will need to contact USCIS by phone (800-375-5283) or online case inquiry to request a new biometrics appointment letter. Be prepared to give a good reason for missing the ASC appointment, however. USCIS does not look kindly on people who simply fail to show up and then expect to be granted a reschedule.
In the past, a quicker option was to visit the ASC as a walk-in. The idea was to go to the office where the applicant had been scheduled, bring a copy of the biometrics notice as well as the documents listed on the notice, and explain to the officer why you missed the initial appointment. However, this was never guaranteed to work; USCIS is not required to take biometrics outside of the scheduled appointment time. And not surprisingly, it has been refusing to do so since the pandemic began.
Because of the pandemic, USCIS occasionally must close offices to the public. (Always check its information page on closures before setting out for an appointment.) If you can't attend your biometrics appointment because the ASC was closed that day, you don't need to do anything to follow up. USCIS will automatically send you a letter rescheduling. (Of course, if months go by with no new appointment letter, you will want to follow up as described elsewhere in this article.)
Do not ignore a second biometrics appointment notice from USCIS! It probably wasn't a mistake (though even if it was, skipping the appointment won't help matters). Most likely, USCIS is so backed up with applications that your fingerprints expired and you'll need new ones taken. According to USCIS policy, fingerprints are normally considered valid for 15 months after processing by the FBI.
If you live outside the United States and need to have your biometrics taken, the process is different. If you are applying for naturalization, you do not attend a biometrics appointment. Instead, you submit two passport-style photos of yourself and, in some cases, the Form FD-258 fingerprints card with your application. Contact your local U.S. consulate or embassy and go to the Ink Fingerprinting Overseas page of the State Department website for more information.
For applications besides naturalization, USCIS overseas field offices will only take biometrics in rare and exceptional circumstances. Plan any international travel accordingly.
]]>Applicants can (and ideally should) request Advance Parole at the same time they submit an adjustment of status application to U.S. Citizenship and Immigration Services (USCIS). It isn’t hard to do—simply include Form I-131 with the rest of your adjustment packet of forms and documents (and beginning April 1, 2024, pay a separate fee for it). Or if you don't apply at the time, you can do so later, by sending proof that USCIS received your adjustment application and it's in processing.
USCIS usually approves Advance Parole that's requested as part of an adjustment application, almost automatically. You don't need to prove any urgent need or hardship.
Don’t leave the United States until your Advance Parole document arrives, however—it will be crucial to keeping your adjustment application alive and in processing while you’re gone. (In other words, leaving the U.S. without Advance Parole would cause USCIS to cancel your adjustment application.)
Now, as to the matter of how long you can stay away. Advance Parole is normally granted for multiple entries into the U.S. and for the time period required to complete the adjustment of status application, not to exceed one year. This isn’t set out in the law anywhere; it’s a matter of USCIS policy.
So theoretically, you could stay out of the U.S. for up to a year, making sure to return before the expiration date on your document.
But you'll need to be careful about what you might miss while you’re away. USCIS will call you in for biometrics (fingerprint and photo) within a few months after you submit the adjustment application (normally), and for an interview at a local office several weeks or months after that (the exact timing depends on how backed up with other applications your local USCIS office is).
If you miss one of these appointments without asking for a postponement, you could put your entire green card application at risk. And even postponing such appointments can delay the process by a long time. You’d be wise to check into the processing times at your local USCIS office before you make travel plans.
Given the complexities of immigration law and the possibility that the timing of your travel could impact your application, consider consulting with an immigration attorney to get personalized advice and information on local USCIS practices.
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