There has been a lot of waiver of Green Card interviews by USCIS in a bid to accelerate case processing times. The total processing time for those who get their interviews waived is shortened by months if not years. As a result of this policy, USCIS was able to process over ten million applications in 2023 and reduced case backlog for the first time in over a decade.

Our firm has competently assisted over fifty petitioners and applicants get interview waivers for their family-based petitions and green card applications in the last one year and these cases were successfully approved by USCIS.

The USCIS conducts immigration interviews because it gives them the liberty to interrogate and examine the Petitioner and/or Applicant with a view to arriving at a fair conclusion on the eligibility of the Applicant to get a Green Card. USCIS has the discretionary powers to waive certain types of interviews, such as family-based Green Card interviews and I-751 interviews.  They may decide to waive the interview when they believe they have enough evidence from you, the Applicant, to show that you are actually eligible for the benefit that you are seeking.

Some of the reasons that might trigger the possibility of USCIS scheduling a party for an interview are, if you and your spouse are filing for an I-130 and I-485 applications so that you can get your residency through the fact that you're married to a U.S. citizen or to a Green Card holder and both of you live in separate locations. Living in a separate location or having separate residence can draw attention to your case and cause USCIS to schedule you for an interview, because it is believed that couples are supposed to have a single residence. If you find yourself in this situation, the best option is to make sure you and your spouse start living together before you start your application.

Another reason why USCIS might schedule a party for an interview is if the Petitioner or Beneficiary has a criminal history. We strongly recommend that you do not conceal records pertaining to your criminal history. Proper disclosure of all information in your application is very vital in helping your case. This is where the services of an experienced immigration lawyer come in because a party who falls in this category might not have or know the proper documents required to help his or her case and will most likely be scheduled for an interview by USCIS.

Age disparity between the couple, their race and/or country, religion are another trigger for USCIS to schedule an interview. An immigration officer might become suspicious if the age gap between the couple is wide and if there is no racial, ethnic or religious connection between the couple. 

*****And lastly, if you had ever committed any sort of immigration fraud, it means that your case would require a waiver.

If you are applying for a marriage based Green Card or you have a qualifying U.S. relative, you may be eligible for a waiver depending on the circumstance of your case. Many marriage Green Cards are denied due to applicants providing false information during their visa application abroad. When this happens, such Applicant is deemed inadmissible for willful misrepresentation of material fact under Section 212(a)(6)(C)(i). If you find yourself in this situation, that is, if you have ever provided false information or documents to U.S. immigration at any point, it is strongly recommended that you contact our office before filing your application with USCIS. 

How Do I Know That USCIS has Waived my Green Card Interview?

A clear indication that USCIS is most likely not going to schedule you for an interview is if you are sent the request for evidence for a medical exam, otherwise known as the I-693 medical exam. This would only happen if you did not send your medical examination result at the time you filed your case. Although getting this request for evidence for a medical exam is not an assurance that your interview will be waived but it is a positive sign that you might likely not be scheduled for an interview. We have had numerous situations like this with some of our clients and their Green Cards were approved without an interview. It is advisable that you file your application with your medical examination as this may increase the possibility of your case getting processed faster.

If you have been scheduled for an interview, our experienced immigration attorney can prepare you and your petitioning spouse or parent for that interview. We have helped over 800 clients, and their families get their petitions and Green Cards approved.

If you have not yet submitted your Green Card application or you have a case pending with USCIS and are looking for legal assistance, give us a call at (936) 514-2000.