Hello everyone! In this week's article, I will be sharing an interesting experience that some of you will find encouraging. I recently posted this on my Facebook so if you haven't already, make sure to visit and read about it. Anyhow, I recently had a client who was approved for her lawful permanent residency via marriage without having to attend an interview! Yes! You read that right: she was not interviewed by USCIS and they approved her green card! Are you surprised? Read on.
The Normal ProcedureUsually, when you get married and apply for a green card, USCIS will schedule you and your spouse for an interview. This requirement is for both family-based and employment-based green cards. In marriage-based applications, the interviewing USCIS officer will ask you and your spouse various questions so they can decide your case. What Immigration officers are looking for are details of a real marriage (or what is often referred to as a "Bona Fide Marriage"). If you establish that your marriage is a legit and bona fide marriage, then the Immigration officer will approve your application and you will receive your green card in the mail. However, on the hand, should you fail to convince the Immigration officer that your marriage is bona fide, then he will notify you of his/her reasons in a separate letter called a "Notice of Intent to Deny" or NOID. (Note: I've written about the NOID in past articles, so if you want to know more, you can easily search for my past articles - or contact me for a consultation). The interview has been the normal procedure since I can remember.
Recent Developments / Not Normal ProcedureRecently in both family-based and employment-based applications – there have been some cases where applications were approved and the beneficiaries received their green cards in the mail without having to attend a USCIS interview.
Since the start of the COVID-19 pandemic, attorneys like myself have seen an increased number of interviews waived. Although it appears that USCIS is approving more green card applications without an interview, I want to stress that this is not standard practice and I would still advise you to prepare for it. In a future article, I will discuss different things you can do to increase your chances of being approved without an interview, so keep following "Law Corner with JC". Also, if you have an attorney, they will prepare you for the interview. If you do not have an attorney and you would like an attorney to prepare you for this important interview with USCIS officer, you can always contact me and schedule an consultation. Good luck to everyone in this position!
Contact InformationAs always, I am here for you. If you have questions or comments related to this article, or if you have some other legal issue, you would like me to assist you with, please contact me (Text/Call): (818) 505-4921. And for those of you reading this article while in Thailand or you are outside of the United States, I am reachable using the LINE app. My LINE ID is: JC_Esq
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Disclaimer: The information contained herein have been prepared for informational purposes only and are not to be considered legal advice unless otherwise specified. If you have a specific question regarding your personal case, please contact the Law Offices of Joseph Chitmongran for a full consultation.