Q: Who should expect to receive interview notice?
A: All individuals who filed I-140-based AOS applications on or after March 6, 2017 will be interviewed. USCIS may waive the interview for children under the age of 14, but all family members will receive individualized interview notices regardless of age.
Q: What will be included in the interview notice?
A: The interview notice will specify the time and location of the interview, with a list of general document checklist to be used to prepare for the interview.
Q: Does the checklist cover all documents that may be required during the interview?
A: The provided checklist is a general list for all AOS applications and does not differentiate employment-based from other immigration categories. Among a numerical list of documents, USCIS advised applicant to bring “all documentation establishing your eligibility for Lawful Permanent Resident Status.” This instruction is very broad and vague.
Q: So, what should be prepared in addition to the checklist?
A: Although not clearly indicated in the checklist, applicants should be prepared to present documentation supporting their underlying I-140 petition. Although the Field Offices should not re-adjudicate the petition, they are responsible for assessing the validity of the supporting documents upon which the USCIS relied in approving the I-140 and evaluating whether the evidence submitted to support the petition was accurate, bona fide and credible.
Therefore, if a person is currently employed in the U.S., it will be helpful to bring recent paystubs and a letter from the employer confirming that the individual is still employed in the same or a similar occupational classification.
Q: What will be asked in the interview?
A: Applicants can expect to be asked any questions relating to the I-485 (AOS application form). USCIS wants to be sure that it has accurate answers to questions regarding admissibility and eligibility. In addition, the principal applicant should also be prepared to answer questions, such as the location of employment, future plan, his or her educational background and experience, as USCIS needs to confirm that the employer still intends to employ the applicant and that the applicant still intends to take employment opportunity (for employer-sponsored beneficiaries).
Q: Will dependents be interviewed together?
A: Generally, yes. USCIS generally interviews the entire family together, as long as they file their applications at the same time.
Q: What questions will be posed to dependents?
A: Dependents can expect to be asked any questions relating to the I-485 (AOS application form). In addition, family members of the principal applicant should expect questions regarding their relationship to the principal and be prepared to establish the bona fide nature of their relationship. For example, if spouses are not living together, be prepared to explain why and bring supporting documentation (e.g., proof that one spouse is finishing his or her education or has a job he or she cannot leave.)
Q: What’s if one or more of the applicants cannot speak English very well? Will it affect the result of my application?
A: If you do not speak English fluently, you should bring an interpreter to the interview. However, your attorney or authorized representative of records cannot serve as your interpreter, neither do your family members. Your English skills will not affect your AOS eligibility, but a professional and qualified interpreter can reduce the risk of miscommunication during your interview.