What Applications are Eligible For an Interview Waiver?

Recently, the USCIS has begun waiving some interviews for family-based immigration petitions. This led to a lot of confusion about what types of petitions are eligible for an interview waiver. Ultimately, it depends on the unique factors present in each family-based immigration application.

Family-Based Immigration Petitions Eligible For an Interview Waiver

A family-based immigration case can end up in two different places — either in the USCIS in the United States or in a U.S. embassy abroad under the State Department. In the case of the former where the case is handled by the USCIS, no consular processing is required and the interview may be waived.

Interview waivers can also happen in case the USCIS decides that the case is straightforward and they have no negative facts about the application. For example, in a marriage-based green card, USCIS may be able to waive the interview if they feel that the marriage is real and genuine, warranting approval without the interview process.

Family-Based Immigration Petitions That Require Interviews

More often than not, cases that end up under the State Department in a U.S. embassy abroad will require an interview. An interview waiver is also not possible in case of a complicated application, such as those with issues in the forms, a pending I-601A waiver, or applicants with previous unlawful entry records.

In these cases, the embassy will have to be involved. The USCIS will have no power to waive the interview at the embassy because they are two different departments.

Always Expect an Interview

In general, straightforward and clean I-130 or I-485 cases are eligible for an interview waiver. However, immigration may still decide to ask the applicants to come in for an interview at the local office.

The interview requirement functions on a case-to-case basis, so it’s important that applicants always expect an interview. If immigration later says it’s not required, then it should be treated as a nice surprise. But generally, it’s best to always be prepared for an immigration interview.