Adjustment of Status

We applaud the USCIS San Francisco office for their extra effort to make Adjustment of Status Interviews more culturally and socially sensitive. We have noticed that the USCIS San Francisco office makes effort to employ immigration officers from various backgrounds, who have international travel experience and who speak various languages.

Several of our past interviews were with officers who know applicants’ native language, lived in their native country, had knowledge about local LGBT, and/or cultural communities.

Adjustment of Status and other interviews can be a sensitive and somewhat intimidating experience for the applicant. Conversing with a culturally and socially sensitive immigration officer makes the experience much more comfortable for the applicant and his or her spouse.

We recommend having an attorney prepare or review the petition for Adjustment of Status to make sure that you properly understand all requirements for Adjustment of Status and correctly answer all questions in immigration forms. Legal language can be confusing and is easy to misunderstand if you do not deal with immigration forms on daily basis.

Generally, the forms you will be filling out are:

I-485

I-765

I-130

G-325A (2 forms)

I-131

I-864

G-1145

Medical report from your doctor in a sealed envelope

You will certainly want to talk to an immigration lawyer if you fall into one of the following categories:

–        You or your spouse had criminal records

–        You and your spouse have a significant age difference

–        You and your spouse do not speak the same language

–        You and your spouse live separately

–        You or your spouse plan to travel abroad

–        Immigrant applicant overstayed his or her visa

–        You and your spouse have several prior marriages and perhaps sponsored several immigrants for Adjustment of Status

–        You or your spouse have issues with domestic abuse

–        You and your spouse have been married for a long time but filed taxes separately

–        You or your spouse failed to file taxes

–        You and your spouse have been married for several years but just recently decided to file the paperwork

–        You are on a nonimmigrant visa which may be jeopardized if your Adjustment of Status is not granted

–        You are on a nonimmigrant visa and need to travel abroad while your Adjustment of Status is pending

–        You are adjusting status based on WAVA or other nonimmigrant visa which gives you a right to apply for a green card

–        Other issues that you think may be a concern

Hiring an immigration lawyer helps avoid delays and unnecessary headache due to misunderstood immigration questions or failure to submit adequate evidence of valid marriage.

Hiring an immigration lawyer does not indicate that you are concerned about the case.

General tips for an Adjustment of Status interview:

–        Tell the truth to the immigration officer

–        If you do not remember a fact from your life, do not try to guess it. It is best to say that you do not remember than guessing wrong

–        If you are too nervous to answer questions, it is best to explain that you are too nervous than saying things that you do not remember or giving wrong answers

–        Bring evidence of valid marriage to the interview, even though you have submitted it earlier

–        Consult with your lawyer prior to the interview to discuss if there have to be any updates to your petition during the interview

–        If you do not speak English language, it is best to bring an interpreter

More information about the Adjustment of Status interview:

All adjustment of status applicants should be interviewed unless USCIS waives the interview. (with exceptions). The interview enables USCIS to obtain important information about the applicant and determine if the applicant has met the eligibility requirements.? ?In family-based cases, USCIS generally require?s? the petitioner to also appear for the interview with the adjustment of status applicant and any derivatives, except in Violence Against Women Act (VAWA)? ?based cases.?

?The interview provides the officer an opportunity to verify that the applicant understood the questions and provides the applicant an opportunity to revise any answers completed incorrectly or that have changed since filing the application, such as an applicant’s arrest record. Any unanswered questions must be resolved at the interview. If information is added or revised, then the applicant should re-sign and date the application at the conclusion of the interview.?

For LGBT Adjustment of Status click here.

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