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Employment based ADJUSTMENT - interviews will be mandatory

Employment based ADJUSTMENT - interviews will be mandatory

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Old Aug 26th 2017, 3:18 pm
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Default Employment based ADJUSTMENT - interviews will be mandatory

Over the past decade, interviews were generally not done in employment based adjustment cases. Starting October 1st, they will be mandatory.
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Old Aug 26th 2017, 4:01 pm
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Default Re: Employment based ADJUSTMENT - interviews will be mandatory

I wonder if USCIS will respond by waiving more family based adjustments.
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Old Aug 26th 2017, 5:24 pm
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Default Re: Employment based ADJUSTMENT - interviews will be mandatory

Originally Posted by tom169
I wonder if USCIS will respond by waiving more family based adjustments.
I think not. That said, I have long felt that certain FB adjustments were more suitable for interview waivers.

I think the idea is "extreme vetting."
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Old Aug 28th 2017, 11:48 am
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Default Re: Employment based ADJUSTMENT - interviews will be mandatory

Will this change have an impact on those, like me, who are undergoing the EB green card process from abroad, thus going through Consular Processing (if I manage to ever get to that stage...) rather than Adjustment of Status in the USA?
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Old Aug 28th 2017, 12:35 pm
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Default Re: Employment based ADJUSTMENT - interviews will be mandatory

Originally Posted by adamas
Will this change have an impact on those, like me, who are undergoing the EB green card process from abroad, thus going through Consular Processing (if I manage to ever get to that stage...) rather than Adjustment of Status in the USA?
No, since its for those who are adjusting status, and you won't be doing that.

Rene
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Old Aug 28th 2017, 1:45 pm
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Default Re: Employment based ADJUSTMENT - interviews will be mandatory

Originally Posted by Noorah101
No, since its for those who are adjusting status, and you won't be doing that.

Rene
My main concern is that it will affect CP indirectly, since USCIS workload will increase.

It looks like the administration is putting hurdles in the way of getting a GC and discouraging foreigners by making the wait unbearable...First, the PERM processing has slow down drastically in the last couple of months, now this new requirement...Who knows what will come next.
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Old Aug 28th 2017, 1:55 pm
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Default Re: Employment based ADJUSTMENT - interviews will be mandatory

Originally Posted by adamas
My main concern is that it will affect CP indirectly, since USCIS workload will increase.
It'll likely make no difference. Why? Specifically because it's CP: Consular processing... not processing in the US - which is where the slowdown will occur.

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Old Aug 28th 2017, 2:24 pm
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Default Re: Employment based ADJUSTMENT - interviews will be mandatory

Originally Posted by ian-mstm
It'll likely make no difference. Why? Specifically because it's CP: Consular processing... not processing in the US - which is where the slowdown will occur.

Ian
I thought that the petition is first examined, and must be approved, by the NVC and only after that the documents are sent to the consulate or embassy for the interview. Am I wrong about this?
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Old Aug 28th 2017, 3:21 pm
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Default Re: Employment based ADJUSTMENT - interviews will be mandatory

Originally Posted by adamas
I thought that the petition is first examined, and must be approved, by the NVC and only after that the documents are sent to the consulate or embassy for the interview. Am I wrong about this?
Yes, but yours is not a petition for adjustment of status.

Whether the change in AOS cases will affect your non -AOS case, no one here can really predict. My layman's guess is that it won't.

Rene
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Old Aug 28th 2017, 3:43 pm
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Default Re: Employment based ADJUSTMENT - interviews will be mandatory

Originally Posted by adamas
I thought that the petition is first examined, and must be approved, by the NVC and only after that the documents are sent to the consulate or embassy for the interview.
To my knowledge, consular processing means exactly that - processing is done at the Consulate. The NVC isn't involved at all in the process.

Besides, Rene is correct - this isn't an adjustment of status from inside the US. It shouldn't affect you at all.

Ian
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Old Aug 28th 2017, 4:36 pm
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Default Re: Employment based ADJUSTMENT - interviews will be mandatory

Originally Posted by S Folinsky
Over the past decade, interviews were generally not done in employment based adjustment cases. Starting October 1st, they will be mandatory.
Do you know if this relates to pending applications or only those filed after Oct 1st?
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Old Aug 28th 2017, 4:58 pm
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Default Re: Employment based ADJUSTMENT - interviews will be mandatory

Originally Posted by Phyzz
Do you know if this relates to pending applications or only those filed after Oct 1st?
My guess - it'll apply to all interviews that happen on and after October 1... so that'll include those already in process.

Ian
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Old Aug 28th 2017, 5:28 pm
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Default Re: Employment based ADJUSTMENT - interviews will be mandatory

Will this be before or after the EAD card is issued? You used to get the EAD card quite a bit before the Greencard.
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Old Aug 28th 2017, 5:30 pm
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Default Re: Employment based ADJUSTMENT - interviews will be mandatory

Thanks for the replies.

On a side note, about consular processing, is the consulate responsible for that the one in the country of current residence or can it either be chosen between the country of residence or the country of birth?

I am asking because I live in the UK, but I am Italian (and born in Italy) and, as far as I am aware, the London embassy is very busy and it may be quicker having my case sent to the consulate in Italy.
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Old Aug 28th 2017, 6:05 pm
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Default Re: Employment based ADJUSTMENT - interviews will be mandatory

Originally Posted by ian-mstm
My guess - it'll apply to all interviews that happen on and after October 1... so that'll include those already in process.

Ian
I had the same thought. So I'm crossing fingers, toes, legs, and anything else that will cross, that mine gets approved before then.

If it's anything like the L visa process though, it'll be something of nothing anyway.
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