If you’ve submitted your application for a marriage-based green card inside the United States and you’re wondering whether you’ll need to attend an interview, this article will help you understand what to expect and how to prepare.
Are Green Cards Still Being Approved Without Interviews?
Many people remember or have heard that marriage-based green cards used to be approved without an interview. You’d mail in your forms and get your approval in the mail.
Spoiler alert: those days are gone.
Today, most couples who apply for adjustment of status (the process from within the U.S.) are scheduled for a mandatory in-person interview.
Most Common Questions We Get
If you’re currently in this process, you probably have the following three questions:
- What’s the current outlook for marriage-based green cards?
- Is it still possible to be exempted from the interview?
- How can we prepare for the interview?
Let’s walk through each one.
1. The Current State of the Process: Interviews Are the Norm
For most marriage-based adjustment of status cases (green card processes inside the U.S.), both the U.S. citizen or permanent resident petitioner and the immigrant spouse are required to attend an in-person interview with USCIS.
This is different from consular processing (outside the U.S.), where the petitioner is not allowed to attend the interview. In many embassies, they won’t even let the petitioner through the door. The interview is only for the immigrant spouse.
2. Are There Any Waivers or Exemptions From the Interview?
Yes, but they’re rare.
According to the USCIS Policy Manual, officers have discretion to waive the interview on a case-by-case basis. Here are some scenarios where waivers may apply:
- When the applicant is clearly ineligible (e.g., a denial is certain).
- When the applicant is an unmarried child under 21 of a U.S. citizen.
- When the applicant is a parent of a U.S. citizen.
- When the applicant is an unmarried child under 14 of a permanent resident.
Important: The decision to waive the interview is entirely up to USCIS. You cannot request or suggest a waiver. Doing so may raise red flags and hurt your case.
During the COVID-19 pandemic, USCIS canceled many interviews, but that practice has stopped. In the last few years, every marriage-based adjustment case in our office has received an interview notice.
In short: expect an interview and prepare for it.
3. How Should You Prepare for the Interview?
Every couple’s case is different, so the details of preparation vary. But here are some key areas that typically come up in marriage-based interviews:
a) Your Relationship and Married Life
You should be ready to talk about how you met, how your daily life is together, and other details that show your marriage is genuine.
b) Medical Exam Results
USCIS will review your immigration medical exam to ensure there are no conditions that affect your eligibility.
c) Criminal History
If the immigrant spouse has a criminal record, expect that to be discussed. Be prepared to answer questions and provide documentation.
d) Immigration History
They may ask about your time in the U.S., any prior entries or exits, past visas, and any previous immigration filings.
In today’s immigration landscape, interviews for marriage-based green cards inside the U.S. are the norm. While interview waivers technically exist, they are rare and completely discretionary. The best way to succeed is to be prepared, be honest, and get the legal guidance you need.