USCIS Interviews
What is a USCIS interview?
If you filed an application for immigration benefits (e.g. I-130, I-485, N-400, I-589), then you might be required to appear for an in-person interview at the USCIS Field Office with jurisdiction over your case.
Why does USCIS require an interview in some situations?
By regulation and policy, some types of benefits must be interviewed. For example, if you apply for citizenship, then you must be interviewed by a USCIS officer. Likewise, many family-based immigration applications will require an interview. However, in some situations where a file-only review is appropriate, USCIS might waive the interview. This discretionary policy changes depending on who controls the White House, the Department of Homeland Security, and Citizenship and Immigration Services.
Where will I be interviewed by a USCIS officer?
You will be interviewed by a USCIS officer at the USCIS Field Office with jurisdiction over your legal residence. However, in some jurisdictions with heavy caseloads, you might be interviewed at a number of different offices depending on the caseload of the main office at that time. For example, residents of metro-Atlanta are usually interviewed at the USCIS Atlanta Field Office, but, in recent years, they have also been interviewed at the Montgomery and Greer Field Offices.
When will I be interviewed by a USCIS officer?
If USCIS does not, or cannot, waive the interview in your case, then you will be interviewed after the USCIS service center evaluates your case and your local biometrics office processes your background check. If the USCIS service center determines that you need to send additional evidence, you will receive a request for evidence (RFE) or notice of intent to deny (NOID) seeking that evidence, which should occur prior to any interview. If you previously filed for immigration benefits, USCIS might be able to reuse your old biometrics information and will notify you that you do not need to appear for a biometrics appointment prior to the interview. Once USCIS completes the initial case review, the service center will send the case to the field office with jurisdiction over your residence, and the field office will continue reviewing your application. You might receive an RFE or NOID from the field office, or you might simply receive a notice that you are scheduled to appear at an interview on a set date and time.
How much notice will I have before the interview?
USCIS attempts to provide at least two weeks of notice before an interview. We have seen interview notices sent more than a month in advance of the date, but we have also received less than two weeks notice. Creating a free USCIS online account can help ensure that you have the maximum notice possible in your case.
What if I need to reschedule my interview?
Except in rare circumstances, we strongly recommend that you appear at your interview and do not try to reschedule it. There is a procedure to try to reschedule an interview, but it is imperfect and is not guaranteed to protect your rights and application. You must notify USCIS by phone and in writing as far in advance as possible, with evidence supporting your reason for being unable to appear on the scheduled date. If you do not receive confirmation before the scheduled date, then we recommend that you appear at the appointment. If the interview is rescheduled, then there is no guarantee for how far into the future the new appointment will be. By requesting to reschedule, you could unintentionally delay your case by months or even years. We recommend talking with an attorney prior to making this decision.
What happens at a USCIS interview?
The USCIS adjudicator will review your application for any errors or inconsistencies and ask you questions about your life. You should be placed under oath, swearing that the testimony you give will be the entire truth. If you are filing a joint application (e.g. I-130 family petition), then both the petitioner and beneficiary will be required to appear, in most cases. In some situations, the adjudicating officer might separate the petitioner and beneficiary. This usually only occurs in marriage-based applications where the officer suspects fraud, but it can happen in other scenarios as well. The officer will discuss your life with you directly by asking lots of questions. These questions can probe into your personal life including marital history, immigration history, criminal history, and political beliefs, depending on the type of application that you filed. At the end of the interview, the officer will either request additional evidence from you, deny your case, approve your case, or the officer might simply say that USCIS needs more time to review the case and you should receive additional information in the future.
Should I bring an attorney to the interview?
You are not required to bring an attorney to a USCIS interview, but it is strongly advised. USCIS adjudicators have hard jobs. They work long hours with a heavy caseload for insufficient pay. It is unlikely that they will have enough time to give your case the attention it deserves. This means that mistakes get made. An attorney can help with this. When an attorney is present, the adjudicator can discuss the case with an experienced professional. If the adjudicator misunderstands the law or the facts, a lawyer can set the record straight, or prepare to appeal a bad decision.