Immigration Law Is All About Family

Do you qualify for an immigration interview waiver?

On Behalf of | Nov 17, 2018 | Firm News

Preparing for an immigration interview in Colorado or elsewhere can be quite stressful, especially if you have extenuating circumstances that may negatively affect your interview results. Depending on exactly what your circumstances are, however, you may be able to avoid the interview process altogether. That’s because there are numerous reasons immigration officials may deem it unnecessary to interview you.

United States Citizenship and Immigration Services officials have the power to waive your requirement to appear at an immigration interview. Unless and until they claim you as exempt, however, you are legally obligated to appear when notified to do so and not showing up for a required interview puts you at risk for immediate deportation.

Do you fit into one of these categories?

USCIS officials decide whether or not to waive immigration interviews on a case-by-case basis. If your situation falls under one of the following categories, you may qualify for a waiver:

  • Are you the parent of a U.S. citizen? If so, your status may make you eligible to waive the interview process.
  • If officials determine that you are clearly ineligible for entrance to the United States, this may also get you a waiver because they may see no reason to interview you since they plan to deny your request to enter the U.S.
  • If you have already navigated the interview already, USCIS may waive your need to do so again.
  • If you are a military spouse petitioner, USCIS may decide that you do not have to appear at your spouse’s interview.
  • If you fall ill or are otherwise incapacitated, you may qualify for an interview waiver.
  • If your spouse is the one seeking adjustment of status and you are currently incarcerated and unable to appear at a meeting in person, the USCIS might waive your obligation to do so.

Unless you receive official word that you do not have to attend a status adjustment interview, you are not exempt. If you’re unsure whether or not you have to attend an interview, it is always best to ask someone who is well versed in U.S. immigration law rather than place yourself at risk for legal problems. Such problems, if you cannot successfully resolve them, can lead to your removal from the United States.

Why officials request interviews

Since so many immigrant statuses are at risk nowadays, it’s understandable that you might feel worried if you receive a notice to appear at an immigration interview. USCIS officials typically request such interviews if they wish to confirm your identity, if there are issues of concern regarding your manner of entry to the U.S. or if they suspect you of fraud. There are numerous other reasons officials may call you to an interview. You can reach out for support at any time if you are worried about your status.