Can You Get a Green Card Without an Interview?

Can You Get a Green Card Without an Interview?

In December, the U.S. Department of State (DOS) announced that in accordance with the Department of Homeland Security (DOH), the agency would be temporarily waiving in-person interview requirements for some non-immigrant visas through the end of 2022. This temporary rule has widened the eligibility criteria and made it possible for more individuals to receive a green card without an interview. Here’s a look at why this is significant and how you might qualify.

An Interview is Typically Required for Adjustment of Status

If you’re already residing in the U.S. legally and would like to get a green card, you would need to apply for an “Adjustment of Status.” This changes the status of your current visa to lawful permanent resident (green card) status. Usually, an adjustment of status for family-based and employment-based green cards requires you to interview with the USCIS. If the interview was successful, you would be issued a green card. With the new rule in place, there have been some cases of family-based and employment-based green cards being approved without the need for an interview. This is good news for applicants who qualify because there can sometimes be information that comes up during these interviews that can cause the USCIS to look at the application closer than they otherwise would have. Adjustment of status interviews can also be stressful for some applicants, so being able to adjust your status without an interview can make the whole process go smoother.

Employment-Based Green Cards Are More Likely to Be Approved Without an Interview

Even though some applicants have been able to adjust their status, it’s important to remember that this isn’t official USCIS policy. One of the main reasons they may have decided to introduce this temporary policy is that interviews haven’t always been a requirement for employment-based green cards—so the USCIS may find that it’s more efficient to approve a number of them without an interview. Family-based green card applications, such as ones based on marriage, are harder to determine whether the application is fraudulent without an in-person interview. Although some family-based green cards have been approved without an interview, it would be more difficult than with an employment-based green card.

Who Qualifies for Adjustment of Status Without an Interview?

This new rule applies to those who were previously issued an immigrant visa in the same classification and on the same basis on or after August 4, 2019, and will be in effect until the end of December 2022. Consular officers are now authorized to waive the in-person interview requirements for temporary workers applying for F, H-1, H-3, academic J, L, M, O, P, and Q visas who meet the following conditions:

First-time applicants of the following visas are also eligible, provided they are applying for a visa in the country of origin or residence:

In addition, first-time applicants for the above visas must:

Certain H-2 (Temporary Agricultural and Non-Agricultural Workers) applicants may qualify to have their interview waived. Applicants who renew any visa within 48 months of its expiration are also eligible. Keep in mind that this temporary policy is discretionary; consular offices may still require an in-person interview on a case-by-case basis. The DOS has also stated that the waiver of in-person interviews can vary widely among countries. Each consular section will conduct an ongoing review on its capacity to adjudicate visa applications during the pandemic.

Some Additional Good News

The Labor Certification Process is Quicker Than Before the Pandemic

If a U.S. employer would like to sponsor a foreign worker for a green card, they must go through the labor certification process. This requires them to show that they have tried to hire a U.S. worker for a particular job but were unable to find one that was qualified or willing to take the job. This process, which is done through the U.S. Department of Labor, usually takes a very long time to complete. However, during the pandemic, the processing times have been much faster.

The Entry Ban on South African Countries Has Been Revoked

The Biden administration has revoked Proclamation 10315, which banned travel to the United States from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe. The original proclamation, which was introduced in late November 2021, was intended as a response to curb the rising infection rates of the COVID-19 Omicron variant. This ban didn’t apply to U.S. citizens and lawful permanent residents.

CDC Guidelines for International Travel Have Been Loosened

CDC guidelines for international travel (regardless of vaccination status or citizenship) require a COVID-19 viral test no more than 1 day before traveling by air into the U.S. and negative results much be shown to the airline before boarding the plane. This is great news for visa applicants who may have had difficulty getting an appointment due to lengthy backlogs or have avoided trouble altogether.

Wondering if You Might Qualify for the In-Person Interview Waiver?

If you’re wondering if you might qualify for the in-person interview waiver, it’s recommended to consult with an immigration attorney. To discuss your case, please contact Ranchod Law Group at 916-613-3553 or email us at info@ranchodlaw.com.