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Immigration
Adjustment of Status - I-485
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EB2 NIW filer in NYC
I filed my I-485 concurrently in October 2017. After waiting in agony for a year, my I-140 NIW was approved in October 2018. Everything seemed to be moving at a good speed after that. Transfer to NBC in November 2018, "ready to schedule" then "interview scheduled" in January 2019.
I went for my interview in early March 2019. The interview went generally fine. The IO was very friendly, perhaps just a little newer to the process, because he looked young and didn't seem to be able to final decisions yet without his supervisor. He said everything looked good and his supervisor would just need to review it before approving it. He said in theory they have 120 days to respond, but that I should receive a decision in a week or two. I have now been waiting for 3 weeks and my status still says "Interview has been scheduled".
The only "issue" with my application was answering "Yes" on question 25. I explained that I answered "yes" only because I had a couple of speeding tickets in the past, nothing else. He asked if I had any documentation about those traffic violations, which I did, and I gave the copies of the tickets to him (even though the I-485 instructions say we don't need additional evidence if the violations only resulted in fines under $500, which was my case!). The IO himself said that speeding tickets are not a problem, but that now USCIS just wants to know everything.
The frustrating thing is that I read on **** * that someone who went for an interview on the same day, same field office, same category (EB-2 NIW) and who also had speeding tickets and still got approved on the spot!! And the officer told that applicant that speeding tickets don't count and changed the answer on the form to "No"!! In other words, if I had got the same officer, I could've been approved on the spot as well.
The inconsistency in the adjudication process from officer to officer is so frustrating and unfair. And now my application is probably sitting forgotten on a shelf somewhere in their office, and I'm stuck in limbo again until I reach the date where I can raise an SR or make an infopass.
18 months in this process and 13 years living legally in this country. I can't wait for this to be over...
I went for my interview in early March 2019. The interview went generally fine. The IO was very friendly, perhaps just a little newer to the process, because he looked young and didn't seem to be able to final decisions yet without his supervisor. He said everything looked good and his supervisor would just need to review it before approving it. He said in theory they have 120 days to respond, but that I should receive a decision in a week or two. I have now been waiting for 3 weeks and my status still says "Interview has been scheduled".
The only "issue" with my application was answering "Yes" on question 25. I explained that I answered "yes" only because I had a couple of speeding tickets in the past, nothing else. He asked if I had any documentation about those traffic violations, which I did, and I gave the copies of the tickets to him (even though the I-485 instructions say we don't need additional evidence if the violations only resulted in fines under $500, which was my case!). The IO himself said that speeding tickets are not a problem, but that now USCIS just wants to know everything.
The frustrating thing is that I read on **** * that someone who went for an interview on the same day, same field office, same category (EB-2 NIW) and who also had speeding tickets and still got approved on the spot!! And the officer told that applicant that speeding tickets don't count and changed the answer on the form to "No"!! In other words, if I had got the same officer, I could've been approved on the spot as well.
The inconsistency in the adjudication process from officer to officer is so frustrating and unfair. And now my application is probably sitting forgotten on a shelf somewhere in their office, and I'm stuck in limbo again until I reach the date where I can raise an SR or make an infopass.
18 months in this process and 13 years living legally in this country. I can't wait for this to be over...
All Replies (3)
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