Asylum Based i-485

[Bobby69]

Quick question
I have a confusion regarding the 60 day RULE
Does it mean 60 business day or 60 day from submission of RFE

[Sylver]

On Dec. 15, USCIS updated guidance in the USCIS Policy Manual regarding discretionary criteria for case-by-case interview determinations of adjustment of status applications based on refugee or asylee status. It will result "in increase in the number of applicants who may be requested to appear at a USCIS office for an interview." Read more here.

Given current backlog of pending cases, I hope Biden will revert this update...

[Jasmine22]

On Dec. 15, USCIS updated guidance in the USCIS Policy Manual regarding discretionary criteria for case-by-case interview determinations of adjustment of status applications based on refugee or asylee status. It will result "in increase in the number of applicants who may be requested to appear at a USCIS office for an interview." Read more here.

Given current backlog of pending cases, I hope Biden will revert this update...

True, but please read the notice closely. It refers to applicants who filed for adjustment of status on or after December 15,2020.

[gtaid1]

True, but please read the notice closely. It refers to applicants who filed for adjustment of status on or after December 15,2020.

Yes true ! But either way, it will delay everyone's case like crazy!

[Sylver]

True, but please read the notice closely. It refers to applicants who filed for adjustment of status on or after December 15,2020.

That's true, but this forum proves that they don't review applications on a rolling bases (some can get a decision in months, some in years), so the cases received on Dec 15, 2020 or after can technically affect cases received a year ago. I also don't believe that they will apply the new rule exclusively to the new cases because this can't be verified. USCIS under Trump does everything to make the life of asylees and refugees miserable.

[flando]

That's true, but this forum proves that they don't review applications on a rolling bases (some can get a decision in months, some in years), so the cases received on Dec 15, 2020 or after can technically affect cases received a year ago. I also don't believe that they will apply the new rule exclusively to the new cases because this can't be verified. USCIS under Trump does everything to make the life of asylees and refugees miserable.

That is not true.
USCIS Service center will review and adjudicate applications the same way as before.
The new changes will not impact the speed the service center review and process applications.
However it is expected a larger percentage of applicants will be required for an interview after service center initial adjudication, after which the files are sent to local offices instead of a RFE.
I would not read too much into this because I see this as a good thing to have any inadmissibility issues resolved and clarified in person instead of causing very big issues when you file for naturalization. I also expect most of the applicants won't require an interview (>50%), unlike a vast majority of family or employment based applicants.

[Sylver]

That is not true.
USCIS Service center will review and adjudicate applications the same way as before.
The new changes will not impact the speed the service center review and process applications.

The immigration officer Tier 2 told me that my application was at the field office and I will be most likely invited for an interview (my last update for my case is "Case Was Updated To Show Fingerprints Were Taken" in February). At the same time, I received a response to my inquiry directly from TSC saying that my application is in line for processing and adjudication. It means that while I might be interviewed again at the field office, TSC has the final word. Otherwise, I would get a response to my last inquiry from the field office where my application currently is, according to that immigration officer. Therefore, the new rule requiring field interviews will most likely affect the processing time at service centers.

I would not read too much into this because I see this as a good thing to have any inadmissibility issues resolved and clarified in person instead of causing very big issues when you file for naturalization. I also expect most of the applicants won't require an interview (>50%), unlike a vast majority of family or employment based applicants.

I would rather have my green card now and get my citizenship a few months sooner than clarify something that could be clarified without my presence. Apparently, if they needed to clarify something, they call people to interviews. There is no need in additional rules that are only meant to slow the process.

[Goldbear in CA]

The immigration officer Tier 2 told me that my application was at the field office and I will be most likely invited for an interview (my last update for my case is "Case Was Updated To Show Fingerprints Were Taken" in February). At the same time, I received a response to my inquiry directly from TSC saying that my application is in line for processing and adjudication. It means that while I might be interviewed again at the field office, TSC has the final word. Otherwise, I would get a response to my last inquiry from the field office where my application currently is, according to that immigration officer. Therefore, the new rule requiring field interviews will most likely affect the processing time at service centers.


I would rather have my green card now and get my citizenship a few months sooner than clarify something that could be clarified without my presence. Apparently, if they needed to clarify something, they call people to interviews. There is no need in additional rules that are only meant to slow the process.

So what is your current status of your case?
Yesterday I talk in a group of I 485 pending guys from China, they all said no update. Their RD is also from 02/2020-03/2020.
They used their old fingerprint as well and no actual biometric appointment at ASC.
NSC.

[Goldbear in CA]

USCIS processing times web page seems to break down.
Maybe adjust processing time again.
For my opinion, I-131 processing time in NSC would be backward again.
Always up to 20th of April,2020, it will go backward to March, three times.
If no backward, my case should be done now.

[Sylver]

So what is your current status of your case?
Yesterday I talk in a group of I 485 pending guys from China, they all said no update. Their RD is also from 02/2020-03/2020.
They used their old fingerprint as well and no actual biometric appointment at ASC.
NSC.

As I said, my last update is "Case Was Updated To Show Fingerprints Were Taken" in February.

[Goldbear in CA]

As I said, my last update is "Case Was Updated To Show Fingerprints Were Taken" in February.

Same to you with me and many guys.

[flando]

The immigration officer Tier 2 told me that my application was at the field office and I will be most likely invited for an interview (my last update for my case is "Case Was Updated To Show Fingerprints Were Taken" in February). At the same time, I received a response to my inquiry directly from TSC saying that my application is in line for processing and adjudication. It means that while I might be interviewed again at the field office, TSC has the final word. Otherwise, I would get a response to my last inquiry from the field office where my application currently is, according to that immigration officer. Therefore, the new rule requiring field interviews will most likely affect the processing time at service centers.


I would rather have my green card now and get my citizenship a few months sooner than clarify something that could be clarified without my presence. Apparently, if they needed to clarify something, they call people to interviews. There is no need in additional rules that are only meant to slow the process.

Well... If like you said, when they needed to clarify something they call people to interviews, there will be mostly no difference as to how many applicants will require an interview before and after the change.

All but one of the new interview guidelines are either existing before or is relating to admissibility issues. It does not require an interview and I do not believe asylum based applicants will be called in for an interview like family or employment based applicants.

To your point, the problem has nothing to do with the interviews. Many, such as naturalization, family based and employment based applications are processed very quickly even with the interviews.

It do seem like an act on purpose to delay processing such cases in TSC, regardless of who they decide to call in for an interview.

I'm seriously considering bringing up a class action against the USCIS because the delayed processing of asylee I-485 and I-730 in TSC is unreasonable.

I suggest anyone filed at TSC contact NGOs such as ACLU as well as writing to the President and head of DHS and USCIS after the new administration is sworn in to bring their attention to the situation in TSC.

[sweetsuchino]

I applied March 2019 so my queue is around 11000 left in front of me. When I applied i was around 14000.
If they still do the same number every quarter i have to wait from now 2.3 years that would be 3.3 years if I count from the date of received

How can you tell, see the cases in front of yours?

[Sylver]

Well... If like you said, when they needed to clarify something they call people to interviews, there will be mostly no difference as to how many applicants will require an interview before and after the change.

All but one of the new interview guidelines are either existing before or is relating to admissibility issues. It does not require an interview and I do not believe asylum based applicants will be called in for an interview like family or employment based applicants.

You may be right, but I go by what USCIS says in their statement that the new rule may result "in increase in the number of applicants who may be requested to appear at a USCIS office for an interview."

It do seem like an act on purpose to delay processing such cases in TSC, regardless of who they decide to call in for an interview.

I'm seriously considering bringing up a class action against the USCIS because the delayed processing of asylee I-485 and I-730 in TSC is unreasonable.

I suggest anyone filed at TSC contact NGOs such as ACLU as well as writing to the President and head of DHS and USCIS after the new administration is sworn in to bring their attention to the situation in TSC.

A class action and a letter to NGOs may be a good idea. I contacted the senator of Pennsylvania (D) and complained about my situation. If I don't see the result until January 20, I will consider other options.

[badbunny]

I’m a derivative asylee, already inside the US. Had an interview with USCIS April 2019 along with my petitioner. Already applied for Adjustment of Status. My fingerprints were recycled as well in July. I’m wondering if I will require another interview, or if that first 1 will count for any questions of inadmissibility. Does anyone have any insight on this? Thank you!