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Original Date Announced
December 15, 2020USCIS updates the Policy Manual to expand the criteria that determine whether a refugee and asylee applying for adjustment of status should be referred for an interview. The Policy Manual guidance includes eight new criteria for interview referral:
- "The applicant has an articulable national security or terrorism-related ground of inadmissibility concern."
- "Other eligibility fraud, identified on a case-by case basis, where Fraud Detection and National Security (FDNS), Center Fraud Detection Operations (CFDO), or Background Check Units (BCU) recommends interview."
- "Immigration records are insufficient for the officer to determine whether or not the applicant is inadmissible based on past or current placement in removal proceedings at any time."
- "The applicant has conflicting or multiple identities, other than properly documented by legal name changes."
- "A sworn statement is required to address the applicant’s admissibility."
- "An interview would yield clarifying information, such as with an unclear response to a request for evidence concerning the applicant’s admissibility."
- "The applicant is a citizen of, or last habitually resided in, a country that is now, or was at the time of last residence, a State Sponsor of Terrorism."
- "The officer has any other articulable concern regarding identity, inadmissibility, national security, public safety, or fraud, and recommends an interview to help resolve that concern."
[ID# 1244]
USCIS Policy Alert Regarding Refugee and Asylee Adjustment of Status Interview Criteria and Guidelines USCIS Policy Manual, Chapter 5 Adjudication Procedures (Dec. 15, 2020 update)Effective Date
December 15, 2020Subsequent Trump-Era and Court Action(s)
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September 16, 2021
Policy Alert (09/16/21) - Refugee and Asylee Adjustment of Status Interview Criteria and Guidelines
Policy Alert announcing revisions to USCIS policy guidance regarding interview referral criteria for asylee and refugee adjustment applicants.
View Document
Current Status
Partially in effectOriginal Trump Policy Status
Status: Final/ActualTrump Administration Actions: Agency Directive Change in PracticeSubject Matter: Asylum, Withholding and CAT Refugees Immigrant VisasAgencies Affected: USCISPre Trump-Era Policies
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October 15, 2020
USCIS Policy Manual with prior interview criteria for refugee/asylee adjustment of status.
USCIS Policy Manual, Chapter 5 Adjudication Procedures (Oct. 15, 2020 update)