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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, 2020Current Status
Fully 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)