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USCIS expands interview requirements for refugee/asylee adjustment of status

  1. Original Date Announced

    December 15, 2020

    USCIS 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)
  2. Effective Date

    December 15, 2020

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Actions: Agency Directive Change in Practice
Agencies Affected: USCIS

Pre Trump-Era Policies

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