United States | USCIS clarifies adjustment of status interview criteria for asylees and refugees

U.S. Citizenship and Immigration Services announced it has updated its Policy Manual to clarify when interviews are required for asylees, refugees and certain family members applying for permanent residency.

Key Points:

• The update reestablishes a consistent baseline for screening and vetting, aligning with Executive Order 14161 to enhance national security and public safety.
• USCIS is restoring a standardized approach to determine when interviews are necessary for asylees and refugees applying for adjustment of status.
• The clarified criteria include situations where identity verification is incomplete, immigration records are insufficient or there are unresolved identity discrepancies.
• Officers are now explicitly guided to refer applicants for interviews under several conditions:
  • If identity cannot be verified
  • If there are signs of fraud in obtaining asylum or refugee status
  • If FBI fingerprint checks raise concerns or if the applicant’s admissibility remains unclear
  • Additional triggers include connections to countries with terrorism designations or any articulable national security concerns
• This policy update is effective immediately and applies to all pending and future Form I-485, Adjustment of Status, applications filed by asylees and refugees.

Additional Information: These expanded criteria aim to close gaps in the vetting process and ensure that only eligible individuals proceed to permanent residency. The guidance can be found in Volume 7 of the Policy Manual.

This alert has been provided by the BAL U.S. Practice Group.

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