When applying for United States immigration benefits, it is important to understand the I-730 interview process. The I-730 interview is a critical step in the process of gaining immigration benefits, and can be very intimidating if you are not prepared. The I-730 interview is designed to obtain information from the applicant, or the applicant’s family members, about their relationships, background, and their reasons for wanting to immigrate to the United States. It is important to understand what questions to expect during the I-730 interview so you can prepare in advance. In this blog post, we will discuss what questions are commonly asked during an I-730 interview, so you can be better prepared and feel more confident when you attend your interview.
Five Mistakes NOT to Make at your Immigration Interview
Depending on whether the petitioners and beneficiaries are located inside or outside the country, USCIS will implement the expansion of in-person petitioner interviews in stages. USCIS will notify the public in advance before each phase is carried out. Petitioners and beneficiaries who are both located in the United States will be impacted by the first phase.
Any applicant, petitioner, sponsor, or other person in connection with an application or petition for immigration benefits may be required to attend an interview under USCIS regulations. We started expanding in-person interviews in 2017 for all aliens applying for immigration benefits that would grant them permanent resident status, nonimmigrant status, or extended work authorization.
A Form I-730 petition can be submitted on behalf of a spouse or child by an alien who has been granted asylum as a principal asylee or who has been admitted to the country as a principal refugee. As Form I-730 beneficiaries, eligible spouses or unmarried children may be granted asylum or refugee status. Beneficiaries of Form I-730 do not need to meet the criteria for asylees or refugees on their own; rather, they obtain that status as a result of their connection to the petitioner.
Historically, USCIS has required interviews for all Form I-730 beneficiaries living abroad, and starting in 2018, we also started requiring interviews for beneficiaries living in the US. However, up until this point, we have only ever spoken to petitioners when we were unable to clear up eligibility questions by speaking with the beneficiary alone. Increasing the number of in-person interviews will add another level of screening to verify the legitimacy of the familial relationship.
In-person interviews will be expanded gradually for petitioners submitting Form I-730, Refugee/Asylee Relative Petition, according to a policy memo from USCIS. These extra interviews will give us a chance to assess a petitioner’s trustworthiness, advancing our goal of identifying and preventing fraud and other risks to the United States and preserving the integrity of the immigration system. Eligibility requirements for Form I-730 benefits remain the same.
The historical national average processing time for all USCIS offices for Form I-730 has increased from 6 weeks, according to statistical data provided by USCIS. 5 months in Fiscal Year 2016 to 18. 3 months in Fiscal Year 2020. * The majority of Form I-730 petitioners will now be required to attend in-person interviews, which will prolong family separations and cause additional backlogs in the processing of these petitions.
Contact our attorneys at the Law Offices of Azita M. if you have any questions regarding the policy memo mentioned above, Form I-730 petitions, or any other immigration matter. Mojarad, P. C. Our knowledgeable immigration lawyers can address your worries and provide you with advice on the best course of action.
According to the Immigration and Nationality Act (INA), spouses and unmarried children of a primary asylee or refugee in the United States are eligible to apply for asylee or refugee status by joining the primary asylee or refugee in the country. Unless otherwise granted an extension of time to file for humanitarian reasons, the principal refugee or asylee must file a Form I-730 petition on behalf of his or her spouse and/or child within two years of the principal’s initial admission as a refugee or grant of asylum. The recipients of Form I-730 are not required to meet the criteria for asylum or refugee status; rather, they acquire that status as a result of their connection to the petitioner.
U. S. In accordance with a policy memo from Citizenship and Immigration Services (USCIS), all petitioners for Form I-730 (Refugee/Asylee Relative Petition) must attend an interview, regardless of where they are located. The expansion of in-person petitioner interviews will be implemented by USCIS in phases, and each phase will be preceded by advance public notification. Form I-730 petitions submitted on or after the applicable phase’s implementation date will be covered by this policy memo.
For Form I-730 beneficiaries living in or outside the United States, in-person interviews had been necessary prior to the publication of the new policy memo. S. On the other hand, USCIS only required an interview of I-730 petitioners whose beneficiaries lived in the U.S. S. when eligibility questions were not able to be answered by the beneficiary alone during the interview According to this policy memo, USCIS will demand that the majority of petitioners show up for an interview in relation to Form I-730.
The I-730 must be submitted within two years of the date on which asylum was approved (again, there are exceptions), and it cannot be submitted until asylum is granted. A separate I-730 must be filed for each family member.
As the manual points out, the processing time for an I-730 is not predictable. Most cases where the beneficiary is inside the U.S. take at least a year. Cases where the beneficiary is overseas take longer–a two year wait is not uncommon. In my office, we have seen cases go more quickly, but that is not the norm, especially these days. For cases outside the normal processing time, it is possible to make an inquiry. Pages 57 to 60 of the manual give some helpful advice on that score.
When we file an I-730 for one of our asylee clients, we generally include proof of asylum status (copy of the approval letter or Immigration Judge’s order), proof of identity (copy of passport or other identity document), evidence of the relationship (copy of marriage certificate or birth certificate), evidence of the beneficiary’s identity (copy of passport), and two passport-style photos of the beneficiary. Depending on the case, evidentiary requirements vary, so talk to a lawyer to be sure.
Lastly, adult beneficiaries should be aware of the principal’s asylum case before the interview. Beneficiaries are frequently not asked about the principal’s case, but if they are, it is best to be prepared. If you are unsure of the response, simply state, “I don’t know.” Additionally, certified English translations must be submitted with any non-English documents submitted with the I-730. Make an effort to ensure the beneficiary has the original documents because those are typically expected at the interview. Lastly, remember that if a principal asylee becomes a U. S. The dependent will lose his status (and be required to apply for nunc pro tunc asylum) if he is no longer a citizen, or if the relationship ends due to death or divorce and he is still an asylum seeker (as opposed to a lawful permanent resident). Therefore, it is best for dependents to submit a residency application as soon as they become eligible.
So I guess that is a wrap for 2019. Family reunification is the only thing that can be more positive in the asylum world if I were to end on a positive note. Happy New Year to all of you, and I hope to see you in the 2020s.
IMPORTANT ANNOUNCEMENT: Follow-to-Join Refugee Case Processing Now Centralized
Following changes in processing, follow-to-join refugee cases handled by Department of State embassies and consulates will only be handled at embassies or consulates providing services for immigrant visas, or U S. Citizenship and Immigration Service (USCIS) international field offices. Cases currently being processed at posts that only decide nonimmigrant visa applications will be transferred as a result, and beneficiaries of the follow-to-join refugee program may have to travel to another country to undergo an interview. The Department of State will inform you if your case is being transferred.
The list of U. S. Below are some of the processing locations for follow-to-join refugee cases, along with the embassy, consulate, or USCIS international field office to which the cases will be transferred. As an illustration, a follow-to-join refugee case arising in the U.S. S. The U.S. Embassy in Bamako, Mali, will now process S. Embassy in Dakar, Senegal.
Previous Location IV Designated Processing Location Bamako, Mali Dakar, Senegal Banjul, The Gambia Dakar, Senegal Conakry, Guinea Dakar, Senegal Dushanbe, Tajikistan Almaty, Kazakhstan Gaborone, Botswana Johannesburg, South Africa (USCIS) Jeddah, Saudi Arabia Riyadh, Saudi Arabia Maputo, Mozambique Johannesburg, South Africa (USCIS) Mbabane, Swazi
If you want to know if your follow-to-join refugee case will be handled by an embassy or consulate close to where you live, you can check Visa Issuing Posts for a more comprehensive list. Your follow-to-join refugee case can be processed there if the location offers “All” visa services, unless there is a USCIS international field office in that nation. Follow-to-join refugee cases will no longer be processed at locations marked only with “NIV.” On their websites, embassies and consulates that only provide services for nonimmigrant visas (NIV) will indicate the designated processing post for immigrant visas (and follow-to-join refugees). usembassy. gov/.
Please note that the change only impacts follow-to-join refugees. Asylees who are follow-to-join can still be processed at locations that only provide NIV services.
Is there a procedure for recipients who reside in a nation without a Department? of State presence (e. g. , Afghanistan)?.
The Department of State (DOS) and USCIS are collaborating closely to determine how to handle Form I-730 petitions in foreign countries without a U S. government presence. When a beneficiary of a Form I-730 has left a country without the U S. We request that Form I-730 petitioners and beneficiaries provide up-to-date information on the beneficiary’s location so that USCIS or DOS can process them in a foreign country without the presence of the U.S. government. Information on contacting USCIS or DOS if the beneficiary’s address has changed has been added to the Form I-730 webpage by USCIS. Online Form AR-11 submission is required to change your, your spouse’s, or your child’s address in the United States. You should also get in touch with the National Visa Center (NVC) and the U.S. Department of State if the beneficiary lives outside of the United States. S. The case is being handled by an embassy, consulate, or international field office of USCIS. On the website for international immigration offices, you can find contact details for USCIS field offices abroad. Find contact information for the U. S. on whether the U.S. has an embassy or consulate at the DOS US Embassy webpage, S. embassy or consulate is open for interviews and additional processing.
What if I was already interviewed?
Your case file will be sent to the regional processing facility mentioned above or listed on the Visa Issuing Posts page if you have not yet received a boarding foil.
How will I know if my case has been transferred?
In the event that your case is moved to another location, the Department of State will let you know.
If I decide to have my case moved elsewhere because I am unable to travel to the NEW designated location, what happens?
Beneficiaries of the follow-to-join refugee program may ask to have their cases processed by a different immigrant visa processing U S. embassy or consulate that is different than the one designated. You must justify the case transfer and demonstrate that you can lawfully be present in the nation while your case is being processed if you want to have your case transferred to a different embassy, consulate, or USCIS international field office. You must first submit a request directly to the National Visa Center (NVC) using the online submission form available at Ask NVC. Pick the “How do I request that my interview be scheduled at a different U. S. Embassy overseas?” in the question dropdown list. Include a justification for your request for a different location in the box labeled “Additional comments or questions not in the above list” and state that it relates to “follow-to-join refugee centralization.” ”.
Can I use my current medical examination at a different processing site?
Yes, the outcomes of a medical examination that is still in effect that was performed in a different location can be transferred to a different embassy, consulate, or USCIS international field office.
FAQ
What is the i730 interview about?
These extra interviews will give us a chance to assess a petitioner’s trustworthiness, advancing our goal of identifying and preventing fraud and other risks to the United States and preserving the integrity of the immigration system. Eligibility requirements for Form I-730 benefits remain the same.
What happens after i730 is approved?
National Visa Center (NVC) Pre-Processing Case Assignment: USCIS sends the approved Form I-730 petition to the NVC if the beneficiary of a petition is located abroad. The case file is then sent by NVC to the foreign location where the beneficiary will be interviewed.
What questions are asked in an asylum interview?
- What is your complete full/legal name?
- What is your date of birth?
- What country and city were you born in?
- Where do you currently live?
- Are you married?
- If yes, what is your spouse’s name?
- Do you have any children?
How long does it take for I-730 to be approved?
USCIS estimates that processing form I-730 could take up to 5 months.
