Queens, NY asked in Immigration Law for New York

Q: I received a USCIS letter about an interview for my I-485 status adjstmnt, while my spouse got his Card without one. Why

In 2023, I successfully won my asylum case in court. Following this, I submitted an I-485 application to the US Citizenship and Immigration Services (USCIS) to adjust my immigration status.

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James L. Arrasmith
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A: USCIS often waives interviews for derivative asylum recipients (like your spouse) while requiring them for principal asylum recipients (like you). This is because you were the main applicant who established the asylum claim, making your case more complex.

The interview for principal asylum recipients helps USCIS verify details from your original asylum case and ensure all eligibility requirements are met. They'll likely ask about changes in your circumstances since winning asylum and confirm information on your I-485 application. This is standard procedure and shouldn't cause concern.

Your spouse, as a derivative beneficiary, already had their eligibility established through your approved asylum case. Since their adjustment is based on their relationship to you, and you've already proven the asylum claim, USCIS often processes these cases without interviews to streamline the process. You should prepare for your interview by reviewing your original asylum application and gathering any updated documentation about your current situation.

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