Skip to main content

I had a confusing AOS interview, is this normal?

New York, NY |

We recently had a AOS interview in the NYC field office. Except for some few stumbles here and there due to nerves, things seemed OK. The IO even managed to have a few laughs with us and even commended the joint sponsor for being kind, so there was noticeable signs of trouble. The confusion stems from the way it ended, because weren't given any letter and the IO gave the I-94 back because my spouse still had valid student status. The officer then said the application is pending background check, but reading around we have been made to believe that since 2008 background checks usually don't take long and the application has been pending for 7 months now. Please let us know if the IO is simply trying to hide a problem or truly background still get long delays in 2013.

Attorney Answers 5


  1. Try not to be too worried. You don't know what the officer thought or what he or she was looking for. I have noticed a trend as of late in immigration to redo the background checks. It does not seem to be out of the ordinary. It does sound like the officer was pleasant. Be patient. Good luck

    Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. Please contact at the Law Office of Daniel Corno, (832) 767-2922, 1535 South Richey, Pasadena, Texas 77502 elabogadodaniel@yahoo.com, elabogadodaniel.com


  2. We cannot read the mind of an immigration officer. Certainly not remotely. In NYC background checks always take longer simply because of the sheer volume of cases the officers handle. Your case is a vivid illustration of the reasons why having an immigration attorney persent at that interview is so important.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. Hi there- Wait and see what happens. If there is a problem, CIS will send you a notice asking for a clarification.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.


  4. All you can do is sit tight at this point. Stop trying to read the tea leaves. You will only drive yourself crazy. However, as Attorney Segal aptly noted, this is why you should have used a lawyer.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.


  5. your application should be adjudicated within 60 days of your interview. if it has been 7 months since your interview, you need to inquire.

Immigration topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics