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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.

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Attorney answers 5


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

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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; email:; 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.



Looking back in hind sight, We see the importance of an attorney. We regret not retaining one and will look into getting one if our case drags on for too long


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 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.


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.

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

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