8 C.F.R. § 245.6
Interview
Each applicant for adjustment of status under this part shall be interviewed by an immigration officer. This interview may be waived in the case of a child under the age of 14; when the applicant is clearly ineligible under section 245(c) of the Act or § 245.1 of this chapter; or when it is determined by the Service that an interview is unnecessary.
Notes of Decisions
Cited in 22
cases (3 in the last 5 years), 1968–2025 · leading case: Emmanuel Senyo Agyeman v. Immigr. & Naturalization Serv., 296 F.3d 871 (9th Cir. 2002).
Emmanuel Senyo Agyeman v. Immigr. & Naturalization Serv., 296 F.3d 871 (9th Cir. 2002). “While the regulations do not explicitly require the spouse to appear or testify on the alien’s behalf, as a practical matter, the INS often requests the attendance of both the alien and the spouse at the initial adjustment interview. See SARAH IGNATIUS, IMMIGRATION LAW AND THE…”
Xiu Qing You v. Nielsen, 321 F. Supp. 3d 451 (S.D. Ill. 2018). “" 8 C.F.R. § 245.6 (emphasis added). Although the interview may be waived when "it is determined by [USCIS] that an interview is unnecessary," there is no indication that USCIS made such a determination.”
Lyonel Dor v. Dist. Dir., Immigr. & Naturalization Serv., 891 F.2d 997 (2d Cir. 1989). “8 C.F.R. § 245.6 (1989). And as we observed, supra, Dor has been pursuing adjustment of status before the District Director and, on appeal, before the AAU.”
Qiu v. Chertoff, 486 F. Supp. 2d 412 (D.N.J. 2007). “2 (a)(5)© (2006) (“The applicant shall be notified of the decision of the director and, if the application is denied, the reasons for the denial” (emphasis added)); 8 C.F.R. § 245.6 (2006) (“Each applicant for adjustment of status under this part shall be interviewed by an…”
Fei Bian v. Hillary Clinton, 605 F.3d 249 (5th Cir. 2010). “5 , the requirement that applicants be interviewed by an immigration officer, 8 C.F.R. § 245.6 , and the requirement that certain background checks be performed and fingerprints taken before any application for permanent residence may be granted.”
Yue Yu v. Brown, 36 F. Supp. 2d 922 (D.N.M. 1999). “5 ; that “[e]ach applicant for adjustment of status under this part shall be interviewed by an immigration officer,” 8 C.F.R. § 245.6 ; and, most importantly, that “the applicant shall be notified of the decision of the director, and, if the application is denied, the reasons…”
Saleem v. Keisler, 520 F. Supp. 2d 1048 (W.D. Wis. 2007). “8 C.F.R. § 245.6 (“Each applicant for adjustment of status under this part shall be interviewed by an immigration officer.”
Zheng v. Reno, 166 F. Supp. 2d 875 (S.D.N.Y. 2001). “See 8 C.F.R. § 245.6 (“Each applicant for adjustment of status under this part shall be interviewed by an immigration officer.”
Kashkool v. Chertoff, 553 F. Supp. 2d 1131 (D. Ariz. 2008). “Title 8 C.F.R. § 245.6 states that “[ejach application for adjustment of status under this part shall be interviewed by an immigration officer.”
Keane v. Chertoff, 419 F. Supp. 2d 597 (S.D.N.Y. 2006). “when it is determined by the [BCIS] that an interview is unnecessary”). Given that the basis for Rahman’s limited comment about the duty to interview is in question, any reading that would transform that dictum into a declaration of a general duty to process immigration…”
Ahmed v. Holder, 12 F. Supp. 3d 747 (E.D. Pa. 2014). “5 ; that ‘[e]ach applicant for *754 adjustment of status under this part shall be interviewed by an immigration officer,’ 8 C.F.R. § 245.6 ; and, most importantly, that ‘the applicant shall be notified of the decision of the director, and, if the application is denied, the…”
Lindems v. Mukasey, 530 F. Supp. 2d 1044 (E.D. Wis. 2008). “If this were true, defendants could delay a decision indefinitely and thus render meaningless the right to apply for adjustment of status. Moreover, where, as here, an agency must act, the APA mandates that it do so within a reasonable time.”
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