Finished Interview for I-485 - Background check?

Question

Hi all.

I know a question along this lines has already been asked, but I/we have a slightly different scenario/case.

My husband I and finished our USCIS interview today. At the end of the interview, the immigration officer said he couldn't approve our case due to the background check that was still pending on our/his case. My question is - is this a promising sign or a negative one? Does this mean my husband and I successfully completed the interview? Is there any way that they could deny my husband his "Adjustment of Status" during the background check process?

Also, our immigration officer was quite rude and aggressive in his interviewing tactics. (He irritated me quite a bit - I'm hoping I didn't show it too much.) I was wondering, was it lawful for him to ask "leading questions"? (I know that leading questions are not allowed in Law Enforcement and get your case thrown out of court in the blink of an eye. I'm assuming the rules are the same for USCIS officers/department...?)

Answer 1

They can still deny his AOS. The background checks can be over in a few months, in some cases they can take years. As long as your husband has his Employment Authorisation Doccument he can work while he is waiting. If his AOS is not decided 9 months from the date of his EAD he will have to file for a new one. The EAD can be renewed on a yearly basis while waiting for background checks.
In immigration they do ask leading questions, they also ask provocative questions and can seperate a couple and lie to each of them about what the other has said in the hope of one of them breaking down to confirm the officer's suspicions. As long as you have a genuine marriage this type of interview can't hurt as if you are telling the truth you can't be tripped up.
I know it's hard to be patient but there is really no way you can force them to hurry up and say Yes.
Good luck to you both

Answer 2

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Answer 3

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Answer 4

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Answer 5

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Answer 6

When I adjusted status I was told it was pending a background check on the day, and a month or two later got a letter saying it had been completed. This is normal procedure for people that the check hasn't completed before the interview date.

As far as I know, they are allowed to ask any questions they like - I have read of cases where if they are suspicious they will seperate you, ask you the same questions in different rooms, and if your answers don't match you are in trouble.

As long as you told the truth and disclosed all relevant facts, and your case is valid, you should have nothing to worry about.

Answer 7

Background check means name check whether anyone who is seeking immigration cleared from the terrorist list by FBI. Even though the name check process is initiated when USCIS accepted your application, nobody knows how long it takes, sometimes it is already cleared before your interview, or sometimes it takes up to 1 year.

Unless the name check is cleared, Immigration officer cannot approve the green card for our husband. You and your husband's interview was success on all part of USCIS, but not the FBI's part. USCIS still can deny the AOS if anything comes up in FBI name check.

Immigration Officers (IO) are totally entitled to ask any questions, not only leading questions, but also biased questions. There is no guideline regarding the questions for IO. IOs are under Federal Agencies, meaning they almost can do anything they want.

My husband and I are going to interview in February and since I know how they are, we are bit nervous. But since we have nothing to hide, we will be OK. Just be patient and Good luck! The hardest part is over for you guys!

Answer 8

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Answer 9

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Answer 10

That's usually a standard thing. I went through the final background checks too several years ago.

Seems like that's the only thing stopping from approval is the background check.

They can basically ask you what they want. Some are nicer than others.