NYC interview

[klaudialaw]

We had our AOS interview with an in-country waiver. The interview lasted only 10-15 min. Questions were asked by the officer only to my husband.
When did you enter USA
How did you entered(fraud/misrepresentation)
Asked for birht certificate
Name of our Newborn
The reason why the waiver should be granted to us?
Then he asked my lawyer if there was any case law that supported inspection of people with fraud/misrepresentation?
The lawyer did not have that but stated that he had several cases approved last year.

He then told us that our case is pending and that we should hear within a month.


I just dont know what to make out of it. The officer was strict. He never smiled.

[kitkat1]

I wouldn't be overly concerned about the behavior of the interviewing officer - he probably isn't the one to adjudicate the waiver. Even if he is, the decision rests on the strength of the waiver and evidence. But I don't think you'll hear in a month - that seems very fast for in country adjudication.

[klaudialaw]

yeah, that's what he said. The decision will be sent within a month.

[afriend]

We received the decision of the waiver abt a year, but I heard someone turned in an i-601 and received an approval within a month. I believe it takes longer if they need to investigate more. Did your husband presented a passport or i-94 (even with a different name) or at least the name and date and place of entry. Usually if they came from far away country, the common misrep is visa/passport fraud, unless you are crew.

[klaudialaw]

the passport that my hus came in with was taken by the officer that interviewed us. He was looking for evidence that a person entering with this kind of fraud is inspected and admitted in U.S. My hus came with an italian passport. He had the passport and the I-94

[klaudialaw]

besides, the fake passport was declared when we sent all of our papers for adjustmetn of status. Therefore, they should have done all the searches necessary.

[afriend]

Especially that misrep was declared in your AOS package.

I am guessing if they will require your husband to submit an affidavit.
A notarized letter detailing the entry and how he acquired the passport, if they are satisfied I believe they will adjucate the waiver.