what can a lawyer fo in a 485 interview

It is fairly common for immigration applicants to bring an attorney with them to the interview. An attorney can take notes, observe the interview, determine whether a question is appropriate or relevant, and possibly help you in the event you misunderstand the officer’s question and give an incorrect answer.

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What is an I 485 interview?

Interviews are a standard part of the process after filing Form I-485, Application to Adjust Status. The I 485 interview is almost a certainty if you submitted an adjustment of status application on the basis of marriage.

Do I need an attorney to fill out the Form I-485?

You can also fill out the paperwork without an attorney's help. However, many people find that the process is highly complicated, and the consequences of making a mistake are quite serious. Paying an attorney can be well worth it. Filing Fees for Form I-485

What do I need to bring to my I-485 interview?

You should expect to take the following items: A government-issued photo identification such as a passport (even if expired) but can also be any other government-issued photo ID like a driver’s license. Appointment notice (I-797C, Notice of Action) for your I-485 interview. A complete copy of your adjustment of status application package.

What is the Attorney’s role in the interview process?

If there is a need to clarify a question (by the adjudicator) or an answer (by the applicant), it is the attorney’s role to “jump in” and provide such clarification in order to keep the interview on track.

Do I need lawyer for I-485 interview?

3:4919:00Employment Based AOS (I-485) Interview: Do You Need a Lawyer to ...YouTubeStart of suggested clipEnd of suggested clipOr maybe just take a lawyer with you now there are a lot of rumors that if you take a lawyer it's aMoreOr maybe just take a lawyer with you now there are a lot of rumors that if you take a lawyer it's a negative thing is it a negative thing in taking a lawyer no uh you have a right at the i-45

What does a lawyer do in green card interview?

An attorney at the USCIS interview would: Provide Clarifications, Explain Facts and Provide Legal Arguments. If there is a need to clarify a question (by the adjudicator) or an answer (by the applicant), it is the attorney's role to “jump in” and provide such clarification in order to keep the interview on track.

Should I take a lawyer to green card interview?

But, in general, I do want to say that for most people, you don't need an attorney. But if it's going to give you peace of mind, there's nothing preventing you from doing it either. There are immigration attorneys who will agree to attend just for an interview as long as they can review the file ahead of time.

How long does it take to get a decision after I-485 interview?

Technically, the USCIS has to provide you with a decision on your naturalization application within 120 days of your naturalization interview. In a green card application, the USCIS is supposed to provide you with an official notification of their decision within 30 days of your interview.

What should I wear to USCIS green card interview?

A good rule of thumb is to dress as if you were going to a job interview in an office building, or as if you were meeting your partner's family for the first time. In other words, something clean, comfortable and presentable that makes a good impression.

What questions do they ask in green card interview?

What kinds of questions do they ask in a green card interview?How you met and how your relationship developed.Information about your wedding.Family and Friends.Future Plans.Questions about your household finances.Information about your daily life.Education and employment-related inquiries.Immigration-related inquiries.More items...

Can I travel after green card interview?

Your EAD/AP is no longer valid for travel once you have been approved for lawful permanent residence. We advise that you do not schedule any international travel for 30 days after the interview. If an emergent circumstance arises, contact your attorney immediately for travel advice.

Are USCIS interviews recorded?

The answer to this question, as with so many things in the law, is that USCIS does video record immigration interviews – some of the times. USCIS has the authority to record naturalization and green card interviews.

How long does it take to get green card after immigration interview?

Once your card is ready, USCIS will mail your Green Card, around six months from the date of the interview, to the address that you had provided, in both cases.

What it means after I-485 interview and you been giving case held for review?

It means that you case has not yet been approved. There is probably no reason to worry at this time; it used to be customary for USCIS to approve I-485s immediately after the interview, but that is no longer the norm.

How long does it take for I-485 to be approved 2021?

8 to 14 monthsYou can expect the total I-485 processing time to be at least 8 to 14 months. It may take four to six weeks for USCIS to accept your application and send you a confirmation receipt. You then will receive notice of your biometrics appointment, which you must attend.

How long does it take for USCIS to make a decision after an interview 2021?

It is common for United States Citizenship and Immigration Services (“USCIS”) to take quite some time to issue a formal decision in a Naturalization case after the applicant has his/her interview. As a matter of regulation, USCIS has 120 days to issue a decision.

Who Attends Adjustment of Status Interview

USCIS will generally schedule the interview at an office nearest you. In some areas of the country, this may require a long drive and an overnight...

Items to Take to Interview

The USCIS appointment notice will include a list of items to take to your I-485 interview. Follow the directions on your appointment notice, but th...

I-485 Interview Questions

The typical adjustment of status interview lasts approximately 20-25 minutes. After introductions and swearing in, that doesn’t leave much time for...

How to schedule an I-485 interview?

USCIS will generally schedule the interview at an office nearest you. In some areas of the country, this may require a long drive and an overnight stay. For family-based I-485 applications, USCIS generally requires both the applicant and petitioner to attend the I-485 interview. They will make a decision to waive the interview on a case-by-case basis. You can’t request USCIS to waive the interview, and you should always expect one for marriage-based applications. In some non-marriage based cases, USCIS may require only the applicant to attend the adjustment of status interview. However, USCIS does not require employers to attend interviews for employment-based I-485 applications.

How to get an I-485?

The USCIS appointment notice will include a list of items to take to your I-485 interview. Follow the directions on your appointment notice, but this list will get you prepared for the I-485 interview. You should expect to take the following items: 1 A government-issued photo identification such as a passport (even if expired) but can also be any other government-issued photo ID like a driver’s license. 2 Appointment notice (I-797C, Notice of Action) for your I-485 interview. 3 A complete copy of your adjustment of status application package. In addition to Form I-485, have available any other forms (e.g. I-130, I-130A, I-864, I-131, I-765) you may have submitted. 4 Originals of any supporting documents that you submitted to USCIS with the adjustment of status application. Especially important examples include birth, marriage and death certificates as well as divorce decrees (if applicable). 5 Your passport (unless you are in certain categories such as refugee/asylum). 6 Any other travel documents, for example your advance parole permit if you traveled while awaiting your interview. 7 Doctor’s report from your required medical examination on Form I-693 (if you did not submit this report with the original adjustment application). 8 If applying based on employment, an up-to-date employment verification letter from your employer, documenting continued employment at a specified salary. 9 If applying based on marriage, copies plus originals of documents showing your shared life, such as a joint lease or mortgage, joint bank account or credit card statements, children’s birth certificates, and so on.

How to contact USCIS about I-485?

If it’s been 90 days since your I-485 interview and you still don’t have a decision, call USCIS at 1-800-375-5283 to schedule an InfoPass appointment. It’s important to follow up.

What documents are needed for adjustment of status?

Especially important examples include birth, marriage and death certificates as well as divorce decrees (if applicable).

What form do I need to sign for an interpreter?

The interpreter should take a valid, government-issued identity document and a prepared Form G-1256 (Declaration for Interpreted USCIS Interview) to USCIS on the day of the I-485 interview. The applicant and interpreter both sign Form G-1256 at the interview in front of the officer.

What is the last step in the adjustment of status process?

Almost everyone must go through an interview during the adjustment of status process. In fact, there’s reason to get excited. The I-485 interview is likely the last step in your application process. If all goes well, you’ll be a permanent resident (green card holder) at the end of the interview. Interviews are a standard part ...

What is an up to date employment verification letter?

If applying based on employment, an up-to-date employment verification letter from your employer, documenting continued employment at a specified salary.

What is the interview for I-485?

Several months after you submit your Form I-485, “Application to Register Permanent Residence or Adjust Status,” the applicant is scheduled for an Initial Interview with a Department of Homeland Security (DHS)/United States Citizenship and Immigration Services (USCIS) adjudications officer.

What is the procedure for an I-485 interview?

The general procedure for I-485 interviews is for the adjudications officer to review the complete application and verify the information provided. The adjudications officer ask you questions and make certain red-pen indications that the information is correct or will make changes, as needed.

What do you bring to the adjudicator?

Be Organized and Prepared. Bring all the documents that the adjudicator may need to review. While the adjudicator should have the file with any documents previously submitted, I suggest you bring your copy of the application package submitted and materials submitted to DHS/USCIS since, if any. The adjudications officer may ask for original or original certified copies of any official government documents, e.g., birth certificate, divorce order, marriage license, etc., even though you submitted copies previously.

What to consult with an immigration lawyer?

A consultation with your immigration lawyer in advance of the Initial Interview should help in identifying concerns and documents that should be taken to the interview. There have been cases where adjudications officers take inappropriate actions. Complications arise even in the best cases.

What is the key to the I-485 interview process?

Bottom Line. Preparation is the key to the I-485 adjustment of status or “green card” interview process at the DHS/USCIS. Most cases have strengths and weaknesses. Adjustment applicants should be aware of possible problem areas in their cases in advance. If an issue is identified in advance through discussion with a knowledgeable, experienced immigration lawyer, the applicant sometimes may take steps to strengthen the case. It is advisable to seek proper legal guidance on each I-485 adjustment of status or “green card” case.

What to do if I-485 is based on family?

If your Form I-485 is based on a family relationship you should bring the petitioner-sponsor to the interview.

Where do appointment interviews take place?

¿¿An interview occurs in the adjudicator's personal office. The applicant's complete (hard copy) file should be with the adjudicator for the interview. The applicant may be accompanied and represented by an attorney. The applicant will be asked to swear to tell the truth at the outset of the interview. It is very important to remember that, although the setting may seem casual, all statements are made under oath.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What is the I-485 form?

Form I-485 is the primary form that an intending immigrant must submit to U.S. Citizenship and Immigration services (USCIS) in order to apply for a green card within the United States, through a process called Adjustment of Status. The cost of filing the I-485 form is high. And on top of that, you might want to hire an attorney to both analyze your ...

How much does it cost to file a tax return for 79 years old?

If you are 79 years of age or older, the filing fee is $1,140, but with no added biometrics fee.

How much does an immigration attorney cost?

The initial consultation with an immigration attorney is likely to be around $100, though in some cases it is free. It is important to trust your instincts when interviewing attorneys and go with the attorney who is not only highly regarded, but with whom you feel comfortable.

How much does it cost to get a work permit in 2021?

As of 2021, the fee for most applicants is $1,140, plus $85 for the biometrics fee (fingerprinting). The base fee includes applications for a work permit (on Form I-765) and, in case you need to travel outside the U.S. before your application is approved, Advance Parole (on Form I-131 ).

How much does an immigration lawyer charge?

This allows you to pay for only as much of the lawyer's time as you actually need. Hourly rates for immigration attorneys usually range from $150 to $500.

Does an employer pick up my filing fees?

If you are adjusting your status based on a job offer and sponsorship by a U.S. employer, that employer will likely pick up all filing and attorney fees. If you do not have an employer picking up the tab, or are filing to adjust status based on family, a grant of asylum at least one year ago, or some other ground, be sure to interview several different attorneys before signing a contract with one.

How much does an attorney charge for a form I-485?

Most attorneys will charge a flat fee for preparing your form I-485. The fees for this process average at about $1225. The flat fee is definitely a perk if you have a complicated case that requires a lot of documentation (like affidavits). Some attorneys will also help prepare you for the interview.

What is an I-485 form?

An I-485 form is a form people who want to immigrate to the U.S use to apply for a green card. This application process is called Adjustment of Status. The form I-485 is submitted to the U.S Citizenship and Immigration Services (USCIS) when making the application.

Is it a good idea to use an immigration attorney?

Immigration issues in the U.S can get quite sticky. You want to avoid running into unnecessary trouble, so it is a good idea to make use of an immigration attorney when applying for your Adjustment of Status.

Can I file an I-485 if I am a refugee?

Note that if you apply for an Adjustment of Status based on having been admitted into the U.S as a refugee, no filing fees will be applicable for filing the form I-485.

3 attorney answers

The list of documents to bring with to the interview is in the USCIS Interview Notice itself. Pay close attention to the "catch-all" phrase: ...."and any other document you think might establish your relationship.." (something like this).

Giacomo Jacques Behar

It depends on the basis for the I-485. You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case...

How long is an I-485 denial?

An employment-based I-485 applicant who was on H-1B status had a prior H-1B denial which had caused the applicant to be without status and unlawfully present for a brief (less than 180 days) period of time. Our attorney was able to explain the circumstances to the adjudicator and to provide the required legal arguments that Section 245 (k) “excuses” up to 180 days of unlawful presence. The attorney was able to successfully and explicitly explain how the law and the facts justify approval despite such an issue. The adjudicator agreed and approved the I-485 application.

What does an attorney do in a USCIS interview?

An attorney at the USCIS interview would: Provide Clarifications, Explain Facts and Provide Legal Arguments. If there is a need to clarify a question (by the adjudicator) or an answer (by the applicant), it is the attorney’s role to “jump in” and provide such clarification in order to keep the interview on track.

Why didn't I disclose prior citations on the I-485?

Our client did not disclose prior citations on the I-485 (or N-400) application because the applicant did not realize that traffic (or other) tickets are considered a “citation” (they are!). The failure to disclose citations on the I-485 (or N-400) can be a significant negative factor even if it was done inadvertently. During the interview our attorneys were able to clarify that there are, in fact, citations that should have been disclosed and we addressed the reasons why such citations were (inadvertently) not disclosed on the I-485 (or N-400). Similarly, our attorney was able to explain that the substance of such citations should not affect the outcome of the application. The adjudicator agreed and approved the I-485 application

What is the role of an adjudicator?

Rarely, an attorney’s role is to intervene in a more decisive manner if the adjudicator intends to take a negative action on a case. Sometimes an adjudicator comes into an interview with a predetermined view that a certain facts justify denial or finding of ineligibility. This can be based on incorrect facts or understanding of the law, ...

What is the role of an attorney in a case?

Similarly, if the case has an outstanding factual or legal issue, it is the attorney’s role to draw the adjudicator’s attention to such facts or legal arguments and make them on behalf of the applicant. Example:

Is an interview required for I-751 removal of condition?

With a very few exceptions, an in-person interview with USCIS adjudicator is a required step in the review process for all employment and family I-485 adjustment of status and all N-400 naturalization applications. An interview is required for many I-751 removal of condition applications as well. An applicant has the right to be accompanied by an attorney to such interview and a very common related question our office receives is, “Should I Bring an Attorney with Me to the USCIS Interview?”

Does having an attorney at the USCIS interview affect the application?

In our experience, having an attorney at the USCIS interview does not impact the application or the interview negatively. We have heard applicants express concern that bringing an attorney with them to the interview makes the adjudicator think that there is something “wrong” with the application or that they have something to “hide.”.

Do you have to go to the interview to succeed?

You must go to the interview to succeed and tell the truth about working.

Can you disclose employment history on G-325A?

Shouldn't be a problem as long as you honestly disclos ed your employment history on the G-325A Biographical form. If not honestly disclosed contact and attorney, amend the form and bring this to the interview with actual employment dates.

Can you be forgiven for not revealing employment on G-325?

Under section 245 (a), the unauthorized employment is forgiven. The problem is that if you failed to disclose this employment on the G-325 or any other forms, you have made a misrepresentation by omission. You should "timely recant" at the interview and ask the officer for permission to correct the forms.