what do you gqin by having a lawyer with you in immigration interviews

by Abe Lind 9 min read

One of the benefits of having a lawyer at a citizenship interview is that we are allowed to ask for clarification. If you are ever confused by one of the questions the USCIS officer asks, your attorney can communicate the issue with the question.

Do I need an immigration lawyer?

Jan 23, 2018 · Get in Touch with an Attorney to Learn More About Immigration Interviews. While immigration interviews can be stressful, you can learn all about the process and the laws without having to look it up on your own. You can reach out to an experienced immigration attorney in your area to learn more about the interview and the immigration process in ...

What does an attorney do at a USCIS interview?

Jan 05, 2018 · Here are 5 main benefits of having immigration counsel at your in-person interview with USCIS: 1. Provide protection against excessive screening or vetting The in-person interview is a screening and vetting procedure for persons seeking immigration benefits to reside or stay long-term in the United States.

Do you have to go to the USCIS for an interview?

Apr 07, 2016 · You are never required to use an immigration lawyer. The immigration statute gives you the right to have an immigration attorney if you want to retain one. The attorney can file legal documents as your representative and can appear with you at immigration interviews. But you are never required to have one if you prefer not to.

How can I get help with my immigration interview?

What Can an Immigration Lawyer Do For You? Immigration lawyers interpret the law, help clients analyze their rights, possibilities, and strategies, and guide you (or if applicable, your sponsoring U.S. family member or employer) through every step of the complicated immigration process.

Is it worth using an immigration lawyer?

Immigration services can be just as complex, and it is likely worth the expense to hire an immigration lawyer for immigration questions and processes to avoid unnecessary staffing and legal employment compliance hurdles.Apr 30, 2021

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.Jun 28, 2019

Why do people use immigration lawyers?

You will definitely want to consult with an attorney who practices immigration law if: you are uncertain about your basic eligibility for a green card or other immigration benefit. you have received government assistance while living in the U.S. or are concerned that you might be inadmissible for some other reason.

How do you know if you pass the immigration interview?

Usually, the USCIS officer conducting your green card interview will tell you whether your green card is approved directly after your interview. But in some cases, the USCIS officer will need to put off the final decision due to a lack of evidence.Mar 15, 2022

Should I bring attorney to my green card interview?

Though the interview does not require your immigration and naturalization attorney to be present, there are benefits of having a lawyer at citizenship interview. The experienced attorneys at Scott D. Pollock & Associates P.C. are able to help you study, prepare, and protect you during your citizenship interview.

What questions do they ask in green card interview?

Green Card Interview QuestionsHow did you meet?Where did some of your first dates take place?How long did you date before deciding to get married?What is the story of your marriage proposal?

Can immigration lawyer speed up process?

An immigration lawyer cannot magically speed up your applications process once it has been submitted, however by hiring an immigration lawyer you can greatly decrease your chances of unnecessary delays caused by mistakes in your application.

How much do immigration lawyers make?

The salaries of Immigration Lawyers in the US range from $55,870 to $187,200 , with a median salary of $115,820 . The middle 60% of Immigration Lawyers makes between $115,820 and $120,480, with the top 80% making $187,200.

How much does a US immigration lawyer cost?

This can be anywhere from $150 to $500+ per hour. However, some immigration lawyers charge a set fee for a specific service. For example, for filing a specific immigration form, an immigration lawyer may charge a flat rate between $350 to $1,500.Mar 4, 2021

Does USCIS check your text messages?

If you are at U.S. port of entry or under investigation DHS may be able to view your phone calls and text messages. DHS also views your social media information.Feb 6, 2018

How much is a green card in 2021?

US Green Card application fees 2021 For example, a family-based Green Card costs $1,760 for an applicant living in the US and $1,200 for an applicant from outside the United States.Dec 5, 2021

What should I bring to immigration interview?

You must bring the following documents to the interview:Appointment Letter – The interview appointment letter you received from NVC.Passport – For each applicant, an unexpired passport valid for six months beyond the intended date of entry into the United States.More items...

How to avoid sarcasm during an interview?

In particular, avoid joking or sarcasm related to drug dealing, communicable diseases, bigamy, or smuggling people into the country. DON'T argue with your spouse or other family members in the middle of an interview. Agree before hand on what you will do if a disagreement arises during the interview.

What to do if you feel you have something that is difficult to explain?

DON'T lie to the USCIS officer. If you feel you have something that would be difficult to explain, hire an attorney. Your attorney should be able to defuse difficult situations during an interview.

What to do if you don't understand English?

DO bring an interpreter with you if you do not understand English. DO dress appropriately for the occasion. This is an important meeting for you, and a good impression can't hurt. DO remain calm. If you don't understand the question, ask the officer to rephrase it.

Do you have to show up for USCIS interview?

USCIS officers are notoriously difficult to reach and requests for changes in interview times are not well received. If you fail to show up for your appointment, you may have to endure a lengthy process to get another interview.

Is it necessary to be prepared for a USCIS interview?

Being prepared and not arousing suspicion will make the USCIS interview as pleasant as possible. The tenor of each interview will depend on the personality of the USCIS official with whom you meet, so it is almost impossible to be entirely prepared. It is important to remember, however, that it is the USCIS official's job to determine whether there ...

What information is asked at an in person interview?

At the in-person interview, the USCIS officer may ask for any information related to questions on the application forms, your eligibility for the benefit sought, your marital history, your manner of entry into the U.S., your admissibility to the U.S. (such as any arrests, charges or convictions, or misrepresentations made to an immigration official), your educational background, and your past and present employment (including the documents you used to obtain a job in the United States).

Why are attorneys important to the tribunal?

In addition, because attorneys have a duty of candor to the tribunal, their presence generally adds credibility to your claims. An attorney cannot knowingly present false information or false documents or perpetuate fraudulent claims without running afoul of the professional responsibility rules.

Do you have to have an attorney present for an interview?

Having an attorney present does not mean you have something to hide. On the contrary, many USCIS officers prefer applicants to bring counsel to the interview for it to run more smoothly and effectively.

Do USCIS interviews involve a lawyer?

Unlike in court hearings before a judge, interviews with USCIS do not involve your attorney asking you direct questions to solicit testimony. The USCIS officer asks the questions and you provide the answers.

What do immigration lawyers do?

What do immigration lawyers actually do? If you’re going through the immigration process, do you need one? These are completely fair questions, so let’s start with two important points: 1 You are never required to use an immigration lawyer. The immigration statute gives you the right to have an immigration attorney if you want to retain one. The attorney can file legal documents as your representative and can appear with you at immigration interviews. But you are never required to have one if you prefer not to. 2 Most people do not use an immigration lawyer. Whether immigration lawyers like it or not, that’s the simple truth. Most people who successfully complete the immigration process never hire a lawyer. There are good reasons that you might want legal representation, but you should also know that thousands of people immigrate every year without a lawyer’s help. No one should scare you into hiring a lawyer by saying that it’s impossible to succeed without one. That’s just not true.

What is the most valuable service an immigration lawyer can offer?

That’s why the most valuable service an immigration lawyer can offer is as a strategic adviser. A good immigration attorney should be able to help you understand what roads you’re allowed to walk down.

What is fiduciary duty?

This goes far beyond the fact that any business tries to please its customers. The fiduciary duty means that lawyers put their clients interests ahead of the lawyer’s own interests.

Why did Gustavo skip the interview?

Because it was important to our client that he move forward with the interview, Gustavo skipped part of the conference so he could be at his client’s side.

Who is Greg on I-864?

Greg is recognized as the leading national authority on enforcement of the Form I-864, Affidavit of Support. Greg represents low-income green card holders in lawsuits to recover support from their sponsors. Practicing family-based immigration law, Greg also focuses on helping married and engaged couples with U.S. immigration.

Can a foreign spouse get a green card?

with the intention to seek a green card – and came on a temporary status – he has committed an act of fraud. His green card application can be denied. What’s far worse, is that he can also be subjected to a lifetime ban from ever returning to the U.S.

What does an immigration lawyer do?

Immigration lawyers interpret the law, help you analyze your own rights, possibilities, and strategies, and guide you (or if applicable, your sponsoring U.S. family member or employer) through every step of the complicated immigration process.

What to do if you are deported?

If you find yourself in deportation or removal proceedings in immigration court, the lawyer will research the law to find every possible avenue of relief; help you and any witnesses prepare for your court appearance; deal with arcane court procedural requirements and deadlines; write briefs arguing the law on your behalf; and spend hours in the hearing with you, representing you and helping you present your case.

Is immigration law complicated?

U.S. immigration laws are extraordinarily tangled. It's been said that the body of immigration law is second only to U.S. tax law in it's complexity. Furthermore, even modest mistakes in a visa or green card application, or the evidence provided as part of an immigration application process, can lead to years-long delays, ...

What to do at immigration interview

Get READY for the meeting. Bring copies of all your forms and all the originals of your documents. Must be able to respond to questions about your forms without spreading too much and without much confusion.

What to do NOT at immigration interview

Do NOT make jokes to the USCIS officer. Especially avoid jokes or sarcasm, in connection with the sale of drugs, communicable diseases, bigamy, or smuggling people to the country.

How to check in for citizenship interview?

Once there, you'll need to check in with the person at the desk or window, or follow instructions for checking in with your interview notice. Then, wait for your name to be called.

How does the USCIS officer start the interview?

The USCIS officer begins the interview by asking you to raise your right hand and swear to tell the truth during the interview.

What to do if denied USCIS?

If you are denied, you should receive a piece of paper from the USCIS officer explaining the reasons. You can choose to appeal or to simply reapply. Don't reapply, however, unless you understand why you got denied and your new application will be different and will likely cause USCIS to approve you this time.

What does the USCIS officer tell you about your swearing in?

If all goes well at the interview, the USCIS officer will tell you that you have been approved and might hand you a piece of paper containing information about your swearing-in ceremony. In some parts of the United States, you have a choice between going to a court-run or a USCIS-run ceremony.

What is the job of a USCIS officer?

The job of the USCIS officer during the interview is to decide whether you are eligible for citizenship. The information and documents you gave when you applied could raise concerns with the officer, particularly if you have committed crimes or have done anything that might affect the officer's opinion about your "moral character."

What happens if you don't show up for an interview?

When it's your turn, a USCIS officer will call you in to a private office or cubicle where the interview will take place.

What is the worst thing you can do at a citizenship interview?

The worst thing you can do at a citizenship interview is to lie to the officer because you think the truth will hurt your chances at citizenship . Even if the question is not relevant to the officer's decision, your citizenship can be denied on grounds that you were not truthful during the interview.

What are some examples of changes to immigration status?

The officer is looking for anything that may change an answer on your application. Some examples include the birth a child, new employer, or new address. If your changes include an arrest or troubles with the marriage, speak to an immigration attorney before attending your marriage-based adjustment of status interview.

How many appointments are there for I-485?

After filing a marriage-based Form I-485, Application to Adjust Status, there are generally two appointments. USCIS will schedule a biometrics appointment for the applicant (usually within the first couple of months) and then the interview appointment several months later. USCIS requires both spouses (the applicant and petitioner) ...

What is the USCIS appointment notice?

The USCIS appointment notice will include a list of items to take to your adjustment of status interview. Follow the directions on your appointment notice. Until then, the following list will get you prepared for the interview. You should expect to take the following items:

How long does it take to get a green card after marriage?

However, if you’ve reached the two-year anniversary of your marriage since filing the application, make sure the USCIS officer is aware. With at least two years of marriage, USCIS can issue a 10-year permanent green card. This will save you the extra time and expense of removing the conditions later.

What is CitizenPath?

CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will approve the application. We provide support for the Adjustment of Status Application (Form I-485), Petition for Alien Relative (Form I-130), and several other USCIS immigration forms.

What is the I-797C?

Like many other USCIS communications, the appointment notice will be labeled as I-797C Notice of Action.

How long does it take for a marriage to be granted a green card?

If the marriage is less than two years old at the time permanent residence is granted, USCIS will issue a two-year conditional green card. The green card holder will need to petition to remove the conditions in the 90-day period that precedes the expiration date on the card.

Why is it important to track a case?

The possibility of loss is part of why it's important to track your case through the system, as described above. But if your file got lost before even having a case number assigned to it, and so you never got a receipt notice even after many weeks or months, it will be harder to track.

What is RFE in USCIS?

You Haven't Responded Adequately to a Request for Evidence (RFE) When USCIS cannot approve an application based on the materials you sent it, the agency may send you what's called a Request for Evidence, or RFE.

What happens if you ignore the RFE?

If you ignored the RFE or sent your evidence in late, or are not certain that the evidence you sent was sufficient, this is a likely cause of delay. See an attorney for help.

Have you moved since filing an application with USCIS?

Have you moved since filing an application with USCIS? If so, you hopefully advised the relevant agency or office. For USCIS, you'd do this using Form AR-11 or its online Change of Address service . (Advising USCIS of any changes of address is legally required of all immigrants.)

Do immigration authorities have more applications?

The U.S. immigration authorities always seem to have more applications coming their way than they can possibly handle in a reasonable time. It's the regular subject of news stories and congressional inquiries.

Is it possible to have a long wait for an immigration petition?

government action on an immigration petition, visa, or other application, it is quite possible you have already experienced a longer wait than you would have expected —and are wondering why. Unfortunately, long waits are a fact of life in the immigration world. If it is any comfort, the reason is probably nothing personal.

Can you have unlimited numbers on a green card?

If you are in a category of visa or green card applicant that does not allow unlimited numbers to be given out each year, a certain amount of waiting will be built into the process.