what does an immigration lawyer attend the interview

by Joannie Stracke 3 min read

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.

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 ...Jan 25, 2018

Full Answer

How can an immigration attorney help me prepare for my interview?

Jan 23, 2018 · THE DOs. DO prepare for the meeting. Bring copies all of your forms and all your document originals. You should be able to respond to questions about your forms without extensive referencing and confusion. DO be prepared to answer personal questions if you are at an interview related to your marriage to a U.S. citizen.

What does an attorney do at a USCIS interview?

Jun 22, 2021 · If your changes include an arrest or other immigration issues, speak to an immigration attorney before attending your I-485 interview. RECOMMENDED: Adjustment of Status Denial Due to Changes in Circumstances. Typical Questions at an I-485 Interview. The typical adjustment of status interview lasts approximately 20 to 25 minutes.

Can I bring a lawyer to my green card interview?

You can have a lawyer accompany you to your USCIS interview, even if you only just hired the lawyer. It doesn't matter that you've never told USCIS that you'll be bringing an extra guest. On the day of the interview, the lawyer should simply hand the USCIS officer a form called a G-28 to show that he or she now represents you.

Who will be the interviewer for my immigration interview?

Both the interviewee and the interpreter will be asked to sign this form at the start of the USCIS interview. The form declaration states that the interpreter must accurately, literally and fully interpret for both the interviewee and the interviewing officer. It also reminds the interviewee that an interpreter might hear personal information ...

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Can a lawyer go to an immigration interview?

There are immigration attorneys who will agree to attend just for an interview as long as they can review the file ahead of time.Jan 27, 2022

What can I expect at an immigration interview?

During your naturalization interview, a USCIS officer will ask you questions about your application and background. You will also take an English and civics test unless you qualify for an exemption or waiver. The English test has three components: reading, writing, and speaking.

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

Can you fail immigration interview?

If you fail any of the tests at your initial interview, you will be retested on the portion of the test that you failed (English or civics) between 60 and 90 days from the date of your initial interview. See 8 CFR 312.5(a) and 335.3(b).Sep 16, 2021

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

How long does it take to get a decision after an immigration interview?

120 daysIt 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.

How do you know if your green card is approved?

You can check your case status by calling the USCIS Contact Center at 1-800-375-5283. You will need your receipt number when you call in. This is useful if you do not have access to a computer to check your green card status.Jul 6, 2021

What happens after the green card interview?

After you complete the interview successfully, the USCIS officer will start the process of ordering a Green Card for you. There are certain cases where the USCIS does not require the applicant to appear for an interview. In such cases USCIS will mail the decision to the applicant.

Can you travel after green card interview?

The travel document usually arrives within 150 days (sometimes longer) after submitting your application. You can't leave the country until you have your approved travel document in hand, so you should expect to spend the 3–5 months after submitting your green card application in the United States.

What should you not say in an immigration interview?

DON'T joke around with the USCIS officer. 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.Jan 23, 2018

Are USCIS interviews recorded?

USCIS has the authority to record naturalization and green card interviews. In some offices of USCIS, the recording is obvious as the image of the person or people being interviewed appears on the monitor of the person conducting the interview.

What can deny your green card?

Here are some reasons that the immigration authorities might appropriately, under the law, deny your application.Health Related. ... Criminal Related. ... Security Related. ... Public Charge. ... Immigration Violators. ... Failure to Meet Application Requirements. ... Failure to Attend Appointments. ... Denial of Underlying Visa Petition.More items...

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.

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:

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.”.

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.

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 ...

Why do you need an interview with USCIS?

The reasons for requiring an interview may include: Need to confirm the identity of the applicant;

What is an I-130 interview?

For family-based applications, USCIS generally requires the Form I-130 petitioner to appear for the interview with the principal adjustment of status applicant.

What is the USCIS policy?

Citizenship and Immigration Services (USCIS) is issuing policy guidance addressing the general policies and procedures of adjustment of status as well as adjustment under section 245 (a) of the Immigration and Nationality Act (INA). No historical versions available.

How old do you have to be to file an I-485?

Unmarried children (under 14 years of age) of lawful permanent residents if they filed a Form I-485 on their own (or filed a Form I-485 together with their family’s adjustment applications and every applicant in that family is eligible for an interview waiver).

Can I waive my military spouse's appearance?

USCIS may waive the personal appearance of the military spouse petitioner; however, the adjustment applicant must appear for an interview. USCIS makes every effort to reschedule these cases so that both the petitioner and adjustment applicant can attend the interview before deployment.

Can an officer waive an interview?

An officer may encounter instances in which it may be appropriate to waive the personal appearance of an applicant or petitioner due to illness or incapacitation. In all such instances, an officer must obtain supervisory approval to waive the interview.

Can a spouse be waived for adjustment of status?

USCIS may waive the personal appearance of a U.S. citizen spouse petitioner who is incarcerated and unable to attend the adjustment of status interview. In these situations, the adjustment applicant must appear for an interview.

What does the USCIS officer ask at an interview?

At the interview, the USCIS officer or Embassy official will ask if you have had any life changes that may have affected your application and may have caused an answer on your application to change since you applied. They are looking for things like a change of employer, change of address, birth of a new child, etc.

What happens after an initial interview?

Sometimes after your initial interview, the officer will call you and your spouse back for a second separate interview. The interviewers for these kinds of interviews are often officers from the Department of Homeland Security’s (DHS) Fraud Detection and National Security Unit.

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

In many cases, the interviewing officer will let you know that your case is approved at your interview! You can expect to receive your Green Card in the mail some 2 to 3 weeks after your case is approved.

What documents are needed to get a green card?

These include any children's birth certificates, joint lease and mortgage statements, joint bank account statements, joint credit card statements, etc.

What is the goal of interview questions?

For all application types, the goal of the interview questions is to make sure that the information that you provided on your application is consistent with your answers at the interview. The interviewing officer will also have a secondary objective that will be different for each application type.

What do interpreters do in an interview?

According to interview guidelines, the interpreter must strictly translate what the interviewing officer asks, without adding their own opinion, commentary, or answer to their translation. The interpreter must bring their government-issued I.D.and complete an interpreter's oath and privacy statement at the interview.

Can I get a second interview with the government?

The government may decide to invite you for a second interview if they believe there's more to verify in your background or your relationship with your spouse or family member. If that happens, you will receive a new appointment notice from USCIS or your local U.S. embassy or consulate in the mail.

What does the USCIS officer ask about your application?

The USCIS officer will likely ask if you have any life changes that may affect your adjustment of status application. The officer is looking for anything that may change an answer on your application. Some examples include the birth of a child, new employer, or new address. If your changes include an arrest or other immigration issues, ...

How long does an adjustment of status interview take?

The typical adjustment of status interview lasts approximately 20 to 25 minutes. After introductions and swearing in, that doesn’t leave much time for questioning. It’s also not necessary to memorize answers to any questions. For the most part, the USCIS will ask you questions about your application and ask you to verify or explain certain answers. If you’ve truthfully answered questions on Form I-485, there’s no reason to be nervous or anxious.

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.

Where 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.

Can an immigration officer interpret a language?

An immigration officer may exercise discretion to allow a friend of the applicant to act as interpreter. If the officer is fluent in the applicant’s preferred language, the officer may conduct the examination in that language without use of an interpreter.

Can an interpreter be used for an I-485 interview?

Use of an Interpreter. An applicant who is not fluent in English may require the help of an interpreter for the I-485 interview. Also known as a translator, the interpreter should be a disinterested party. In other words, the interpreter should not have a clear bias.

Can I be a permanent resident after an I-485 interview?

If all goes well, you’ll be a permanent resident (green card holder) at the end of the 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.

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.

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.

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.

How to get into rhythm of having someone interpret for you?

It's not easy to get into the rhythm of having someone interpret for you. You'll need to speak relatively slowly, and stop every few sentences, in order to give the interpreter the chance to fully hear and then repeat your words in English without forgetting what you said.

Can you find an adult friend on USCIS?

So it's possible that you can find an adult friend (not a family member or your lawyer) who is capable of handling this role.

Do interpreters sign USCIS forms?

Both the interviewee and the interpreter will be asked to sign this form at the start of the USCIS interview. The form declaration states that the interpreter must accurately, literally and fully interpret for both the interviewee and the interviewing officer .

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The Oath

  • Before going to your interview, be aware that you will be asked to swear an oath. When instructed, raise your right hand and wait until instructed to say the following: “Do you swear to tell the truth, the whole truth and nothing but the truth?” You might be asked if you understand what an oath is…
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Personal Information

  • You can expect questions asking basic personal information such as: 1. What is your full name? 2. When is your birthday? 3. Where were you born? 4. What is your race? 5. Are you Hispanic or Latino? 6. What is your current address? 7. What is your phone number? Should you apply for a marriage-based Green Card, expect to be asked these questions about your spouse, too.
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Physical Information

  • It might seem strange to be asked questions about your physical appearance when your interviewer can easily see you. Nonetheless, you might be asked questions such as: 1. How tall are you? 2. What color are your eyes? 3. What color is your hair? 4. What is your weight? (Don’t lie, though it might be tempting!)
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Family History

  • Be prepared to answer questions about your family. Should you apply for a marriage-based Green Card, there might also be questions about your spouse’s family. Typical questions include: 1. What is your mother’s maiden name? 2. -in-law or father-in-law’s first name? 3. Is your mother or father a U.S. citizen? 4. How many children do you have? 5. Where were your children born? 6. Is …
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Relationship History

  • When applying for a marriage-based Green Card expect questions, some of which might ask about small details or be quite probing, about your relationship with your spouse. You and your spouse might even be questioned separately. Relationship questions for other types of Green Cards are usually more basic. Officers can ask a vast range of questions, but here are some exa…
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Military Information

  • You could be asked questions about any military service, either in the U.S. military or another country: 1. Have you ever served in the United States military? 2. When did you register with the Selective Service? (if you are male) 3. What rank did you hold when you served in the military of [name of your home country]?
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Immigration Status

  • Your interviewer will want to know your immigration history and if you have maintained legal status 1. Are you a legal resident or citizen of a foreign country? If so, which country? 2. Have you ever worked in the United States without an authorization? 3. Have you ever violated the terms and conditions of your visa?
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Trips

  • You might be asked about foreign travel. Be aware that travel to certain countries (generally those considered hostile to the U.S., such as Iran) might trigger more scrutiny. Have an explanation ready about the purpose of your travel. Possible general questions include: 1. What foreign countries have you visited in the past ten years? 2. When did you last travel outside the U.S.? 3. …
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Residential History

  • Make sure you know where you lived and when. While it might be hard to remember every detail, especially if you have moved around, think and answer thoroughly. Possible questions include: 1. Where do you currently live? 2. How long have you lived there? 3. Where else have you lived during the past five years? 4. Have you moved since you submitted your application? 5. What places ha…
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A. Waiving The Interview

  • 1. General Waiver Categories
    USCIS officers may determine, on a case-by case-basis, that it is unnecessary to interview certain adjustment of status applicants. When determining whether to waive an interview, an officer must consider all relevant evidence in the applicant’s record. The following list includes, but is not limi…
  • 2. Military Personnel Petitioners
    USCIS may waive the personal appearance of the military spouse petitioner; however, the adjustment applicant must appear for an interview. USCIS makes every effort to reschedule these cases so that both the petitioner and adjustment applicant can attend the interview before deplo…
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B. Relocating Cases For Adjustment of Status Interviews

  • Unless USCIS determines that an interview is unnecessary, the case should be relocated to the field office with jurisdiction over the applicant’s place of residence once the case is ready for interview. The reasons for requiring an interview may include: 1. Need to confirm the identity of the applicant; 2. Need to validate the applicant’s immigration status; 3. The applicant entered th…
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C. Interpreters

  • An applicant may not be fluent in English and may require use of an interpreter for the adjustment interview. At the adjustment interview, the interpreter should: 1. Present his or her valid government-issued identity document and complete an interpreter’s oath and privacy release statement; and 2. Translate what the officer and the applicant say word-for-word to the best of h…
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Footnotes

  • [^ 1] See 8 CFR 209.1(d), 8 CFR 209.2(e), and 8 CFR 245.6. [^ 2] See 8 CFR 103.2(b)(7). [^ 3] See 8 CFR 245.6. USCIS is not required to waive the interview, even if an applicant falls within one of the categories listed in 8 CFR 245.6or in this section. [^ 4] See 8 CFR 245.6 (refers to adjustment applicants clearly ineligible for adjustment of status based on INA 245(c) and 8 CFR 245.1). [^ 5]…
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