how important to have an attorney for gc 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.

Full Answer

Can I bring a lawyer to my green card interview?

Nov 06, 2015 · An attorney ensures that proper procedure is taking place at the time of the interview (for example, that the officer is asking relevant questions, that the officer is polite to the applicants, that the officers are basing their decisions on substantial evidence, etc.);

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

Jan 25, 2013 · It is almost always a good idea to have an attorney prepare you for the questions you'll be facing during the marriage green card interview process, and I think it is ESPECIALLY SO based on the facts you cite herein. Individuals represented by an attorney are usually treated with much more courtesy and respect than if appear solo and unrepresented.

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

Jun 28, 2019 · Yes, We Do Recommend Bringing Attorney to the USCIS Interview. We are certainly biased but after having been to scores of USCIS interviews, our general recommendation is for an I-485, I-751 or N-400 applicant to bring an attorney with them to the USCIS interview. Even though the adjudicator would direct all factual questions to the applicant (s), an attorney at the …

What makes a good general counsel (GC)?

Nov 05, 2020 · Yes, you can bring a lawyer with you to your Green Card interview if you would like. If you have some criminal or immigration issues on your record, it may be a good idea to attend your interview with a lawyer so that they can help you explain these issues.

Should I bring a lawyer to immigration 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.

Is it possible to get a green card without a lawyer?

While you are technically allowed to apply for a green card without the help of an attorney, navigating immigration laws alone can be troublesome. Each type of visa has a variety of paperwork with different costs and places to send each document.

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

What do I need to bring to GC interview?

Items to Take to InterviewA 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.More items...•Jun 22, 2021

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.

Do I need an attorney to become a US citizen?

Do I need a lawyer to apply for U.S. citizenship? No. You can file USCIS forms yourself, including Form N-400, Application for Naturalization, which can be submitted online. However, some people choose to seek assistance from a lawyer or Executive Office for Immigration Review (EOIR)-accredited representative.Sep 16, 2021

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.

How long does it take to get green card after 2020 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.Mar 15, 2022

Can I get a green card without interview?

It is highly unusual for USCIS or the US State Department to grant lawful permanent residency (a green card) without conducting a personal interview of the applicant. However, it does occasionally happen.

Is the green card interview hard?

The interview is the last big step in the marriage green card application process, and it can be the most intimidating and stressful element. You can reduce this stress by knowing what to expect and assembling an organized file to bring to the interview.

What are good questions to ask an immigrant?

Who did you come with and who did you leave behind? ... What was the most difficult part about leaving?What was your journey to this new country or community like?What was the most difficult part of coming here?What was it like when you first arrived?What most surprised you?More items...

How long is the USCIS marriage interview?

15-20 minutesYou will be placed together in an interview room, and an officer will begin directing questions for you both to answer as individuals or as a couple. The interview usually lasts an average of 15-20 minutes, and the questions are relatively straightforward.Mar 2, 2022

3 attorney answers

It is almost always a good idea to have an attorney prepare you for the questions you'll be facing during the marriage green card interview process, and I think it is ESPECIALLY SO based on the facts you cite herein. Individuals represented by an attorney are usually treated with much more courtesy and respect than if appear solo and unrepresented.

Giacomo Jacques Behar

I don't know about the elevated suspicion of fraud due to the lawyer not showing up to the interview.

Arsen V. Baziyants

In addition to the information in the previous responses, it sounds like the attorney you and your spouse have engaged recommends that he be hired to represent you at the interview.

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:

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, ...

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.”.

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.

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 is a RFE in court?

The government asks you for more information. Instead of a second interview, the U.S. government may send you a Request for Evidence (RFE). An RFE asks you to provide additional information so that the government can make a final decision on your case.

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.

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.

What can an immigration attorney do?

An immigration attorney can help you prepare for your interview. They advise you on what to expect, given your circumstances, write a letter on your behalf to bring to your interview, and even accompany you .

Why is it important to read the notice of an interview?

When you receive your interview notice, it is crucial that you read it carefully as it will direct you exactly WHEN (date and time) and WHERE (location) your interview will take place.

What is the I-485 form?

Form I-485 asks for a list of any organizations you are affiliated with, and you might be asked the same questions during your Green Card interview. Technically, USCIS means any organization, even very innocuous ones such as the Boy Scouts . Specifically, USCIS is looking to see if you are a member of an organization that could be considered a threat to the U.S. Memberships in some groups, such as terrorist organizations or the Communist Party, could make you ineligible to receive a Green Card. Typical questions include:

What is included in an interview notice?

The interview notice will often include a general list of documents that might not always apply to you completely. It’s recommended to bring the original document of every copy you submitted in your application. You will be instructed to bring an interpreter if you do not speak English fluently.

Do USCIS officers ask for tax returns?

USCIS officers often request to see tax returns, even if that is not listed on your interview notice as one of the documents you should bring. You might be asked questions about your tax history, such as

Do you have to answer employment related questions on a green card?

While people with family-based applications do not usually answer as many employment-related questions, that is not always the case.

Do I have to disclose my criminal record on my I-485?

You are required to disclose any criminal record on Form I-485, and you must bring documentation with you to your interview if you have any such history. You might be asked questions such as:

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.

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, ...

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 or petition. We provide support for the Adjustment of Status Application (I-485), Petition for Alien Relative (Form I-130), and several other immigration services.

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.

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 are some examples of travel documents?

Especially important examples include birth, marriage and death certificates as well as divorce decrees (if applicable). Your passport (unless you are in certain categories such as refugee/asylum). Any other travel documents, for example your advance parole permit if you traveled while awaiting your interview.

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.

What to expect after marriage green card interview?

What to Expect After the Marriage Green Card Interview. The immigration may state that he or she is going to approve your application. The officer may also state that you will receive his or her decision in the mail. Generally, decisions are mailed within a few weeks of the interview.

How long should it take to answer a question?

Respond clearly and be as descriptive as possible with dates and places and or persons names. It should not take longer than one to two minutes to answer a question, but be sure to explain yourself.

How long after receiving a green card can I apply for citizenship?

After receiving a 2 year conditional green card or a 10 year green card, you may be eligible to apply for citizenship 3 years after receiving your green card. For those with a 2 year green card, you must file I-751 first.

Do you have to wear sanitizer at entry points?

Hand sanitizer will be provided for visitors at entry points. 4. Members of the public must wear facial coverings that cover both the mouth and nose when entering facilities. Visitors may be directed to briefly remove their face covering to confirm identity or take their photograph.

Can an immigration officer separate you after swearing in?

However, an interrogation style interview can be more intimidating and stressful. The immigration officer after swearing you both in will then separate you both. One spouse will be invited into the officer’s office and the other spouse will be asked to wait in the waiting room.

How to get a GC role?

The best way to get tapped for a GC role, or increase your impact if you are already in one , is to be (and create the reputation of being) someone who effectively leads, mentors, sponsors, motivates, teaches and influences others. In short, make leadership a centerpiece in your professional mission and personal brand.

What is a GC?

Becoming a General Counsel (GC) or Chief Legal Officer (CLO), or making a move to a more senior GC or CLO role at a more prominent company, is not simply a matter of rising through the ranks or toiling away for years at a law firm and then deciding one day that you would like to throw in your hat for the position. Years ago, longevity in the legal field, motivation to fill the role and a projection of confidence may have been sufficient to mint a new GC or CLO, but the world has changed and the role of General Counsel has evolved along with it.

How to increase political capital?

Cultivate your political capital. Form relationships and maintain consistent lines of communication with key people inside your company, across your industry and beyond. The greater your political capital, the more you can leverage your current role and be considered for positions with increasing responsibility. If you are a law firm partner or counsel hoping to transition in-house, increase your network of in-house players and business leaders, so that you understand their perspectives and have them in your corner when the need arises. In addition, if you have raised your political capital in the marketplace, you will present as a stronger candidate if and when the opportunity for a lateral move or promotion becomes available.

What is good judgment called?

It can only learned by doing.) Good judgment is sometimes called a “sixth sense” or an “ability to see around corners” from business and legal perspectives. Whatever you call it, you cannot be an effective GC without it. Talk like a business person. Not a lawyer. 3.

Who is Anne Marie Segal?

Anne Marie Segal is a career and leadership coach, writer and resume writer for attorneys, executives and entrepreneurs. In her practice serving lawyers, she coaches General Counsels, law firm partners, counsel and associates, as well as government, academic and non-profit attorneys. © 2016 Anne Marie Segal. All rights reserved.

Is legal a support function?

At the end of the day, the legal function is a support function. Yes, lawyers help steer the boat, but a successful GC understands that sometimes business leaders make decisions that do not follow the best advice of counsel, taking on what a “reasoned head” might decide is too much unnecessary risk.

What to bring to an immigration interview?

You should bring all of the passports that you have used since entering the United States to your interview. The Immigration officer will go through your passport to make sure you listed the correct travel dates on your application. (Prior to filing the case you should review your passport and other travel documents to make sure you list your travel accurately). If you don’t have your old passports the officer may ask you to prove your physical presence in the United States through bills, taxes and other evidence.

What to ask at a naturalization interview?

At your naturalization interview you will be asked about, religious organizations, work organizations and political groups in which you are a current member in which you have ever been a member of in the past. Be careful in this area. This is an area where individuals can run into serious problems. If you think USCIS might have a problem with the organizations you belonged to in the past it is likely that this is true. If this is your case, before you file for naturalization, review your case with an experienced immigration attorney.

What to do if you don't have passport?

If you don’t have your old passports the officer may ask you to prove your physical presence in the United States through bills, taxes and other evidence. There are 2 travel related issues that USCIS does look at when you apply to become a U.S. Citizen: Continuous Residence and Physical Presence.

What will be tested on US citizenship?

You will be tested on your knowledge of US History and form of government. After you apply for US Citizenship, USCIS will schedule you for fingerprinting (biometrics). At your biometrics appointment USCIS will give you a handlout to study with the information on the US History exam.

How old do you have to be to take the civics test?

Age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years (commonly referred to as the “55/15” exception). Note: Even if you qualify for the “50/20” or “55/15” English language exceptions listed above, you must still take the civics test.

What to do if you received a green card based on political asylum?

If you received your green card based on Political Asylum then USCIS will want to confirm the information on your asylum application. You should review your asylum application, if possible, prior to filing for naturalization.

How long do you have to live in the US to get a green card?

You must have 5 years worth of continuous residence immediately preceding the date you file your N-400. The 5 year requirement is reduced to 3 years if you received your green card based on marriage to a United States Citizen and in some situations this requirement can be waived completely.

What are the common ways that applicants create problems for themselves during adjustment of status interviews?

Failing to listen carefully to the questions asked by the USCIS officer, volunteering information that harms your case, and lying outright are all common ways that applicants create problems for themselves during adjustment of status interviews, as further described below.

What does a USCIS officer ask about?

The USCIS officer may also ask you about the information you provided in the application for whatever visa you used to enter the United States. Be careful with what you say. In all likelihood, the USCIS officer already has a copy of your application and knows exactly what is on it.

What happens if you don't bring all that's necessary to the USCIS interview?

This can cause a delay of weeks or even months, as you will probably be asked to submit follow-up materials by mail.

What to do if your marriage application is based on a marriage?

If your application is based on marriage, this will be a highly convincing form of proof that you are not committing marriage fraud. In addition, if any of the information on your application has recently changed, for instance, your address, bring a copy of the form with the new information already filled in.

Why is it easy to make mistakes?

Because so much is at stake, it is easy to make simple mistakes, in particular: mistakes regarding what you bring along to the interview. over-optimism about your ability to speak English without an interpreter, and. mistakes regarding what you say and do during the interview..

Do you have to disclose your past arrests in an interview?

If you neglected to disclose them on the application, you will likely need to explain this past lie as well. By the time of your interview, USCIS will have already run a criminal background check on you and knows whether you have been arrested.

Can you forged a copy of your USCIS application?

Applicants often forget that copies are not solid proof of anything. They can be forged or tampered with, so as to show a birth, marriage, or clean criminal record that perhaps isn't the truth.

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• 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 abou...

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