what to ask attorney about gc uscis interview

by Courtney Sauer 10 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.

Full Answer

What does USCIS look for in a green card interview?

Jan 27, 2022 · Q&A With an Immigration Attorney About USCIS Interview Prep. Answers to common questions about the K-1 and green card interviews. Jan 27, 2022. Good afternoon, everybody, and welcome to today’s Boundless Immigration Live. My name is Maggie Riley. I am the immigration law and policy analyst here at Boundless Immigration, and I’m coming here ...

What should I do if I have an interview at USCIS?

What happens when you fail an immigration interview? If you fail your test the first time, you will be given only one more chance. The USCIS (U.S. Citizenship and Immigration Services) officer must give you a notice of results (form N-652) at the end of the interview that will tell you if you passed or failed, or if for some reason your case is continued.

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

Jun 28, 2019 · 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 …

Can I bring a lawyer to my green card interview?

Nov 05, 2020 · 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.

image

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.

How do I prepare for a 751 interview?

How to Prepare for the Form I-751 InterviewGather Supporting Evidence of Your Good Faith Marriage. ... Dress Formally. ... Arrive Early to the I-751 Interview. ... Be Honest and Open about your Relationship.Oct 12, 2021

How do I ace my green card interview?

Green Card Interview TipsBe honest and open. Think of the interview as an opportunity to give the officer a window into your life as a couple, not as an obligation to portray the ideal marriage. ... Speak your mind. Some interviewing officers will ask very personal questions. ... Practice, practice, practice. ... Have fun!

What questions should I ask at immigration consultation?

Here's a quick look at ten questions you should ask every immigration attorney you speak with about your case.Do You Specialize in Visas and Family Immigration Law? ... Are You A Member Of The American Immigration Lawyers Association? ... Have You Ever Been Reprimanded Or Disciplined For Dishonesty?More items...•Dec 12, 2020

How can I avoid I-751 interview?

One of the best ways to avoid the I-751 interview is to submit a well-prepared I-751 petition with plenty of quality evidence. Specifically, your evidence should present overwhelming proof that you have a bona fide marriage. A marriage certificate alone is not sufficient.Jun 7, 2021

What happens after I-751 interview?

Within three weeks from submitting your I-751, you will receive a receipt by mail. This receipt will confirm the USCIS has received your form and has begun normal processing. This receipt is called Form I-797 – Notice of Action.

Are green card interviews being waived 2021?

The U.S. Department of State (DOS), in accordance with the Department of Homeland Security (DOH), announced on December 23, 2021, in-person interview requirements are temporarily waived for some nonimmigrant visas through the end of 2022.Jan 5, 2022

Can USCIS waive green card interview?

The U.S. Department of State will temporarily waive the interview requirement for roughly 49,000 immigrant visa applicants, according to a temporary final rule published Friday.Dec 13, 2021

What questions do they ask at USCIS interview?

Officers can ask a vast range of questions, but here are some examples:How, where, and when did you meet your spouse?Where did your first date take place?How long did were you with your spouse before getting married?When and where were you married?Did you go on a honeymoon? ... What is your spouse's current job?More items...•Jan 31, 2022

How do I interview an immigration lawyer?

Interview with an Immigration AttorneyWhat do you do for a living? ... How would you describe what you do? ... What does your work entail? ... What's a typical work week like? ... How did you get started? ... What do you like about what you do? ... What do you dislike? ... How do you make money/or how are you compensated?More items...

How do I prepare for Immigration Consultation?

5 Tips to Make the Most of your Immigration ConsultationAsk the Prospective Attorney Questions about His or Her Experience. ... Tell the Lawyer if Your Case Involves an Emergency. ... Bring the Necessary Immigration Documents to Your Appointment. ... Bring Copies of Criminal Records, if Applicable. ... Take Good Notes.Jan 14, 2021

What an immigration lawyer does?

What does an immigration lawyer do? The job of an immigration lawyer is to provide pragmatic and strategic legal advice on immigration in India. Immigration attorneys are primarily associated with the responsibility of assisting their clients on complex issues with regards to settling down as citizens of India.Jan 12, 2021

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 happens if a USCIS officer concludes that you and your foreign spouse have a bona fide

If the USCIS officer concludes that you and your foreign spouse have a bona fide marriage then the marriage petition will be approved. Then the USCIS officer will decide the application for permanent residence. The USCIS officer’s determination is based largely upon you and your foreign spouse’s responses to questions.

What is the most important step in the USCIS process?

It is our opinion that the USCIS interview is the most crucial stage of the process. At the interview, the USCIS officer will question you and your foreign spouse, in detail, in order to determine the legitimacy of your marriage. If the USCIS officer concludes that you and your foreign spouse have a bona fide marriage then the marriage petition will be approved. Then the USCIS officer will decide the application for permanent residence.

What do you need to know about USCIS?

Your Application. After you have arrived at your interview you will likely be brought into a simple government office. The officer will have a desk, a computer, printer, and immigration books.

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 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 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.

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, ...

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.

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 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.

How long is a USCIS interview?

The interview will likely be around 20 minutes of questions about your relationship. Bring ORIGINAL versions of documents (birth certificate, passport, visa, your spouse’s birth certificate, etc). They want to see the originals, not copies. Also, please bring all the documentation that the USCIS requests in their letter of notice of the interview.

How long does it take to get a green card from USCIS?

USCIS can let you know that they have approved your application. You would leave the interview and typically receive your green card by mail after about a month. USCIS may not inform you of a decision on your case, but will then approve your green card and you will receive it after about a month.

Is an interview a part of the USCIS process?

The interview is a normal part of the process. USCIS just wants to verify that all the information in your application is correct, that your marriage or relationship is real, and wants to give you one last chance to update any information before the final submission.

What should happen before you can expect your green card to be approved?

There are a couple of things that should happen before you can expect your Green card to be approved by USCIS officer quickly: Employment-based i140 should be approved. Your PD date should be current in the ‘Final Action’ Chart. Your i693 medical form should be available.

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

If your employment-based interview is waived, you can expect your green card to be approved within a month of submitting your medical RFE. Most people have reported getting the physical green card within a week of approval status online on the USCIS case status website.

Is the i485 pending?

All i485 documents should be legitimate and no RFE is pending. The USCIS sends the RFE for medical ahead of time and usually within 30 days of the date getting current in Final action.

Will USCIS waive i485?

It is possible that USCIS is using its discretionary power to waive i485 employment-based interviews to avoid wasting GC numbers in 2021 and will continue to do so in 2022. Please note that the interviews for family based i485 is mandatory and USCIS usually does not waive them.

image