why should i take an attorney to adjustment of status interciew

by Arvid O'Connell 5 min read

We’ve laid out a few reasons your attorney can aid your interview process. Ensuring clarity in questioning. If the U.S. Citizenship and Immigration Services (USCIS) officer uses complex wording or fails to ask a question articulately, your attorney can advocate on your behalf and ask that the question be rephrased to make it easier to understand.

Having counsel at the interview helps you determine when it's better to answer, ask for clarification, or object (for good cause). Your attorney cannot respond to questions the USCIS officer directs to you. She also may not coach you on how to lie about facts or hide information that is requested.Jan 25, 2018

Full Answer

Do you have to go through an interview for adjustment of status?

master:2022-04-13_09-33-18. If you are have applied for lawful permanent residence (a green card) within the United States through the procedure known as " adjustment of status ," you are likely, as the last step in your application process, to be called in for an interview by U.S. Citizenship and Immigration Services (USCIS).

What happens if you lie in an adjustment of status interview?

If you're applying for adjustment of status in order to get their green card in the United States, you'll most likely need to appear for an interview at an office of U.S. Citizenship and Immigration Services (USCIS). This will probably take place several weeks or months after you've submitted the adjustment of status application ().Or, if you submitted a family-based petition (Form I-130 …

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

Jun 25, 2019 · U.S. Citizenship and Immigration Services (USCIS) will likely require you to attend an interview if you applied to adjust status. Adjustment of status is the process of applying for permanent residence (green card) from inside the United States. USCIS uses the interview to confirm information provided by applicants (and often petitioners) is accurate and up-to-date. …

What is adjustment of status interview for green card?

You need to take all the I-94 s & EAD Cards when you go. The purpose of the interview is to make sure that all the documentation in the application is correct (change the address if the applicant has moved, etc.) and will be corrected it if isn’t. If any other unintentional mistakes are discovered, they may be corrected at this time.

Should I bring an attorney with me to the USCIS 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.

Should I bring attorney to my citizenship interview?

Having a lawyer may not be especially helpful unless your application involves a complex legal matter. If you believe that USCIS may suspect that you do not meet a certain requirement for citizenship, you may want to hire a lawyer to help you explain to the USCIS officer how you meet the requirement at issue.Oct 18, 2021

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 should I bring to an adjustment of status 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

Should you bring a lawyer to green card interview?

Having an attorney present at the interview helps to protect and advocate your legal rights. If USCIS instructs you to provide a sworn, written statement on controversial points, the attorney can verify that you understand what you are providing and signing.Jan 25, 2018

Can USCIS check my bank account?

Yes USCIS may verify information about your bank account with bank.Jul 9, 2020

Do you need a lawyer for i 485?

Options for Preparing Form I-485 Depending on the case, attorney fees can be $1,500-$5,000 (not including USCIS fees). For individuals with complex situations, criminal offenses, or serious immigration violations, using an lawyer is the best option. But most people with straight-forward situations don't need a lawyer.Aug 14, 2018

What does initial interview mean USCIS?

It is the stage in which the immigration officer determines whether the couple does in fact have a genuine marriage, based on the documents initially provided with the case, as well as additional documents the couple must bring to the marriage interview to prove they do indeed have a bona fide marriage.Oct 9, 2014

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-485 without interview?

Interviews can be waived for the following employment-based I-485 cases: You are still employed by the petitioner who submitted the approved employment-based visa petition. You were approved as an alien of extraordinary ability or alien of exceptional ability and you are otherwise qualified for a green card.

Is there an interview for adjustment of status?

All adjustment of status applicants must be interviewed by an officer unless the interview is waived by USCIS. The decision to waive the interview should be made on a case-by-case basis. The interview enables USCIS to verify important information about the applicant to determine eligibility for adjustment.

What happens after I-485 is approved?

Upon approval, the applicant is mailed a Form I-551, Permanent Resident Card. The date the Form I-485 is approved becomes the date of adjustment, which in turn determines how soon the newly adjusted Lawful Permanent Resident (LPR) may apply for U.S. citizenship. Permanent Resident Cards are valid for ten years.

Not Bringing The Right Things to The Interview

If you do not bring all the necessary documents, the USCIS officer who interviews you may not be able to make a decision on your case that day. Thi...

Not Bringing A Competent Interpreter

Many people decide not to bring an interpreter with them to the interview, perhaps out of fear of how much it will cost, or a hope that speaking En...

Not Bringing Proper Translations For Foreign-Language Documents

Any foreign language documents that you bring, such as birth certificates from other countries, must not only be fully translated into English, but...

Saying Inappropriate Things at The Interview

Failing to listen carefully to the questions asked by the USCIS officer, volunteering information that harms your case, and lying are all common wa...

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 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.

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..

Can birth certificates be translated into English?

Any foreign language documents that you provide to USCIS, such as birth certificates from other countries, must not only be fully translated into English, but be accompanied by a statement from the interpreter that says something like:

What to ask USCIS about visa?

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. If you tell the officer that you provided only truthful information at the time you applied for a visa, but you actually lied on some parts, the officer might figure it out.

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.

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, ...

How long is an adjustment of status interview?

A standard adjustment of status interview is less than 30 minutes in length. After introductions and swearing in, there isn’t much time for questioning. Be familiar with your entire AOS package. You should be able to verbally confirm your answers from all forms.

What documents are needed for adjustment of status?

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).

How to change status in USCIS?

The USCIS appointment notice will include an adjustment of status interview checklist of items to take to your interview. Always take the items listed in your appointment notice. The following list will help you get prepared. You should expect to take the following items: 1 Government-Issued Photo ID. Typically your 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 packet. 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 as recommended). 8 If applying based on employment, an up-to-date employment verification letter, documenting continued employment at a specified salary. 9 If applying based on marriage, copies plus originals of documents proving your bona fide marriage.

What to do if you are not fluent in English?

Take a Competent Interpreter . An applicant who is not fluent in English may use an interpreter for the adjustment interview. An interpreter, who can proficiently translate between English and your native language, can help facilitate the AOS interview.

What happens if you don't speak English at USCIS?

If you do not understand the USCIS officer or the officer does not understand your answers, it may appear that you are being dishonest or trying to hide information. The language barrier could lead to a denial.

Can a USCIS officer waive an adjustment of status interview?

USCIS officers may waive an adjustment of status interview, on a case-by case-basis, if he or she determines it is unnecessary. The reasons an officer may decide to waive an interview include, but are not limited to, cases for:

Can I get an I-485 from USCIS?

If everything goes well at your interview, the USCIS officer will approve your I-485 application. In some cases the officer may be able to place an “I-551” stamp inside your passport. Regardless, USCIS will process the new green card and mail it to your address on record.

What is an I-485 interview?

Adjustment of Status (I-485) Interview. For most people applying for an adjustment of status , the interview is waived, but in some cases, they are called for an interview. If your interview is waived and your case is adjudicated, then you would get an approval letter from the U.S. Citizenship and Immigration Services ...

What is the purpose of an interview?

The purpose of the interview is to make sure that all the documentation in the application is correct (change the address if the applicant has moved, etc.) and will be corrected it if isn’t. If any other unintentional mistakes are discovered, they may be corrected at this time.

How old do you have to be to be an interpreter?

Interpreter#N#If you are not comfortable in English, you need to bring a friend, relative, or hire an interpreter to help. The interpreter must be over 18 and fluent in both your language and English. The interpreter must be a legal resident or U.S. citizen.

Can I file a self petition for divorce?

Exception: If your U.S. spouse is abusive (physical or emotional cruelty), you may be able to file a self-petition on a Form I-360 even if you are divorced. You must file an I-360 before the final divorce, or within 2 years of the final decree if you can prove that the divorce was connected to the abuse.

What do I need to sponsor my spouse?

sponsor spouse should carry photo identification such as a driver’s license or passport and proof of legal status such as a birth certificate, naturalization certificate, passport, or permanent resident status (a plastic green card or the stamp in the passport).

Can I postpone a green card interview?

Applications are rarely denied on the spot. You should not postpone the green card interview until your dependents can join you. It may take a long time to get another interview and dependents may be refused visa/admittance into the U.S. if they are arriving merely to adjust status.

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 documents are needed for adjustment of status?

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).

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 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. USCIS may waive the interview for some applicants with especially straight forward cases with strong evidence.

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 I get an I-485 from USCIS?

If everything goes well at your adjustment of status interview, the USCIS officer will approve your I-485 application. In some cases the officer may be able to place an “ I-551 stamp ” inside your passport. Regardless, USCIS will process the new green card and mail it to your address on record.

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.

What is adjustment of status?

The process known as adjustment of status allows you to apply for legal permanent residence to obtain a Green Card in the United States. This immigration process is carried out by foreigners who are already within the United States. In other words, foreigners can obtain a Green Card without having to return to their country.

What form do I need to file for adjustment of status?

It is important to emphasize that if you are applying for adjustment of status to be a permanent resident under Section 245 (i) of the Immigration and Nationality Act, you must complete both Form I-485 and Supplement A to Form I-485, Adjustment of Status Under Section 245 (i). 5.

How to apply for a green card?

1. Determine if you are eligible to apply for the Green Card. Eligibility requirements will vary based on the immigrant category you are in. The first step is to see if you fall under one of the categories that allow you to apply for a Green Card.

How many forms do I need to get a green card?

The usual thing for most people is to have to submit 2 forms. On the one hand, an immigrant petition and, at the same time, the Green Card application (Form I-485).

Is a B1 visa temporary?

They argue that the B1 and B2 visitor visa is temporary and that it will be a crime to enter the country with the intention of staying permanently.

What is a waiver application?

Waiver application could mean denial of adjustment of status petition due to Public Charge Rule. The cost of Form I-485 must be paid by personal check, money order, or by credit card. In addition, Form G-1450 would have to be completed .

How to check status of USCIS case?

Verify the status of your case. You can do this online or call the USCIS Contact Center at 800-375-5283. For people with disabilities: (TTY) 800-767-1833. Please keep your receipt number, A-Number, name, and date of birth available so that you can provide this information to the USCIS officer serving you.