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This will give you a general
idea what to expect at the interview. Please
remember, however, that each interview is different.
First, at the outset, it
should be understood that USCIS interviewers have a very hard, and sometimes
tedious or boring job. Many of them
are very good at what they do. Most
of them are professional, and (reasonably) polite. A handful of them may be rude or intimidating.
The best way to deal with interviewers’ behavior is to sit back in your
chair, relax, and answer the questions as calmly as you are able.
Please do not argue with the interviewer, or expect your attorney to do
so. (The interviewer is the
“judge” at this stage in the process, not the opposing counsel.)
Please plan to arrive at
least 30 minutes prior to the scheduled interview time.
Traffic and parking are unpredictable, and it is best to plan ahead.
To enter the federal
building, you will need to go through a metal detector.
You will then proceed to the information counter to show your
identification. Tell the guard you
are there for an immigration interview, and he/she will instruct you where to
go.
Once in the interview
waiting room (at USCIS in Baltimore, this is Room 103; at USCIS in Fairfax, VA,
this is the Second Floor; at USCIS in Philadelphia, this is the Third Floor),
give your interview notice to the person behind the window or desk.
You will then sit down and await your turn.
Your attorney will arrive 10-15 minutes prior to the scheduled interview
time.
Typically, you will be
called within 10-15 minutes after your scheduled time, although on some
occasions the wait time may be longer.
You, your spouse, and your
attorney will go with the interviewer into an office. (It is highly unusual for spouses to be interviewed
separately, although it does occur from time to time where there may be some
suspicion as to the bona fides of the marriage). You will be asked to remain
standing, to raise your right hand, and to swear to tell the truth.
Then the interviewer will have you sit down at one of the 2-3 chairs
directly in front of the desk, and to display your identification (drivers
license and passport).
Usually at that point, the
interviewer spends a minute shuffling papers while he/she organizes your file
(due to their work load, interviewers do not often have time to prepare very
well before each interview).
Once this is completed, the
interviewer will usually begin asking you questions concerning your biographical
information (date of birth, address, date of entry into the U.S.,
mother’s/father’s name, date/place of marriage, date of divorce, children,
etc.). The number of possible
questions is quite large, but the purpose is essentially to determine you are
the person who filed the application or petition, and to get a better idea as to
your eligibility.
If you do not understand a
question, you may ask the interviewer or your attorney for clarification
You should typically not ask your spouse, however.
You should also not try to answer a question that was directed to your
spouse.
Attorneys are generally not
allowed to participate, except to attempt to present solutions to any legal
issues that may have arisen, or to advise you if you do not understand a
questions.
The interviewer may then
asked to see the originals of the copies you submitted with the petition or
application (birth certificate, marriage certificate, I-94, etc.)
You should have made a copy of each of these items, just in case the
interviewer needs it.
At some point, you will be
asked questions concerning any criminal history, prior immigration violations,
drug/alcohol dependency, prostitution, practice of bigamy, and the like.
These must be answered completely truthfully, by “yes” or “no.”
The interviewer will most likely already know about any potential problem
areas, and may wish to see if you will lie about them. If you do, this will give them another basis to deny your
case, so be sure not to give them this excuse.
At another stage of the
interview, you will be asked questions concerning the relationship upon which
you are basing your application. For
marriage cases, these questions focus on whether or not the marriage is genuine,
or simply for immigration purposes. There
are a virtually unlimited number of questions.
For some examples, see the attached sheet.
At this point, the
interviewer usually asks “what documents did you bring today to prove the
validity of your marriage” or words to that effect. This is your cue to hand over the originals and copies of the
bank statements, bills, lease/deed, affidavits, etc. that you have been
collecting for the past several months. The
interviewer may tell you he/she just wants the copies, or may want to see the
originals too.
The interviewer will at
this point ask you (the applicant) to sign a card and will take your
fingerprints. These are for
purposes of making the green card.
At the conclusion of this
business, the interviewer will typically either tell you
·
your case is approved,
·
your case will be recommended for
approval,
·
you need to submit additional
documentation before a decision is made (you will be given a letter and 2-3
months to submit the missing items), or
·
your name check/fingerprints
clearances have not yet been received from the CIA/FBI/State Department, and you
need to wait longer before a decision is made.
Unless the case is approved
at the interview, you may expect the final decision to be mailed to you.
Depending on the cause of the delay, this could take between 2 days up to
6 months or (rarely) longer. If a
decision is not made in 3 months, your attorney will submit a case status
inquiry, at your request, to see what is going on.
Once the case is approved,
you may simply wait for the green card to come by mail.
These are taking between 2-6 weeks (as of late-Summer 2006), but
processing times may vary widely.
In the mean time, you may
get your passport stamped as evidence of permanent residence.
To do this, you will need to make an appointment on Infopass (www.uscis.gov),
and go back to the federal building with your passport and approval notice.
FOR MORE INFORMATION:
Contact John Byrley at
tel: 410-719-1501.
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