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Old 05-06-2008, 12:29 PM
hvimmigrationlawpa hvimmigrationlawpa is offline
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Join Date: Apr 2008
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Default How do I prepare for my immigration interview?

Hi, All:

Often I am asked how a person should prepare for their immigration interview.

Number one advice: bring your attorney with you. In my experience, you get treated much better by the USCIS officer, and you will be much better prepared. Also, remember that if you choose to go without an attorney, it is just you and the immigration officer -- unless the interview is being recorded, there are no witnesses to what was said, and if there is a misunderstand, mis-translation, or if something improper occurs, it would be your word against the USCIS officer's word. A good, experienced immigration attorney should meet with you before your interview and help you to prepare for it.

That said, here are a few tips:

1) Be prepared. Bring originals and a copy of ALL required documents. Often, when you receive notice of your interview, a list of documents will be included. Read carefully and make sure you have the original (with translation if required) and a copy of all requested documents;
2) Obtain certified court dispositions of all encounters with law enforcement (if you have had encounters with law enforcement, like an arrest, or a conviction, DEFINITELY consult with an attorney!);
3) Dress appropriately. I recommend suits and ties for men, dresses or suits for females. It shows respect for the adjudicating officer. Also, if you wear a hijab, don't feel like you need to remove it for the interview. You can most certainly wear it for the interview. Some of my Muslim clients prefer to wear a big hat, and that is OK, too. A niqab (also known as a "kimar") would probably be OK -- your attorney could ask a female USCIS officer to verify your identity if you have a male USCIS officer;
4) Use proper language. "Yes" and "No" are appropriate. Never "yea," "uh-huh," "nuh-uh," or shaking your head for yes or no. If you don't know that answer to a question, say you don't know, and try to explain why;
5) If you need an interpreter, bring a good one with you. Your attorney CANNOT be your interpreter. Your interpreter should accurately interpret for you word-for-word; if they don't, find a different one. An attorney can usually help you locate a professional interpreter;
6) Be polite and respectful. This will bring many benefits. Never get angry or lose your temper. Remember that USCIS officers are professionals, and the respect and honesty you show to them will most often be returned, to your benefit;
7) Tell the truth. I always tell clients that we need a clean "win," and if we can't get that, then we'll take a clean loss. In a clean loss, you can often win on appeal, or by providing additional information.
For a clean win, in 99% of the cases, if you tell the truth, you'll get the immigration benefit you applied for (and again, there is an appeal process for that last 1%). Often, if there is a problem, your attorney can either make an argument showing why you should still get the immigration benefit, or may even advise you not to apply in the first place. Recently, I have had three different cases where the immigrants had arrests and/or convictions. They told the truth, we showed the law that demonstrated the offense could not bar them from the citizenship, and their applications were all granted. Had the clients chosen to "hide" these problems, it's very likely they would have ended up being denied or perhaps even losing benefits they already obtained.

Bottom line: get an attorney. It's like choosing a surgeon -- your attorney has probably undertaken your immigration process hundreds or even thousands of times, and has seen and dealt with many complications. Often their good reputation at the local office will also help you. It's true that attorneys cost money. But remember that if your interview doesn't go well, you'll very likely have to hire an attorney to fix what was done before. Remember also the many and long-lasting benefits of U.S. Lawful Permanent Residency (the greencard) or citizenship, including better jobs and the ability to bring parents, spouse, children, and siblings to the United States.

As always, we would appreciate your business (click on our banner above to learn more about our firm and make an appointment - initial consultations are free). If you would like to find a different attorney, make sure he or she specializes in immigration law and is an active member of their local chapter of the American Immigration Lawyers Association ("AILA").

Good Luck!

W. John Yahya Vandenberg
Hogan & Vandenberg LLC
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