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dpmusic

Representation During Naturalization Interview

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Hello,

 

My wife has a naturalization interview coming up.  My understanding is that I'm not normally allowed to accompany her -- is that correct?

 

I also wanted to see what people thought about having legal representation during the interview.  There are some tricky questions about time we've spent out of the country (which can be adequately explained), so I'm leaning towards it to make sure there are no misunderstandings.

 

Finally, I happen to be an attorney myself and could technically represent her via a G-28 -- I wanted to see whether people thought that would be a good idea.

 

Thanks for the advice!

Edited by dpmusic

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On the paper no but I've read on this forum some more relaxed/quiet offices don't mind US citizen spouses join the naturalization interviews. My wife came with me to my interview, we asked if she can sit in the interview, the officer said that is not allowed. I didn't expect her say yes either.

 

Legal representation may depend on the complexity of her case. I think most people on this forum don't have legal representation in the interviews.Check the USCIS policy manual on role of legal representative during the interview https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartB-Chapter3.html Part A-2. It says : "The representative’s role is to ensure that the applicant’s legal rights are protected. A representative may advise his or her client on points of law but should not respond to questions the officer has directed to the applicant."

 

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Spoiler

 

hi

 

that's where you wouldn't be able to help her if you would even be able to be there as her attorney, that's what the interview is for, if she understands the officer. she needs to be able to explain whatever she filled out on the application to the officer, a minimum of English comprehension. so you wouldn't be able to intervene if the officer asks her about her time out of the country, the trips, are you sure she qualifies with the trips out of country on physical presence?

 

unless the case is complicated, no need for an attorney, you probably won't find many people on the forum who have used an attorney for citizenship

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Thanks, both.  No problem with physical presence, and also for continuous residence (it was more than 6 months, less than a year -- we don't believe there was a break but waited two years before applying in any event to be sure that residence was reestablished).  The concern is rather with the officer determining that there was an abandonment of LPR status.  She has all of the evidence of non-abandonment pulled together -- is there anything that a lawyer can do to make sure that all favorable facts come out if the officer appears to be going in the direction of abandonment?

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