Are These Questions/Remarks Legal to Say in an AOS Interview?

[~ameriptian~ 54]

Hey everyone!

So, we had our AOS interview yesterday morning and the interviewer was extremely rude to us and went WAY overboard with questions.. Asking things like:

- Are you a prostitute?

- How many men are you currently married to? (he asked the same question about three times)

- Have you ever sold/done drugs?

- Have you paid your husband to marry you?

- Were you ever paid or paid someone to marry you in the past?

- Do all Egyptian girls marry foreigners they barely know? (Culturally speaking it's very rare that Egyptian females marry non-Egyptians..and I've known my husband two years before I married him)...

- Are you part of a gang?

- Are you a terrorist?

- I don't know how they approved you for a K1 visa since you are supposed to meet at least twice before applying..and when I corrected him saying: "I thought the requirement was to at least meet once in 2 years prior to filing"..he stared at me and said don't be smart with me!!!!

- Why are you not covering your hair?

- What religion do you follow?

- What race are you?

- Asking my husband..when are you getting back with your ex-wife? My husband replied it is not happening, I'm happily married to my wife.. The IO said when did you say you are getting back with your ex wife again?!!!

- Asking my husband what religion he follows..

- Asking my husband why I cover or do not cover certain areas of my body....

- Telling me that I said different answers in my K1 interview to some of the questions he asked (which is NOT true) and when I told him I know what I said in my visa interview and what you are saying is not true.. He repeated it many times and just moved on with the questions...

- When I told him that I actually had a fairly easy K1 interview and a very pleasant officer who was smiling the whole time..He said: "Well, we are very nice people..We smile at you at interviews, and we smile at you when we put the cuffs on your hands too."!!!!!!

He ended up approving us after a little over an hour of that kind of questions and remarks.. He barely asked anything that concerns us and did not seem interested in seeing any of our proof, pictures, or letters we brought from friends and family (including my husband's and mine)...

I feel VERY VERY offended by the way my husband and I were treated during our interview.. I would like to see him again in two years for Removal of Conditions and show him what an idiot he is... Our relationship is probably truer than anything he ever seen/heard in his life...

My question now is: are all the racial/cultural/religious remarks he made are even legal to ask in a USCIS interview? [i dont think it is legal to approve/deny anyone based on their race/culture/or religion...is it true or not]..

We are planning on suing the officer or at least reporting him as he should not get away with being so hostile to people...

Another question I would like to know the answer for is.. He kept my EAD card, is that normal? Should I expect that he mails it back? What if he does not?

I know most people here are not lawyers...but I would like to know any legal tips that would help us with the matter!

Thanks in advance!

Edited November 3, 2010 by Aya&John

[~PalmTreeGurl~ 154]

Omgosh Aya! Many of those questions do not seem right at all to be asking! Thats very offensive! I'm soooo sorry!

[~ameriptian~ 54]

I know his name.. I am differently suing him or at least reporting him... People like him should not represent the US, IMHO....

[sachinky 464]

As far as I know, it is "legal" to ask any questions they want during an AOS interview to judge the legitimacy of the relationship. Most of it is to see if they can 'rattle' you, so to speak.

If you feel they are going overboard, you're free to inform the IO that the interview is over and you are welcome to leave.

Sorry that you had such a rough time -- if I were you, I'd definitely lodge a complaint with your Senator and USCIS. Some of the questions are beyond offensive.

Edited November 3, 2010 by sachinky

[sachinky 464]

With the prevalent cheering and support for all the 'illegals', you'd think that the ones who are trying to do it legally, wouldn't be insulted, hassled, inconvenienced and generally made to jump through hoops at every step of this way. I'm so sick of this.

[~ameriptian~ 54]

I was laughing almost so hard in shock of what he was asking. but proceeded with the interview.. Although some of question were soooo offensive, but I can understand that 'some kind of people' need to be asked these questions..He was TOO BLIND to see that we are not that kind of people...

Are the Racial/Cultural/Religious remarks he made legal still?? I think at least it violates my husband's constitutional rights as a USC to be asked what religion he follows or which race he is... I seriously would like to see that man punished for treating a true couple who did everything right like that..

[~ameriptian~ 54]

Just thinking about our interview experience makes me furious!!

[~PalmTreeGurl~ 154]

I dont think its his business to ask why you dress a certain way. Does he ask all women why they dress the way they do? Thats so unprofessional IMO.

[sachinky 464]

The problem is immigration is a NOT a constitutional right and it wasn't the USC's status that was being determined in that interview. His rights weren't being violated since immigration is not constitutionally guaranteed. Your husband, the USC, could have easily refused to answer a single question, especially the ones he found intrusive or demeaning -- without any detriment to himself. He was not going to be arrested or shot dead if he refused to answer -- (that would've been illegal.) In fact, you both could've left the office at any moment you chose.

While you were treated badly and I'm sure it was quite humiliating to be in that position, I'm not sure on what basis you'd 'sue' him. What he did wasn't illegal--some this hostile stuff is routine Stokes--so I'm pretty sure the IO wouldn't be pulling this if it was expressly illegal. I don't think so. Sure, it was uncalled for, unprofessional and frankly, some of it was none of his business. You're pissed and that's understandable--I'd be too. Lodging a complaint is probably as far as you could go.

P.S. I'm no lawyer.

Edited November 3, 2010 by sachinky

[~ameriptian~ 54]

By a constitutional right I mean not being treated different based on race/religion/or culture..

I am VERY offended and angry about the whole experience and I would like to see that man in his right place...

I am wondering if reporting or suing an IO could create any future hassle with immigration...

[JimVaPhuong 4,863]

I don't mean to rub any salt in your wounds, but I think you went into the interview without a reasonable understanding of what could happen. In truth, it could have been much much worse. If you had been selected for a Stokes interview then you would have been separated and subjected to such questioning for several hours.

The IO obviously thought you had lied about something at some point in the process, and he was trying to shake you up and get you to admit it. You did precisely what you were supposed to do, which is to be consistent with your answers. He is allowed to ask any questions he likes. He is allowed to accuse you of anything he likes. This is a common tactic used by law enforcement officers in the US (yes, an IO is a law enforcement officer), and it's been repeatedly upheld in court.

Feel free to sue USCIS or the IO in particular, but I doubt your lawsuit will get off the ground. First, everything he did was within his legal authority. Second, even if you could prove he was biased by race, religion, or culture, you can't show how you were injured by his bias because you were approved.

You were unfortunately selected for close scrutiny. You should probably try not to take it personally.

They do sometimes take the EAD. It isn't of any use once the green card has been issued. You won't need to get it back.

[VanessaTony 3,567]

Agree with Jim here. While you may find it offensive, and I'm sorry for that, it is perfectly legal.

They can ask you what your favourite sexual position is, what his is. What birth control you're on, when was the last time you had sex, were you a virgin when you married etc etc (which are the most rude questions in my personal opinion) but usually those ones would be in a Stokes interview to make sure you and your husband had the same answers.

it appears something in your file made the person think twice about you, or perhaps he's fresh of the training block, or perhaps he is suspicious of inter-race couples. Unfortunately you'll never know and like Jim said, any attempts at suing will most likely go nowhere. Complaining about him is fine but he'll prolly get a slap on the back for shaking you up appropriately.

[~ameriptian~ 54]

Yes, we were interviewed separately, then together for an hour or so. I did not mind AT ALL us being interviewed separately.. WE actually were very calm collective and had a good humor about it, even though the IO did not share it (which I don't care).

I understand that stokes interviews are required for a certain type of people and If I had lied or had an issue with anything, I wouldn't be surprised if I was under that type of questioning.. If they have to run that type of interview, they should do enough research/investigation to have any grounds for their offensive accusations and remarks.. Like any type of secret investigation prior to deciding whether they are going to treat people like that or not.. I have never lied about anything in the visa or AOS processes (and mainly hate lying in general).. That's one of the reasons I feel very offended.. There's absolutely no reason to treat innocent truthful people like that, while there are clearly many immigration problems and more illegals probably than every single post on VJ in a whole year...

Although (as an innocent true couple who just fell in love, got married, and want to spent the rest of their days together) we feel offended by the type of questioning we were under and feel there should be some type of investigation before that type of interview is run and people shouldn't be 'randomly' selected for them or just because he 'thought' we lied about something- which we did not.. We absolutely see no reason for the religious/racial/and cultural remarks and questions... Is it still ok to ask a person what race they are (even though it is obvious)? What religion they follow (that's a very wide variation considering we are spiritualist more than religious)? And making very offensive cultural remarks here and there???

[moroccogirlny 100]

+ 1 for Jim

Sorry you had to go through that.

[moroccogirlny 100]