Jump to content
Sign in to follow this  
Pinkranger

Presence of Immigration Lawyer during Interview

8 posts in this topic

Recommended Posts

Hi, just a short question...

Would the presence of an immigration lawyer make a difference during the interview?


12-16-2010 (Day 1) I-485, I-130, I-131 and I-I-765 applications sent to USCIS received
12-27-2010 (Day 11) NOAs received thru USPS plus Biometrics schedule for 1/12/2011 @ Michigan City IN and Rejection Notice for I-131.
01-05-2011 (Day 20) I-131 Refiled
01-12-2011 (Day 27) Biometrics completed in 10 minutes (whereas the drive is 1.5 hrs one-way, thanks to snowstorm in IN)
01-31-2011 (Day 46) RFE received (received via email alert)
02-22-2011 (Day 68) Response to RFE received by USCIS (received via email alert)
03-03-2011 (Day 77) EAD Card in Production (received via email alert)
03-14-2011 (Day 88) EAD/AP Combo Card Received
04-14-2011 (Day 121) Interview, Approved!
04-18-2011 (Day 125) E-mail alert received for Card/Document Production
04-23-2011 (Day 130) Green card in the mail
Removing Conditions
01/14/2013 (Day 1) Mailed out I-751 documents to CA Service Center
01/22/2013 (Day 8) Received Receipt Notice
02/13/2013 (Day 30) Biometrics Schedule @ Michigan City, IN

06/19/2013 (Day 156) E-mail alert received for Card Production

06/29/2013 (Day 166) Received card in the mail

Share this post


Link to post
Share on other sites

I don't have any experience yet with the embassy interview but from what I have read here, some consuls don't even allow the presence of the USC and will ask them to wait outside. Lawyers can help you prepare your documents and coach you with how to answer but they won't be allowed to be with the foreign national during the interview. The only exception is if it is a minor. Here, I found a good article regarding this :

http://www.articlesbase.com/immigration-articles/visa-interview-at-the-us-embassy-and-attorney-present-2659250.html

Some people believe that they can have an attorney represent them at their visa appointment interview. This is actually not permitted at the US Embassy, however, at the United States Citizenship and Immigration Service (USCIS) an American lawyer can appear on your behalf.

The general rule for most US Consulates and Embassies is that only the foreign national applying for the visa may appear for the interview. No legal representation is allowed and no one else can appear with you, such as a friend or spouse. The exception is when the foreign national is a minor, then a legal guardian or attorney may appear on the minor's behalf.

The United States Department of State follow the United States Foreign Affairs Manual (FAM) which gives guidance to State employers and attorneys on correspondence with client's representatives. Each consulate has the discretion to establish its own policies regarding attorney representation, and generally consular officers will correspond with the attorney directly so long the attorney has submitted a properly executed G-28 Notice of Representation. If so then the officers will notify the attorney of records regarding issues with their client's case.

The advantage to this direct communication is invaluable when the attorney is "on the ground." This expedites and removes any unnecessary delays via mail or phone, merely by the attorney being able to appear before the consular officer to make a direct inquiry. This being said, the State employees are required to provide the same communication to American lawyers in the US and abroad.

While American attorneys are not accompanying visa applicants to interviews, there's an infinite amount of information from websites promising legal representation at the US Embassy. These visa agents are not permitted to enter as the attorney of record and thereby prohibited from submitting a G-28 form. Without this executed g-28 form in place, the US consular officers will not communicate with anyone except the alien applicant regarding the status. Therefore, while American attorneys are not at the interview, they are able to investigate and facilitate the case to adjudication.

Read more: http://www.articlesbase.com/immigration-articles/visa-interview-at-the-us-embassy-and-attorney-present-2659250.html#ixzz1EbYrzuTF

Under Creative Commons License: Attribution


event.png

K1 Timeline

2010-11-02: NOA1

2011-03-24: NOA2!!! :)

2011-04-08: Case arrived at Embassy ( tracked through DHL)

2011-04-11/12: Medical at St Lukes

2011-04-25: INTERVIEW :) Earliest slot available online is May 6, called to see if there is an earlier date. Got Apr 25 :)

2011-05-11: POE at LAX Airport

2011-06-25: We got married!

2011-08-02: AOS/ AP/ EAD filed

2011-08-09: AOS NOA1

2011-09-06: Biometrics Appointment

2011-10-20: AOS Interview @ Detroit USCIS

5477902625_3cbb8daa8d_t.jpg5478473242_22ddaecd18_t.jpg5478483180_7fc17c0b8f_t.jpg5477910219_4cba055980_t.jpg5478504360_9bcbcc2c98_t.jpg

Share this post


Link to post
Share on other sites

thanks for the article, crystal01! this one helps. :)


12-16-2010 (Day 1) I-485, I-130, I-131 and I-I-765 applications sent to USCIS received
12-27-2010 (Day 11) NOAs received thru USPS plus Biometrics schedule for 1/12/2011 @ Michigan City IN and Rejection Notice for I-131.
01-05-2011 (Day 20) I-131 Refiled
01-12-2011 (Day 27) Biometrics completed in 10 minutes (whereas the drive is 1.5 hrs one-way, thanks to snowstorm in IN)
01-31-2011 (Day 46) RFE received (received via email alert)
02-22-2011 (Day 68) Response to RFE received by USCIS (received via email alert)
03-03-2011 (Day 77) EAD Card in Production (received via email alert)
03-14-2011 (Day 88) EAD/AP Combo Card Received
04-14-2011 (Day 121) Interview, Approved!
04-18-2011 (Day 125) E-mail alert received for Card/Document Production
04-23-2011 (Day 130) Green card in the mail
Removing Conditions
01/14/2013 (Day 1) Mailed out I-751 documents to CA Service Center
01/22/2013 (Day 8) Received Receipt Notice
02/13/2013 (Day 30) Biometrics Schedule @ Michigan City, IN

06/19/2013 (Day 156) E-mail alert received for Card Production

06/29/2013 (Day 166) Received card in the mail

Share this post


Link to post
Share on other sites

glad to help :)


event.png

K1 Timeline

2010-11-02: NOA1

2011-03-24: NOA2!!! :)

2011-04-08: Case arrived at Embassy ( tracked through DHL)

2011-04-11/12: Medical at St Lukes

2011-04-25: INTERVIEW :) Earliest slot available online is May 6, called to see if there is an earlier date. Got Apr 25 :)

2011-05-11: POE at LAX Airport

2011-06-25: We got married!

2011-08-02: AOS/ AP/ EAD filed

2011-08-09: AOS NOA1

2011-09-06: Biometrics Appointment

2011-10-20: AOS Interview @ Detroit USCIS

5477902625_3cbb8daa8d_t.jpg5478473242_22ddaecd18_t.jpg5478483180_7fc17c0b8f_t.jpg5477910219_4cba055980_t.jpg5478504360_9bcbcc2c98_t.jpg

Share this post


Link to post
Share on other sites

The OP is talking about an interview in the states for an AOS application. In that case the USC is required to be present. Lawyers are allowed to attend the interview, though I don't know if they would be of any help. You answer questions about your status and your relationship, not something a lawyer can help with. If it makes you more comfortable, then go ahead. Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

The OP is talking about an interview in the states for an AOS application. In that case the USC is required to be present. Lawyers are allowed to attend the interview, though I don't know if they would be of any help. You answer questions about your status and your relationship, not something a lawyer can help with. If it makes you more comfortable, then go ahead. Good luck.

thanks for the reply, Harpa Timsah. I share the same view, actually. The interviewer might view it as defensive move from us if we bring in an attorney anyway. again, thanks! :)


12-16-2010 (Day 1) I-485, I-130, I-131 and I-I-765 applications sent to USCIS received
12-27-2010 (Day 11) NOAs received thru USPS plus Biometrics schedule for 1/12/2011 @ Michigan City IN and Rejection Notice for I-131.
01-05-2011 (Day 20) I-131 Refiled
01-12-2011 (Day 27) Biometrics completed in 10 minutes (whereas the drive is 1.5 hrs one-way, thanks to snowstorm in IN)
01-31-2011 (Day 46) RFE received (received via email alert)
02-22-2011 (Day 68) Response to RFE received by USCIS (received via email alert)
03-03-2011 (Day 77) EAD Card in Production (received via email alert)
03-14-2011 (Day 88) EAD/AP Combo Card Received
04-14-2011 (Day 121) Interview, Approved!
04-18-2011 (Day 125) E-mail alert received for Card/Document Production
04-23-2011 (Day 130) Green card in the mail
Removing Conditions
01/14/2013 (Day 1) Mailed out I-751 documents to CA Service Center
01/22/2013 (Day 8) Received Receipt Notice
02/13/2013 (Day 30) Biometrics Schedule @ Michigan City, IN

06/19/2013 (Day 156) E-mail alert received for Card Production

06/29/2013 (Day 166) Received card in the mail

Share this post


Link to post
Share on other sites

We used an attorney but he did not come to the interview us, and did not need to. He was available to help us with paperwork and for any questions we had, and had we run into any issues at the interview he would have hopped on over (he worked about 10 minutes away) but it was no issue.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Share this post


Link to post
Share on other sites

If I read correctly one of the fraud indicators they look for is a lawyer who tries to butt into the interview (as in speaking for the applicants, etc.).


England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...