How does a lawyer help you at the interview?

[Mariana2012 89]

I was wondering, what does a lawyer do exactly to help you during your AOS interview?

[CC90 90]

They don't really. One can be useful for detecting illegal questions or unprofessionalism. This makes it easier to challenge an adverse action as to have a credible witness. Otherwise, they aren't really allowed to speak for you.

[asdfg 18]

I was wondering, what does a lawyer do exactly to help you during your AOS interview?

Lawyer is not there to really help you. He is there to look out and make sure you don't get rolled over.

I had a mediocre lawyer (who didn't even go to interview with me). He made mistakes in the paperwork (errors not relevant to me or the case outcome but enough to cause RFE and delays) and during the interview I had a newly hired officer who wrongly changed my answer on I-485 ( he asked if i ever was cited, I said no, except non-criminal traffic violation. He then changed my answer to YES and I was required to submit printout of a satisfied traffic ticket from motor vehicle agency).

As a result my case was decided at least 2.5-3.5 months later than the actual average [at the time] for the jurisdiction I reside and it took Congressional intervention as well as hiring a new council (Top AV rated immigration attorney in my area) with the intent of filing WOM.

Had a hired a competent attorney from the beginning , I am sure my case would be decided in half the time with no nonsense RFE's.

So, my answer is: good lawyer may be a great asset (even if he sits there mum, he can still intervene and correct if an inexperienced officer makes an obvious error during the interview) , but beware of mediocre lawyers. You are better off alone than with incompetent or careless council.

Good luck.

Edited February 18, 2013 by asdfg

[Newbie608 103]

Nothing really. Just sit there, look, listen and take up space unless your case is a difficult one

[JohnR! 5,495]

I was wondering, what does a lawyer do exactly to help you during your AOS interview?

You don't need a lawyer present for your AOS interview. It is just an interview, not an arraignment.

[asdfg 18]

My case was very easy (AOS based on marriage, with 2 children, no criminal record, no question about bona fides of relationship).

I needed an attorney to be present during an interview.

Reason: the interviewer was not experienced (a new hire) and made an error.

There is question on I-485 which specifically asks to exclude the minor traffic violations (where it asks about criminal incidents,imprisonment, arrest and detention in past).

Obviously my I-485 had NO as an answer.

During the interview I answered NO as well. But officer insisted (literally asked "didn't you have any traffic ticket at all?")

To which I honestly answered "Yes I had" and recalled that I was cited for not wearing a seat belt, in a state that doesn;t even consider it a moving violation , it is literally an equivalent of a parking ticket.

The officer then changed my answer from NO to YES and had me put my initial next to it.

I was dumbfounded but didn't argue. Who would?

A month later I got I-72 asking me to show proof of arrest or my I-485 would be denied.

Now, how do you show proof of arrest if you have never been arrested?

I had to hire a new counsel. I had to contact the motor vehicle administration where the record of infraction was kept (so minor the infraction is that it doesn't even get reported to a court). All documents would immediately submitted to USCIS.

With case still not being adjudicated and USCIS telling me it may take then another 120 days to look at it I had to contact my Senators.

My lawyer was in process of preparing WOM.

Then, suddenly, the decision was made and I got the approval notices in mail.

I would have avoided all this stress had I had a good attorney from the beginning who would go with me to the interview.

Without the lawyer at the interview there is NO WAY I could avoid RFE.

I believe that if I started to argue with officer and told him that he was incorrect in changing my answer I would irritate him and nobody can tell what would follow next.

While not everyone always needs a lawyer, certainly having a good one by your side may decrease the chances of unnecessary delays and errors in case adjudication.

Edited February 18, 2013 by asdfg

[Mariana2012 89]

My case was very easy (AOS based on marriage, with 2 children, no criminal record, no question about bona fides of relationship).

I needed an attorney to be present during an interview.

Reason: the interviewer was not experienced (a new hire) and made an error.

There is question on I-485 which specifically asks to exclude the minor traffic violations (where it asks about criminal incidents,imprisonment, arrest and detention in past).

Obviously my I-485 had NO as an answer.

During the interview I answered NO as well. But officer insisted (literally asked "didn't you have any traffic ticket at all?")

To which I honestly answered "Yes I had" and recalled that I was cited for not wearing a seat belt, in a state that doesn;t even consider it a moving violation , it is literally an equivalent of a parking ticket.

The officer then changed my answer from NO to YES and had me put my initial next to it.

I was dumbfounded but didn't argue. Who would?

A month later I got I-72 asking me to show proof of arrest or my I-485 would be denied.

Now, how do you show proof of arrest if you have never been arrested?

I had to hire a new counsel. I had to contact the motor vehicle administration where the record of infraction was kept (so minor the infraction is that it doesn't even get reported to a court). All documents would immediately submitted to USCIS.

With case still not being adjudicated and USCIS telling me it may take then another 120 days to look at it I had to contact my Senators.

My lawyer was in process of preparing WOM.

Then, suddenly, the decision was made and I got the approval notices in mail.

I would have avoided all this stress had I had a good attorney from the beginning who would go with me to the interview.

Without the lawyer at the interview there is NO WAY I could avoid RFE.

I believe that if I started to argue with officer and told him that he was incorrect in changing my answer I would irritate him and nobody can tell what would follow next.

While not everyone always needs a lawyer, certainly having a good one by your side may decrease the chances of unnecessary delays and errors in case adjudication.

Oh wow. I have filed through a lawyer and he said he will go to the interview with us so I was just wondering what he'll be doing there. I have a ticket from 2007 when I didn't come to a full stop when turning right on a red light and I got fined $ 101 and I paid it immediatelly. Now if he asks me if I had any tickets at all and I mention then ticket from 2007 can my lawyer speak up on my behalf if he wants to change the aswer on the I -485 ? The more I read this site the more " what could go wrongs" I encounter . Maaaaan

[asdfg 18]

Mariana, you must contact the jurisdiction where you were cited for infraction. Find out if its minor violation or misdemeanor. In CA red light violation is misdemeanor. Misdemeanor is a crime and doesn't fall under minor traffic violations. If you had what is considered a mere traffic violation then answer is No and you don't have to submit any extra evidence. If your red light violation is misdemeanor and thus a crime then you must bring all relevant documents and answer YES on i485. This my subjective opinion. I am not a lawyer and this is not a legal advise. Contact a lawyer for expert advise. Good luck.

[Mariana2012 89]

It was considered a traffic violations, basically the only reason I got the ticket was because the cop thought there wasn't enough distance from the car on the left for me to take the turn. I just went online to check my traffic ticket date and it is not there anymore maybe because it is more than 5 years since I got it. I would like to doublecheck just in case. How do you " contact the jurisdiction where you were cited " ?

[Hypnos 6,576]

The vast majority of cases are so simple that you can breeze through them in a DIY manner with few / no problems.

Every once in a while you will see someone who probably should have a consultation with an attorney for some minor issues, and then there are the problem cases that stem from something you have done (EWI, criminal history, misrepresentation, etc.) or that USCIS has done that require you to bring out the big guns to solve.

I have a second interview on the 8th March and am shopping around for lawyers right now to attend it with me. I already have an attorney, but she does her work at a distance and so does not attend interviews. Initially it seemed like my case was (fairly) straightforward, and so she seemed like a good choice at the time. Now though, given how USCIS have mishandled my case and kept me spinning my wheels for months on end, I feel the need to have a competent AILA attorney next to me for this second interview, to make sure they don't try to compound the shenanigans they have already been doing.

Only you can decide whether hiring an attorney and / or having one attend your interview is something that you require.

[asdfg 18]

Marianna, look at the ticket you have got . I assume you still have a copy of it. It should have the contact information if you have any questions about your ticket. Contact them.

[Mariana2012 89]

unfortunatelly I don't have a copy of it. I remember talking to my American friend who looked at it and we were discussing it's good that it is just a traffic violation.

Do you know the authority I should go to? DMV would know about where I can find it ?

Edited February 19, 2013 by Mariana2012

[asdfg 18]

unfortunatelly I don't have a copy of it. I remember talking to my American friend who looked at it and we were discussing it's good that it is just a traffic violation.

Do you know the authority I should go to? DMV would know about where I can find it ?

Marianna, this is self explanatory... I am sure you do know geographic location where you had a ticket issued to you. Contact that local jurisdiction (municipal, state police etc., depending who issued the citation).Good luck.

Edited February 19, 2013 by asdfg